5 PHELPS STREET - ZBA 5 PHELPS STREET
MAUREEN CAVANAUGH
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C- CITY OF SALEM
s BOARD OF APPEAL
,r 745-9595 EXT.381
& Will hold a public hearing for all
'n persons.interested in the petition sub-. 1
Y , mrtted by Maureen Cavanaugh .
e requesting a Special Permit to con.
vert a 2 family dwelling to a 3 fami-
ly for the properly located at 5
Phelps]? Street R-2. Said hearing to
be held Wednesday,April 19,2000 at -
8:30 P.M., One Salem Green, 2nd
Floor.
Nina Cohen
Chairman
(4/5,12)
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DECISION ON THE PETITION OF MAUREEN CAVANAUGH REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 PHELPS STREET R-2
A hearing on this petition was held on May 17, 2000 with the following Board Members
present: Richard Dionne, Ronald Harrison, Stephen Buczko, Stephen Harris 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 is requesting a Special Permit to convert a 2 family dwelling into a three family
for the property located at 5 Phelps Street located in an R-2 Zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 Q), 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, extension or 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 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 Board of Appeal, after careful consideration of the evidence presented at the
hearing and after reviewing the plans, makes the following findings of fact:
1. The petitioner, Maureen Cavanaugh, is the owner of the property located at 5 Phelps
Street.
2. The petitioner seeks a special permit to convert a two-family dwelling to a three-
family dwelling.
3. The petitioner purchased the property in May 1999, and has since remodeled the top
floor. The petitioner seeks to make available a third rental unit, which would be a
one-bedroom apartment on the third floor.
4. No additional construction is planned.
1
DECSION OF THE PETITION OF MAUREEN CAVANAUGH REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 PHELPS STREET R-2
page two
5. The petitioner presented the board with a parking plan that allowed for on-site
parking of five vehicles.
6. Petitioners in support of the requested special permit were signed by Susan O'Leary,
45 Broad Street, Patricia Draganosky, 6 Phelps Street; Deide Wyman, 2 Hathorne
Place; Chester M. Whalen, 4 Hathorne Place; Frank Rizzotti, 47 Broad Street;
William Scikey, 7 Phelps Street; and George and Josephine Cawley of 4 Phelps
Street.
7. Elaine McCormack, 45 R Broad Street, submitted a letter in support of the request.
8. John J.and Mabel E. Latoszek, 8 Phelps Street and Lindsay J. Morsillo, 53 Broad
Street presented opposition to the requested special permit. Elements of the
Latoszek's opposition included a problem with parking on Phelps Street, the fact that
Phelps Street is narrow and congested and additional vehicles associated with an
additional rental property wold exacerbate the existing problem, and a concern
regarding the ability of Fire Trucks to travel the street. Mr. Morsillo indicated that
allowing the conversion from a two family to a three family would set a bad
precedent, and that the area is already very densely populated.
9. Gale Flynn, 1 Vale Street, Donna Callahan, 8 Stearns Place and Joan Lovely, Ward
3 Councillor also voiced opposition to the requested special permit.
10. John J. Latoszek presented the Board with a petition of opposition signed by 27
neighbors and residents.
On the basis of the above findings of fact, and on the evidence presented, the Board of
Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will not be in harmony with the
Neighborhood and will not promote the public health, safety, convenience and
Welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted 2 in favor and 3 in opposition to the motion
to grant the relief requested. Having failed to garner the four affirmative votes required
to pass, the motion to grant fails and the petition for a Special Permit is denied.
Special Permit Denied
May 17, 2000
Stephen Buczko, Member
Board of Appeal
DECISION OF THE PETITION OF MAUREEN CAVANAUGH REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 PHELPS STREET R-2
page three
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 20 days after the date of filing of this decision in the office of
the City Clerk. Pursuant to MGL 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 the City Clerk that 20 days have elapses 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
PETITIONER DATE OF HEARING
LOCATION
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AM-CND WITHDRAW RE-HEAR CONTINU
NINA V. COHEN—
Stephen Harris r/
RONALD HARRISON LZ
STEPHEN BUCZKO
RICHARD DIONNE
ASSOCIATE MEMBERS
PAUL VALASKATGIS
CONDITIONS:
C'9c, l
May 17, 2000
My name is Elaine McCormack. I live at Rear 45 Broad Street, Salem,Massachusetts.
The front of my house is adjacent to Maureen Cavanaugh's side yard. I've lived there
for over 30 years.
I was at the meeting last month and I did want to speak on her behalf. I'm unable to
attend this meeting but I would like my support of Maureen to be known to this Appeals
Board.
