38 HARBOR STREET - ZBA y> MAWL _
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i CITY OF SALEM
BOARD OF APPEALS
746.9595 EXT.381
Will hold a public hearing for
all persons interested in a petition
submitted by JACOB AKERS request- I
ing a Special Permit and Variance from I
parking and relief from density regula- t
tions to convert existing 2 unit into 3
unit multi-family by adding 2nd emer- z
gency egress for the property located F
at 38 HARBOR STREET R-3. Said I:
hearing will be held on WEDNESDAY, , ;
FEBRUARY 8,2006,6:30 P.M., 120 1
WASHINGTON STREET 3RD i
FLOOR,ROOM 313.
Nina Cohen,
Chairman
SN-1/27/06,2/2(06
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL LEM, MA
120 WASHINGTON STREET, 3RD FLOOR LCL'-_RK'S OFFICE
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9848 200h FEB 22 A 10: 24
ilGl.iSiV1N Ur I HE PETITION OF JACOB AKERS REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 38 HARBOR
STREET R-3
A hearing on this petition was held on February 8, 2006 with the following Board
Members present: Nina Cohen, Chairman,Bonnie Belair,Nicholas Helides,Richard
Dionne and Edward Moriarty. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening New in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit and Variance from parking and relief from
density regulations to convert existing 2 unit into 3 unit multi-family by adding 2nd
emergency egress for the property located at 38 Harbor Street located in an R-3 zone.
The provisions of the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is Section 5-3 0),which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permit for alterations and reconstruction of nonconforming
structures,and for changes,enlargement,extent expansion of nonconforming lots, land,
structures,and uses,provided,however,that such change extension,enlargement or
expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is,when reviewing Special Permit request may be
granted upon a finding by the Board that the grant of the Special Permit will promote the
public health,safety, convenience and welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
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.
DECISION OF THE PETITION OF JACOB AKERS REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 38 HARBOR
STREET R-3
page two
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
of the Ordinance.
The Board of Appeal,after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Petitioner Jacob Akers,owner of the property at 38 Harbor Street requested a
special permit to expand a nonconforming structure by adding an exterior stair at
the rear for emergency egress, and a variance from parking to enable him to
utilize third floor space as a third dwelling unit in the building.
2. On January 28,2004 this Board granted this petitioner relief from density
regulations to enable him to add a third unit in this building and also granted relief
from parking requirements.
3. Petitioner submitted a mortgage site plan dated November 13,2003 and a petition
signed by 20 neighbors in support of this request for a third unit and parking
variance at 38 Harbor Street.
On the basis of the above findings of fact, and on the evidence presented at the
hearing the Zoning Board of Appeal concluded as follows:
1. Special conditions do exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
4. The relief requested can granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the ordinance.
5. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
'r
DECISION OF THE PETITION OF JACOB AKERS REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 HARBOR
STREET R-3
page three
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested with the following conditions.
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.
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. A Certificate of Occupancy shall be obtained.
6. Unless this decision expressly provides otherwise, any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure (s)on the
property to an extent greater than 50%of the structure as measured by floor area
or replacement cost. If a structure on the property is demolished by any means to
an extent of more than fifty percent of its replacement cost or more than fifty
percent of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with is Ordinance.
Variance and Special Permit
Granted
February 8,2006
Nina Cohen, Chairman SCS J
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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
BOARD OF APPEAL eiryp 6F SAI, -:?
• 120 WASHINGTON STREET, 3RD FLOOR yLEM'S SAL
SALEM, MA 01970
TEL. (978) 745.9595
FAX (978) 740-9848
STANLEY J. USOVICZ, JR. .104 JAN 28 P 3: 01
MAYOR
DECISION OF THE PETITION OF JOSEPH AKERS REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3
A hearing on this petition was held January 21,2004 with the following Board Members
present: Nina Cohen, Stephen Harris, Richard Dionne, Nicholas Halides and Bonnie
Belair. 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.
Petitioner is requesting a Special Permit to extend existing 2 family to a 3 unit building
and a Variance from parking requirements for the property located at 38 Harbor Street
located in a R-3 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 Q), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent expansion of nonconforming lots, land,
structures, and uses, provided, however, that such change extension, enlargement or
expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests may be
granted upon a finding by the Board that the grant of the Special Permit will promote the
public health, safety, convenience and welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
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
of the Ordinance
DECISION OF THE PETITION OF JACOB AKERS REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. The Petitioner Jacob Akers appeared and represented himself at the hearing.
2. A petition was submitted with 20 names in favor of this petition.
3. Mr. Akers would like to expand his 2 family unit to a 3 family. Petitioner also
seeks Variance from the parking requirements.
4. There was no opposition.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or
the purpose of the ordinance
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions;
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 and
approved by the Building Inspector.
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. Petition shall obtain a Certificate of Occupancy shall be obtained.
r
ON OF JABOC AKERS
DECISION
VARIANCE FORT THE PROPERTY LOCATED ATO 8EPERMIT
OF THE HARBOR STREET R 3
page three
Special Permit & Variance Granted
January 21, 2004 r
�✓L6d
Stephen Harris
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
MORTGAGE INSPECTION PLAN
NORTHERN ASSOCIATES INC.
401 SOUTH BROADWAY LAWRENCE,MA 01843-3522 TEL:(978� 837-3335 FAX(978) 837-3336
MORTGAGOR, TODD L & AISHA JACES'ON DEED REF 20488/181
LOCATION. 38 HARBOR ST PLAN REF. 2339 463
CITY,STATE.- SALEM, MA SCALE: r-10'
DATE: 11/12/03 JOB J: 203114075
32.27'
,LOT B 1780' sf
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HARBOR STREET
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Owner : JKcodA s
Resident Petition for Alteration from 2-unit to 3-unit A 38 Harbor St
This petition, configured by Jacob D.Akers (owner of 38 Harbor Street), is for a
variance from parking and structural use of the 38 Harbor Street property. The
variances will allow for a legal 2-unit to become a legal 3-unit. The hearing for
approval/disapproval will be on Wednesday February 8, 2006 at the Salem Building
Department conference room. We, the undersign, as residents on Harbor Street
APPROVE of the change from a 2-unit to 3-unit.
Re ' / en. rt ! wners Street Address
38 4kty1polz Ap�. Z
117 Ild3
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Petition for P Unit Apartment at 38 Harbor St
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Thfs;petition, configured by Jacob David Akersowner
( ), is for a variance
frim�arking and structural use of the 38 Harbor Street property. The
hearing for approval/disproval will be on January 21 s`, 2004 at Salem City
Hall::We. the undersign, confirm our approval for a legal third unit on the
`stated'property.
'den 'enants Address
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Petition for 3rd Unit Apartment at 38 Harbor St.
This petition, configured by Jacob David Akers (owner), is for a variance
from parking and structural use of the 38 Harbor Street property. The
hearing for approval/disproval will be on January 21', 2004 at Salem City
Hall. We, the undersign, confirm our approval for a legal third unit on the
stated property.
Residents/Tenants Address
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