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CITY OF SALEM
BOARb OF APPEAL +
745.9595 Ext 381
Will hold a public hearing for all
Persons interested in the petition sub-
miffed by CHOREVO PROPERTIES,
LLC requesting a Variance to allow
a second curb cut and a Variance
to alter existing non-conforming use to
allow two dormers to be constructed
for the property located at 12 HARDY
STREET R-2.Said hearing will be held
on WEDNESDAY,JANUARY 19,2005
at 6:30 P.M., 120 WASHINGTON
STREET,3RD FLOOR,ROOM 313.
Nina Cohen
Chairman
(1/5, 12)
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CITY OF SALEM9 MASSACHUSETTS "C. 1 ' 'F ALErt MA
CL i;K'S OFFICE
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 JAN 2b A 10: 51
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF CHOREVO PROPERTIES, LLC REQUESTING A
SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 12
HARDY STREET R-2
A hearing on this petition was held on January 19,2005 with the following Board
- — Members-present:-Nina-Cohen,Chairman,Richard Dionne, Steven Pinto,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 to alter an existing non-conforming structure and
a Variance to allow two dormers to be constructed on a on a new third floor for the
property located at 12 Hardy Street R-2
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 CHOREVO PROPERTIES, LLC REQUESTING A
SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 12
HARDY STREET R-2
page two
C. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating ngfrom
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, Chorevo Properties, LLC and Phillip Gouzoule, seeks a Special Permit
and Variance from the Board of Appeal to allow him to construct dormers on both
sides of the roof of the property at 12 Hardy Street.
2. Petitioner's requests a Variance from the number of stories allowed as of right in
an R-2 Zoning District along with a Special Permit to alter an existing non-
conforming structure by constructing two dormers on the third floor.
3. The Variance is necessary because of the Zoning definition of a half-story, vs.
Petitioner's intent to create a new, full third-story on the premises.
4. Petitioner offered evidence that said full third-story will provide more living
space on the third floor. Presently,the headroom on the existing structure on the
2 Y2 story is inadequate, dark and uncomfortable,and does not promote the fiill
and free use of available living space with adequate headroom.
5. Petitioner represented that the two(2)dormers on the third floor, as redesigned
and submitted at the hearing,will not create any problems for direct abutters by
either blocking direct abutters' view, or by creating inappropriate cross-views
between the new proposed third floor and existing abutters' windows. In fact,the
plans were modified to prevent direct cross-views between direct abutters and
occupants of the dormers.
6. Petitioner further represented that the existing height of the building would not
change insofar as the dormers will be built into the existing roofline on both sides
of the existing structure, and would not meet and/or exceed the height of the
peaks of the roofline of the existing structure on either side.
DECISION OF THE PETITION OF CHOREVO PROPERTIES, LLC, REQUESTING
A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 12
HARDY STREET R-2
page three
7. Petitioner further represented that the existing non-conforming structure is a two-
family home permitted as of right in this R-2 Zoning District,and that the two (2)
dormers proposed would simply provide increased living space for the second
- unit, without.altering-the-use-of the premises as a two-family structure.-- -
S. Petitioner also represented that he envisioned substantial attractive and
appropriate renovations to the interior and exterior of the existing two-family
structure,with the ultimate intention to market the two-family structure as two
separate condominiums,with the first floor condominium being the smaller of the
two condominiums, and with the second and proposed third floor being the
second and larger condominium unit.
9. No neighbor spoke in opposition to the proposed dormers, or change in the non-
conforming structure from a 2 %:story to a 3 story structure.
10.Although abutting neighbor,Ms. Jennifer Lebzelter, of 12 Bentley Street,
expressed concerns about the windows and/or style of the dormers,which she
suggested should be more consistent with this circa 1930 Federal Style structure.
11. A petition was signed by three neighbors in favor of said petition and project.
Said neighborhood petition is a part of the Board file and record of these
proceedings.
On the basis of the above findings of fact, and on the evidence presented at the
hearing the Zoning Board of Appeal concludes 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.
i
DECISION OF THE PETITION OF CHOREVO PROPERTIES, LLC,REQUESTING
SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 12
HARDY STREET
page four
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 purposeofthe ordinance.---
5.
rdinance.---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.
Therefore,the Zoning Board of Appeal voted,4 in favor and 0 in opposition to grant the
relief requested with the following conditions.
I. 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 is to be obtained.
6. Petitioner shall receive input from the Design Review Board and/or Historic
Salem.
SPECIAL PERMIT&VARIANCE
GRANTED JANUARY 19,2005
��Ivvard'M-oriaity�G%�/G�
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 theCityClerk 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
We, the undersigned, have reviewed the plans for constructing two
dormers, and for allowing a second curb cut. at #12 Hardy St.,
Salem, MA. We have no objections to these plans.
J, e
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January 18, 2004
Attention: Nina Cohen
Board of Appeals
Salem, MA 01970
Dear Board of Appeals:
I am writing against the proposed variance at 10 Hardy Street. The original single-family
house, which was built in the 1830's, already has a two-car garage with a curb cut.
Adding an additional curb cut will eliminate another yard in the downtown, only to create
more parking in a neighborhood with existing resident parking.
I assume the developer plans to convert the previously owner-occupied home with a
rental unit, into condominiums. However, creating additional parking will not enhance
the neighborhood or the value of the condos. It will create an eyesore and replace a green
space and planted yard with a potential street.
My family has lived in the Hardy Street area for 15 years and resides directly across from
the proposed parking space(s). The historic City of Salem has enough pavement and
development. Please reject this request for a code variance.
Thank you,
Jennifer Lebzelter
12 Bentley Street
Salem, MA, 01970
(978) 745-2147
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REVISIONS DATE
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Scale: 114"=1 1-011
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FILE: 03/PHIL/EX-1
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REVISIONS DATE
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Seale: 114'=11-00
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FILE: 03/PHIL,/EX-1
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