Maureen moved in last July. Since Maureen moved in she has been a very
considerate neighbor. For example, the previous owner allowed 2 bushes to grow 8
feet high blocking my light and view. I casually mentioned this to her. A few weeks
later, with no more word, she had them removed. When she wanted to expand her
parking area, she asked if it would bother me and my view and, of course, I said "No".
She is just very considerate of being a good neighbor.
As her neighbor I see no problem with her turning her 2 family into a 3 family. I hope
you will grant her the variance.
Thank you in advance for your consideration.
Sincerely,
Elaine S. McCormack
, hereas tha i-ii nttin it (eyels in the Phelps SUVale £,Stearn Place (3 ad S}
neighborhood cause the streets to be congested;
And whereas: the current parking needs For the neighborhood equa.l or exceed
the available spaces;
And whereas: the introduction of additional residents into the neighborhood
,would place an undue burden on the existing traffic and parking conditions, restricting
the access of public safety vehicles into the neighborhood'.
I am opposed to the application to re2one S Phelps Street to a 3-family
residence.
Respectfully,
NAME ADDRESS
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CITY OF SALEM
DEPARTMENT OF PUBLIC SERVICES
REQUEST FOR CURB CUT
DATE OF REQUEST:
REQUESTED BY: PHONE:
ppLOCATION (as specifi as possible):
LENGTH OF CUT: ,.49 /0' /
COST PER FOOT: /$8.00 / /
INVOICE TO: / /¢f/�FrA/ l i�i/A�j(�¢a"_L/
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) FOR OFFICE USE ONLY
17//5 /79APPROVED BY: BLDG. INSPECTOR
DEPT. OF PUBLIC SERVICES
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NOT APPROVED: EPT. /
EXPLANATION: � �4 'teA2�
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DATE OF INVOICE: (�
PAYMENT RECEIVED: _
MAP: 25 1-07:313 MAP: 2.5 Loi"301,
3-2 BROAD STRe 6T NAWTHoRNE aLAcE
JANET M. MCDOWELL WHALtN rAMl -y TROT
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ELAINE PAPPAGEOR6,E• Lo7:31(� MgP:2.5 t_oTr317
7 PNELPS STREET
WILLIAM RSZIKAIE`/
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P.HELP -S STREET
`HOFre4ES40 PLOT PLAN OF LAND .
LOCATED IN
Z GAIL ✓�' S A L E M
REFERENCE o SMITH
PREPARED FOR
DEED ; REC. BK. t5 Io 9s PG. I? A/ n
PLAN : ` FFG/ST�,n-� � MAOREEAI CAVANAU6N
�'949L Lr��� SCALE 1*=Zv' MRV 10 2000
I CERTIFY THAT THE BUILDING(S) r
HEREON ARE LOCATED ON THE GROUND
AS SHONN. NORTH SNORE SURVEYCORPORATION
S f0 0� 47 LINDEN STREET.- SALEM,MA.
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of �Bzilrm, �ssiz> lTusriis
Boara of .u}rPal
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We the undersigned de hereby waive ail right= with regard to time
requirements for the %oning Board of Appeal -elative to hearina
the following application:
Property Location
Original Meeting date
New Meeting date C�o
Signature of Petitioner and/or his/her Representative:
4 �
DATE OF HEARING �14
PETITIONER
LOCATION
MOTION: TO GRANT SECOND AMENDiIENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
I
WITHDRAW SECOND
CONTINUE SECOND
I
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA V. COHEN—
Stephen Harr /
RONALD HARRISON
STEPHEN BUCZKO
RICHARD DIONNE
ASSOCIATE MEMBERS
PAUL VALASKATGIS / \
CONDITIONS:
APPEAL CASE NO. . . . . . . . . . . .
3 � s �If�T Df ��zlPm, �.�c'1£�FIL�1lI�Pff$
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PIIISIh If{ rAnF1'zd
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of lanc
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located at: . .r . . . . . . .Street; Zoning District. . . . .
and said parcel is affected by Section(s). . . . . . . . . . . . . . . . . . . . . . of the Hassachusett_
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the followi
reason(s) :
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By—Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogate
from the intent and purpose of the Zoning Ordinance and Building Code for the folio,
iug reasons:
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l µc Owner. deEiv. . . . . . . . . . .
Address. .
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Telephone. 9.T. . .�h`5'33?.'?��. . . . . .
Petitioner. . . . . . . . . . . . . . . . . . .. . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dace. . . . . . . . . . . . . . . . . . . . . . Telep e. . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of App,
with a check, for advertising in the amount of $. . . . . . . . . . . . . four weeks prior to
meeting of the Board of Appeal, Check payable to the Salem Evening News.
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