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Legal Notice
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CITY OF SALEM
BOARD OF APPEAL
978-745.9595,Ext.361
Will hold a public hearing for all
persons interested in the petition
submitted by KATHY GALLAGHER
requesting a Variance under Section
9-5 to allow third dwelling unit to be
constructed and used within third-
floor of existing 2 family dwelling for
the property located at 69 School
Street R-2.Said hearing will be held on
Wednesday, December 14, 2005,
6:30 p.m., 120 Washington Street,
3rd floor,Room 313.
Nina Cohen,Chairman
(12/1,7)
CITY OF SALEM, MASSACHUSETTY OF $ ;L
ERK,S OFFICLM E A�
BOARD OF APPEAL �
9a_ 120 WASHINGTON STREET, 3RD FLOOR
^�MNS SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 1006 JAN 20 q q 41
FAX: 978-740-9846
DECISION OF THE PETITION OF KATHY GALLAGHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 69 SCHOOL STREET R-2
A hearing of this petition was held on January 18, 2006 with the following Board
Members present: Nina Cohen, Chairman, Bonnie BeWr, Richard Dionne,Nicholas
Helides and Edward Moriarty. Notice of this 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.
The petitioner is requesting a Variance under Section 9-5 to allow third dwelling unit to
be constructed and used within third floor of existing 2 family dwelling for the property
located at 69 School Street located in an R-2 zone.
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
and after viewing the plans, makes the following findings of fact:
1. Attorney William Quinn representing the petitioner presented the background and
circumstances of the petitioner. He also reviewed the proposed parking plan.
2. A letter from City Councillor Paul Prevey of Ward 6 was received and read into
the minutes in support of the petition.
3. The hardship identified was a basis of economics.
4. Zoning Board Members, Ed Moriarty,Nina Cohen and Nick Helides voiced their
opposition to this petition.
� I
Y
DECISION OF THE PETITION OF KATHY GALLAGHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 69 SCHOOL STREET R-2
page two
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 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 result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to gamer the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance Denied i//�(�lJ "
January 18, 2006
Nicholas Helides
Board of Appeal C1
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING F D
BOARD AND THE CITY CLERK — Q�
Appeal from this decision,if any, shall be made pursuant to Section 17 of the 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 of 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 passed 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 Certificate of
Title.
Board of Appeal
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COUNCILLORS-AT-LARGE JEAN M. PELLETIER WARD COUNCILLORS
PRESIDENT
2006 2006
MICHAEL BENCAL CHERYL A. LAPOINTE LUCY CORCHADO
THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C.SARGENT III LEONARD F. C LEARY
January 13, 2006 MATTHEW A. VENO
PAUL C. PREVEY
Salem Zoning Board of Appeals JOSEPH A.O'KEEFE, SR.
City Hall Annex
120 Washington Street
Salem, Massachusetts 01970
Re: 69 School Street
Dear Board Members:
I am submitting this letter on behalf of Kathy Gallagher of 69 School Street,Salem,MA,as
pertains to her petition pending before you. I have spoken at length with Ms. Gallagher about her
request to convert her attic into a rental unit.
Ms.Gallagher received the support from neighbors and abutters and,to my knowledge,none
of these abutters are in opposition to it. She presents as a stable individual who works hard to
ensure her bills are paid, including her taxes. Permitting her to convert her attic into a rental unit
would assist her in alleviating some of her debt and financial obligations. She also indicated that
she intends to remain as a life long occupant and owner of her residence and I believe she would be
a responsible landlord to any tenant in that unit.
Please know that I am satisfied with the efforts Ms. Gallagher has demonstrated in ensuring
that such a conversion would not create problems for the abutters nor the neighborhood in general.
As such, I am in support of her petition before the Board.
Respectfu/ll�,
Paul C. revey
Councillor, Ward Six
cc: Kathy Gallagher
Attorney William Quinn
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM
The following neighbors agree to allow the owner(Kathy Gallagher) of 69 School to
convert the attic to a four room apartment. Below are the signatures of the following
neighbors petitioning the Salem Board of Appeal for this purpose.
Name Address SiMature
Martha Richardson 67 School St.
Property Recently Sold 71 School St.
John&Virginia Morrison 78 School St.
Kim& Glen Barlow oc 76 School St.
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L. Moustakis 67 Dunlap St.
Arthur& Myrtle Jackson 4 Japonica St. L
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