23 JACKSON STREET - ZBA (2) 2 3 `So�cl�Sov� 5-�-��e-�
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CrrY OF SALEM
at to a BOARD OF APPEAL
795.9595 EXT.381
Lint; Will hold a public hearing for all
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persons interested in the petition sub-,
ke mitted by Wayne & Liz Malionik
1 requesting a Variance for relief from
and rear yard setback to construct an
addition for property located at 23
!ted Jackson Street.Said hearing to be
nm- held Wednesday, May 16, 2001 at
F 6:30 P.M., One Salem Green,2nd _
to a Moor.
Nina Cohen
e Chairman
Ithe (5/2,9)
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CITY OF
of "itttem, �ttssndjusetts ��ERK SaFF cE A
4 �Ruttra of �Vpeal
1001 MAY 2q P
DECISION OF THE PETITION OF WAYNE &LIZ MALIONEK REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 23 JACKSON STREET R-2
A hearing on this petition was held May 16, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko and Stephen Harris.
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.
The petitioner is requesting a Variance from rear yard setback to construct an addition
that will be 17' from rear yard of the property located at 23 Jackson Street located in an
R-2 zone.
The Variances, which have been requested,upon a finding 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,
and structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of the
purpose of the Ordinance
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plans,makes the following findings of fact:
1. Petitioner is requesting a variance from rear setback requirement. The required
setback is 30 ft. and the petitioner after building the proposed addition would have
only 17 ft. to the rear yard setback.
2. Petitioners represented themselves at the hearing and presented plans showing the
addition.
3. There was no opposition to the petition.
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
C/r y OF
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DECISION OF THE PETITION OF WAYNE &LIZ MALIONEK REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 23 JACKSON STREET R-2
page two
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, 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 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 Occupancy must be obtained.
Variance Granted
May 16, 2001 — " r� �°✓LLCA SSC rte)
Stephen Harris
Board of Appeal
DECISION OF THE PETITION WAYNE & LIZ MALIONEK REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED 23 JACKSON STREET R-2
page four
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
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 is 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
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Salem Board Of Appeals May 1, 2001
One Salem Green
Salem, Massachusetts 01970
RE: 271 Jefferson Avenue Residential Housing
Dear Salem Board of Appeals:
I am the owner of a two family dwelling on 2 Arthur Street and an abutter of
the property owner proposing to add three dwelling units to the property at
271 Jefferson Avenue. I would ask the Board to support the petitioner's
request to change the use of the property from commercial to residential. As
a lifelong resident and longtime property owner of the Castle Hill section of
Salem I remember the location as Fontaine's Market. Now all of the
businesses that thrived in the old days are all gone. Currently traffic in this
area is very heavy and commercial activity is not best suited for the
neighborhood. As you are aware the building is quite old but very spacious
and can easily support more than the three units requested. My property
value will be enhanced as well as all the other property in the neighborhood
with the elimination of the commercial use and the addition of much needed
residential housing. Unlike nearly all the properties in the area the petitioner
has parking for all the units on the property. I hope that you will approve
this petition, as it will greatly improve the neighborhood.
Sincerely
Daniel LeBlanc
A Letter to the Salem Board OfAppeals
Dear Sirs
My name is Dean Boucher and I am the owner of the house on 13
Arthur Street. I received notice of this meeting by mail. I am
unable to attend your meeting. Ihave been involved working in
the neighborhood with trying to get the City to make Arthur
Street a one way for safety's sake. Prior to the closing of the Pet
Store a few years ago the intersection ofArthur Street and
Jefferson Avenue was even more of disaster than it is now.
Parking for the business took all the parking spaces (and many
driveways)on Jefferson Avenue and the spillover ofparkingBlled
up Arthur Street especially on the weekends.
As the father of two young children I would ask that you not allow
a business to operate on that property. It would be too dangerous
withal] the coming and going. By allowing the owner to put
residential units in that space it would greatly ease any parking
and traffic problems at that location. There is a parkinglotin the
rear that was never used when the Pet Store was open.
Residential use is a far better use for the property as far as the
neighbors are concerned than any business.
Mr. Dean Boucher
Salem Board Of Appeals
One Salem Green
Salem, Massachusetts 01970
Dear Board Members:
As a owner and direct abutter to the rear of the property at 271 Jefferson
Avenue living at 74 Lawrence Street I would like to express my opinion to
you on the proposal to put residential housing in the commercial storefront
on the property at 271 Jefferson Avenue. I am absolutely in favor.
Anything that eliminates commercial use of the property is better for the
neighborhood. When the current owner Nick Karambelas bought the
property it was a real mess. It was formerly a pet store and you could smell
it. When Nick bought the building 6 or 7 years ago he asked all the
neighbors what he could do improve the property. We asked him not to
continue the commercial use of the property and suggested that he convert
it to residential use. We would like to preserve our neighborhood here on
Lawrence Street. I can vouch for he fact that he is a man of his word. The
property is clean unlike the past and he has spent a great deal of money to
improve the property a great deal. There has been talk of a Drycleaner or a
Laundromat going in there I would not like to see that happen. Please
consider the benefit that housing would have over the current potential
commercial uses for our neighborhood. He also has plenty of parking that
many other residents don't have.
Thank You
William S. Bailey,
74 Lawrence Street