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CITY OF SALEM, MASSACHUSETTS
yWSy BOARD OF APPEAL
1}";% 120 WASHINGTON STREET SALEM,MASSACHUSETTS 01970
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TELE:978-619-5685 FAx:978-740-0404
KimBERLEYDiuscoLL VD-
MAYOR
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February 1, 2012 ��
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Decision r D
City of Salem Zoning Board of Appeals s S3
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Petition of TARA KAWCZYNSKI requesting a Special Permit under Sec. 3.3.5 of the Salem Zoning
Ordinance to construct a second story on the single-family house at 27 Y22 FOSTER ST(R2).
A public hearing on the above Petition was opened on November 16, 2011 pursuant to Mass General
Law Ch. 40A, § 11. The hearing was continued to January 18, 2012 and closed on that date with the
following Zoning Board of Appeals members present: Annie Harris (acting as chair), Richard Dionne,
Jamie Metsch, Jimmy Tsitsinos and Bonnie Belair. '
Petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Attorney Scott Grover represented the petitioner at the hearing.
2. In a petition date-stamped October 26, 2011, petitioner requested a Special Permit under
Section 3.3.5 of the Salem Zoning Ordinance to allow expansion of the existing, nonconforming
single-family house on the property located at 27 Y2 Foster Street, by adding a second story.
3. On January 18, 2012, prior to the continued hearing, a site visit was held at 27 Y2 Foster Street in
order to allow Board members to view the property.
4. At the hearing on November 16, 2011, and January 18, 2012, Attorney Laura Callahan spoke on
behalf of John Pelosi, 2 Walter Street, in opposition to the petition, citing concerns that the
addition would restrict light and air flow to her client's house, cause mold because of additional
shading, increase snow falling from the petitioner's roof onto his property, and block his water
views.
5. At the hearing on January 18, 2012, David Sirois, 24 Foster Street, spoke in support of the
project, discussing the improvements the petitioner was making to her property and their
benefits to the neighborhood.
2
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. Desirable relief may be granted, since the project would not be
substantially more detrimental than the existing nonconforming
structure to the neighborhood. The Board, upon observation of
photographs and a visit to the property, determines that the project
would not block the water and park views from 2 Walter Street. The
Board also determines that the enlargement of the house would not
create an inconsistency with the other houses in the neighborhood.
2. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public
hearing including, but not limited to, the Plans, Documents and testimony, the Zoning
Board of Appeals concludes:
1. A Special Permit under Section 3.3.5 is granted to the construct the
second-floor addition to the property as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor
(Harris, Metsch, Dionne, and Tsitsinos, Belair abstaining) and none (0) opposed, to grant
petitioner's request for a Special Permit subject to the following terms, conditions, and
safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
2. All construction shall be done as per the plans and dimensions submitted
to and approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Inspection is to be obtained.
3
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
8. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or
reconstruct the structure(s) located on the subject property to an extent
of more than fifty percent (50%) of its floor area or more than fifty
percent (50%) of its replacement cost at the time of destruction. If the
structure is demolished by any means to an extent of more than fifty
percent (50%) of its replacement cost or more than fifty percent (50%) of
its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance
Annie Harris,
Salem Board of Appeals
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 of filing of
this decision in the office of the City Clerk. Pursuant to the 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 certificate of the City Clerk has been filed
with the Essex South Registry of Deeds.
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REGISTERED LAND SURVEYORS NAME TARA H. KAWCZYNSKI bQtl
75HAMMOND
STREET WORCESTER, A01610-1OOR 2
723 LOCATION 27 1 /2 FOSTER STREET
PHONE: 508-752-8885 �O
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