22 HERBERT STREET - ZBA 22 HERBERT STREET R-2
PHILIP CRAWFORD
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Will hold ing for allmtteds by PHILIPted in CAWFORD
i requesting a Variance to enlarge sec.
E end floor and add third floor space,
1 Variance on width to allow vehicle
parking, Variance on rear setback&
Special Permit to allow a home occupa.
tion(5.31)for the property located at
22 HERBERT STREET (R-2). Said
hearing to be held WEDNESDAY,
JULY 15, 1998 AT 6:30 P.M., ONE
SALEM GREEN,2nd floor.
(7/1,8/98) Nina Cohen,Chairman
011fv of "'5512m, 'fflttssadjuseffs
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'oQ Pnarb of c pA"ral JUL 13 141 PH '98
CITY 0(' Sg1FM. MASS
CICRK'S OFFICE
DECISION ON THE PETITION OF PHILLIP & CHRIS CRAWFORD FOR A VARIANCE AND
SPECIAL PERMIT AT 22 HERBERT STREET (R-2)
A hearing on this petition was held July 15, 1998 with the following Board
Members present: Nina Cohen, Chairman, Michael Ward, Stephen Buczko,
Richard Dionne and Paul Valaskagis. 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 requests a Variance to enlarge second floor and add third floor
space, Variance on width to allow vehicle parking, Variance on rear setback
and a Special Permit to allow a home office for the property located 22
Herbert Street.
The province the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3 (j ) , 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 neighbor
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a 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.
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DECISION OF PHILLIP & CHRIS CRAWFORD REQUESTING A VARIANCE AND SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 22 HERBERT STREET R-2
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 the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the plans, makes the following findings of fact:
1. Petitioners, represented by Attorney Joseph Correnti, Esq. , outlined a
planned project to renovate a two story residence at 22 Herbert Street,
adding a third floor.
2. The existing residence is nonconforming. Petitioners requested
variances to allow an addition to the first floor, to enlarge the
second floor and add third floor space, and variances from rear setback
and driveway width requirements.
3. Petitioners further requested a Special Permit to allow a home office.
4. A letter from Councillor Paskowski was submitted in favor of this
petition.
5. A petition with ten (10) names was also submitted in favor of this
petition.
6 . Joseph Wioncek of 23 Herbert Street appeared and questioned the matter
of a home office to the proposed project. He was satisfied with the
answers to his questions.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especial},v 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:
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DECISION OF THE PETITION OF PHILLIP & CHRIS CRAWFORD REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 HERBERT STREET r-2
page three
1. Petitioner shall comply with all city and state statutes, codes
ordinances 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 Dept. relative to smoke and fire
safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. Petitioner shall obtain a building permit prior to starting
construction.
6. Exterior finishes of he new construction shall be in harmony with the
existing structure.
Variance and Special Permit Granted
July 15, 1998
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
MGL Chapter 40A, and shall be filed within H days after the date of filing
of this decision in the office of the Citv Clerk. Pursuant to NGL 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. h i
Board of Appeal 7`
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PETITION
We the undersigned hereby support the application of Philip and
Chris Crawford for variances and a special permit to allow the
rehabilitation and reconstruction of the house located at 22
Herbert Street. Presently, the house is in deplorable condition
and is an eyesore as well as a danger to the neighborhood. We
wish to be recorded in favor and in support of the Crawford's
Petition and urge the Board to grant the requested relief.
NAME ADDRESS
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Councillor Peter Paskowski July 10, 1998
92 Derby Street Tel# (97o ON 744-13.`53
Salem, MA 01970
Zoning Board of Appeals,
c/o Ms. Nina Cohen, Chairperson,
93 Washington Street,
Salem, MA 01970
Dear Ms. Cohen,
I am writing in regard to the appeal of Phillip Crawford for variances on
property located at 22 Herbert Street. I believe that it would be in the best
interests of the neighborhood for the board to grant the necessary variances
for this project.
The property has long been a matter of concern to the residents of Herbert
and Union Streets. Mr. Crawford has informed the neighbors and me of his
intentions and we look forward to the improvement.
Sincerely,
Peter Paskowski
Councillor Ward One - Salem