271 JEFFERSON AVENUE - ZBA (2) 271 JEFFERSON AVENUE (B-1) I
NIKOLAOS KARAMBELOS it
r
0
J
k�
T
M
iJFP
(situ ofttl£m, c785cIt�TUSPt#s .Z op
309 �nnra of A enl <c:
_
!�
DECISION ON THE PETITION OF KICOLAOS KARAMB'ELAS REQUESTING .,
VARIANCE FOR THE PROPERTY LOCATED AT 271 JEFFERSON AVENUE (B-1 )
A hearing on this petition was held September 20, 1995 with the
following Board Members present: Stephen Touchette, Chairman; Gary
Barrett, Nina Cohen, Albert Hill and Associate Members 2oseph Ywuc
and Arthur LaBrecque. 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, owner of the property, located at 271 Jefferson Avenue,
is requesting a Variance to non conforming structure to add two, five
room apartments.
The Variance which has 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 purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing, makes the following findings of facts:
1. Petitioner's property consists of a three story house containing
two residential apartments and a retail store of over 3,000 sq.
ft. of unimproved land with frontage on Lawrence Street.
2. Petitioner seeks to enlarge his property by adding an additional
story, and two additional apartment units, without changing the
footprint of the existing structure. Petitioner proposed to pave
the rear lot to provide parking spaces for each of the
residential units in the building.
3. John Donahue, City Councillor for Ward 3 appeared and stated his
opposition to the proposed variance, stating that the increased
density would adversely affect the neighboring properties and
would worsen the congestion of a densely populated area.
4. A letter from abutter Paul Biscaia was submitted by his mother,
describing the effect the proposed addition would have on the
privacy and the sunlight of the adjacent home at 267 Jefferson
Avenue. He and his mother opposed the granting of the variance.
'HE
ARIANCE FOR THE ?30PE?TY ---'CATED .=,T '1 JEFFERSON AVENUE 3-1
;age two
:pposzt_on to the croposed addition was also voiced ty the
following neighbors, cn the grounds that the additionai units
;ouid increase t':e ccngest,cn, noise, and parking problems
already present :n the neighborhood.
George 6 Judv letter 272 Jefferson Avenue
Denise Bradstreet 263 Jefferson Avenue
Celia Yerminy 264 Jefferson Avenue
Kenneth Gagnon 75 112 Lawrence Street
On the basic of the aoove findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the
subject property and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance
would not involve substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted unanimously, 0-5 in opposition
to the motion to grant the Variance, having failed to garner the
required votes to pass, the motion is defeated and the petition is
denied.
Variance Denied
September 20, 1995
Nina Cohen
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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 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 owners Certificate of Title.
c� cn
?K
N} N
�- O
2 0
V) Cd
N t,ri
To be read at the public hearing Wednesday September 20,11995.
Dear Mr. Touchette,
I am the legal property owner of 267 Jefferson Ave I sincerely regret that I am unable to attend to voice my
opposition of this variance
My family would be more than inconvenienced by allowing this variance. My back yard is exactly FIVE feet
away from the foundation Mr. Karambelos plans to enlarge. This space is so tight that I could not walk it
with my arms stretched out. At times it is cluttered with trash from Armstrong Animals, a current tenant of
271 Jefferson Ave. The photographs I have enclosed show the dents and dings in the siding of my home
from cars parked in the driveway of 271 Jefferson Ave. They also show how close these two buildings are.
This is not New York City,Nor should it become. Jefferson Ave is cluttered enough with parked cars from
people shopping at Armstrong Animals in addition to those who live here.
Over the past few years, and as recently as three months ago, I have had occasion to call the police and dog
officer because of the noise from dogs barking out the windows. The barking has continued as late as 2:00
am. When the tenants at 271 Jefferson arrive home at night,I'm the first to know about it,because they
when they walk up driveway they are right outside my bedroom window. I have had occasion to voice my
concerns over fire safety from the trash, construction materials and pet waste piled on the ground or leaning
against my home. Two years back,I looked out my bedroom window and saw a dead cat in a pile of ruble
Upon speaking with Jim Armstrong from Armstrong Animals,it was promptly removed.
My family and I have lived here for 25 years. I attended St. Anne's school when it was opened and still walk
there every year to vote.We take great pride in our modest grassy backyard with a good size garden that
feeds us. The sunlight in my yard is already blocked in the mid to late afternoon by 271 Jefferson Ave.
Allowing that structure to double in height would leave my yard,the yard abutting mine and all of the
bedrooms in my home dark
Our right to privacy would be irreversibly changed. A four story structure would overlook my backyard
where my family gathers in the summer. I could not buy a high enough fence to keep wandering eyes out.
My Family and my tenants would hesitate to open our bedroom windows.
My father is 66 years old and living at home with the care of Hospice He is bed ridden and terminally ill
with cancer. All of bedrooms in our three family home face 271 Jefferson Ave. His is no exception. The
noise around us is a burden to our family. We have all witnessed the increase in police responding to
domestic arguments and excessive noise from"revamped"apartment houses just a block down the street.
We do not favor any increase in housing, especially 5 feet away.
Over the years I have seen property values in Salem decrease. Allowing this variance would lower the value
of my home and those around me. I do not want an absentee landlord filled four story apartment slash retail
building next door. I have tolerated the noise and congestion of my neighbor at 271 Jefferson Ave in the
past,but I WILL NOT let the current situation worsen. The City of Salem must block this Variance.
Sincerely,
ClBrscara