18 FOSTER STREET - ZBA 18 FOSTER STREET R-7
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL I
978-745.9595,Ext 381
g will hold a public hearing for all per-
;;r^'' sons interested in the petition submit-
' ted by JAYMIN FAMILY TRUST re-
questing Variances from lot area per
dwelling unit and front setback to con-
struct a two unit addition for the prop-
arty located at 18 Foster Street R-2.
Said hearing to be held Wednesday,
August 20,2003, at 6:30 p.m., 120
` .. Washington Street, 3rd floor, Room R
313.
Nina Cohen,Chairman �
it'. (8/6,13) J
,co r CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL GIT�+yY,@OyFy/ SAL . , A
3 y, 120 WASHINGTON STREET, 3RD FLOOR hL°&i4'fl � '
SALEM, MA 01970
s TEL. (978) 745-9595
FAX (978) 740-9846.
STANLEY J. USOVICZ, JR. 2003 SEP 18 A 10. 55 '
MAYOR
DECISION OF THE PETITION OF JAYMIN FAMILY TRUST REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 18 FOSTER STREET R-2
A hearing on this petition was held September 17, 2003 meeting with the following Board
Members were present: Nina Cohen Chairman, Stephen Harris, Bonnie Belair, Nicholas
Helides and Joan Boudreau. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
At the request of the petitioner Mardie Goldberg the Salem Board of Appeal voted 5-0, to
grant leave to withdraw this petition without prejudice requesting a Variance for the
property located at 18 Foster Street located in a R-2 zone.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE.
September 17, 2003
,/L/�,
Nina Cohen Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts
General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South Essex Registry
of Deeds and indexed under the name of the.owner of record or is recorded and noted
on the owner's Certificate of Title.
Board of Appeal
J
We the residents and voters in ward six are against the changes at 18 Foster st.
from an R3 to R5.We feel the hardship being said is not a reason to overlook
existing zoning laws.Buffer zones were written to protect our neighborhoods
from being overdeveloped.Foster ST.is zoned as no more then 2 families per
lot.In 1989 Marty Goldberg went bef&e the Board asking for variances on i
making a two family into a 3 family. At that time she also proposed similar
plans to the Board requesting construction of a two unit addition.The Board .y.
ed permission to renovate into a 3 family
then compromised and she receiv _
unit. She was denied a 2 unit addition.
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We the residents and voters in ward six are against the changes at 18 Foster st.
from an R3 to R5. We feel the hardship being said is not a reason to overlook
existing zoning laws. Buffer zones were written to protect our neighborhoods
from being overdeveloped. Foster ST. is zoned as no more then 2 families per
lot.In 1988 Marty Goldberg went before the Board asking for variances on
making a two family into a 3 family. At that time she also proposed similar
plans to the Board requesting construction of a two unit addition. The Board
then compromised and she received pe 'ssion to renovate into a, f,
unit. She was denied a 2 unit addition.
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We the residents and voters in ward six are against the changes at 18 Foster st.
from an R3 to R5. We feel the hardship being said is not a reason to overlook
existing zoning laws. Buffer zones were written to protect our neighborhoods
from being overdeveloped. Foster ST. is zoned as no more then 2 families per
lot. In 1988 Marty Goldberg went before the Board asking for variances on
making a two family into a 3 family. At that time she also proposed similar
plans to the Board requesting construction of a two unit addition. The Board
then compromised and she received permission to renovate into a 3 family
unit. She was denied a 2 unit addition.
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DECISION ON THE PETITION OF GERREN REALTY TRUST FOR
VARIANCES AT 18 FOSTER ST. (R-2)
A hearing on this petition was held January 2; , 1988 with the following Board
Members present: James Hacker, Messrs. , Bencal, Fleming, Luzinski and Strout.
Notice of the hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter HOA.
The petitioner, owner of the property, is seeking variances to allow a third unit
in an existing two family building and to construct a two unit addition at the
locus. The property is located in an R-2 district.
The Variances which have been requested may be granted upon a finding of the
Eoard that:
a. special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other lands, buildings or structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
C. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpccen of the Ordinance.
"'he board of Appeal , atter careful consider t.cn the evidence presented, and
. .ewinz the , _ans, cakes the fcllowine i .ncings of fact:
"he when curcnasea was in dicretaiv .'enc ,n evescre to
the n,P_g.t.ornooa.
2. -he petitioner, :xoerienceo in buiicinz renabilita_ion, presented
excellent pians for the existing structure;
_. F. renovation of the building would enhance the neighborhood
in general;
However, manv area residents, including Ward Six Councillor
Sarah Haves, indicated that the area is very dense and that
five units on this locus would add to the density problem.
On the basis of the above findings of fact. theEeard of Appeal voted 4-1 to
divide the auestion.
-he Board of Appeal first considered the Variances for the allowance of a third unit
in the existing building. On the basis of the above findings of fact, and on the
evidence presented at the hearing, the Beard of Appeal concludes as follows:
a. Special conditions exist which affect the subject property but not the
district Generally;
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c. _iteral enforcement of the crovlsicn of the --rd_nance wcu . involve
substantia: hardship to the petitioner;
c. The Variance reauested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent o: the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4-1 to grant the Variances requested
relative to the allowance of a third unit in the existing building, subject to the
following conditions:
1 . Rehabilitation of the building be done as per the plans submitted;
2. All provisions of the Salem Fire Dept. relative to fire safety, are to
be adhered to;
All construction is to be in conformity with the State Building Code;
4. Petitioner is to obtain a building permit from the Salem Building
Inspector immediately;
1. Petitioner is to obtain a Certificate of Occupancy;
6. The petitioner is to maintain six (6) parking spaces on the property,
conforming with the requirements of the Salem Zoning Ordinance.
"he Board of Appear next considered the Variances for the construction of a two
unit addition. On the basis of the above findings o; fact, and on the evidence
resented at the hearing, the Board of Appeal concludes as follows:
erai enfor,ement c the provisions the •. rd_nance wouid not involve
--.ubatantia_ h::rachip to the petitioner;
. ,guested cannot eran[nn 'withouL .:.u_esLant,a. ^tr:ment to the
without _ ;1i ins _ _cc[?:a:v Ierc_a*..nc : rom the
--_ntent c: the district or the purpcce c: the -_rainance.
- erefcre. as to the construction oI' a two unit accit'_on, Che Zoning Board of Appeal
,noted 0-5, unanimously opposed to the granting of these variances. -hese variances
failinE to gain the four (4 ) affirmative votes, are thereby denied.
VARIANCES GRANTED FOR THIRD UNIT IN EXISTING BUILDING
VARIANCES DENIED FOR CONSTRUCTION OF TWO UNIT ADDITION
Ames M. FleffinE, 'Esq . , Jice�yTt airman
BE "H PURS'vAST TO SECTIDN OF THE b;;!S.
F:.ANNING BOARD AND THE CITY CLERK
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