14 HUBON STREET - ZBA 06/02/2010 PF
pONDITq� CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
9 r O SALEM, MASSACHUSETTS 01 970
TELEPHONE, 978-745-9595
1NE DDT FAX. 978-740-9846
KIMBERLEY DRISCOLL Wo JUN —2 p 2: 1-2
MAYOR
June 2, 2010
CITY Cf_t eri, f H.
Decision
Petition of COLLIAM, LLC/LUKE FABBRI requesting a Special Permit to alter
and extend an existing nonconforming structure by adding a 600 square foot
addition as a second floor over a portion of the existing roof on the property located
at 14 HUBON STREET (R-2).
A public hearing on the above petition was opened on May 19, 2010 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present:
Robin Stein, Rebecca Curran, Annie Harris, Elizabeth Debski, Rick Dionne, Bonnie
Belair (alternate) and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit under Section 33.3: Nonconforming Structures, of the
Salem Zoning Ordinance.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Luke Fabbri, the owner and petitioner, represented himself at the hearing.
2. In a petition date-stamped April 28, 2010, the petitioner requested to alter and
extend the existing non-conforming structure located at 14 Hubon Street by
building a 600 square foot addition as a second floor over a portion of the existing
flat roof.
3. At the hearing, Mr. Fabbri explained that the first floor of the building, which had
previously been used as an aluminum foundry, was in a condition unsuitable for
office work, in spite of extensive cleanup work. Mr. Fabbri stated that he
intended to continue using the first floor space for storage and light
manufacturing, and would use the upstairs addition as office space.
4. At the hearing, no members of the public commented on the petition.
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:
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1. The proposed extension of the existing non-conforming structure is not more
detrimental to the neighborhood than the current use, since the continued
improvement of the building would be a benefit to the neighborhood.
2. The petitioner may vary the terms of the Residential Two-Family Zoning
District to alter the structure as proposed, which is consistent with'the intent
and purpose of the City of Salem Zoning Ordinance.
3. 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 is granted to alter the existing non-conforming structure
by constructing the proposed second-floor addition as shown on the
submitted plans.
In consideration of the above, the Salem Board of Appeals voted five (5) in favor(Stein,
Curran, Harris, Dionne and Debski), none (0) opposed, to grant the 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. A Certificate of Inspection is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including,but not limited to, the Planning Board.
7. 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.
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Robin Stein, Chair
Salem Zoning 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 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 and 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.
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