14 STORY STREET - ZBA 14 STORY STREET �!
J
s �
S
v
i
r
1
Legal Notice
CITY OF SALEM
BOARD OF APPEAL
978.7454595,Ext.381 4
Will hold a public hearing for all per-
sons interested in the petition submit-
ted by JOAN LOVELY requesting a
Special PermR to alter a nonconform-
ing structure and a Variance from side
setback requirements for the property
located at 14 STORY STREET R-2.
Said hearing will be held on WEDNES-
DAY,DECEMBER 15,2004,6:30 P.M.,
120 WASHINGTON STREET, 3rd
FLOOR,ROOM 313.
Nina Cohen,Chairman
(12M,6)
CITY OF SALEM, MASSACWUSETT!§ITY OF SALEM, MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
-
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1004 DEC 29 A 11) 4q:
MAYOR FAX: 978-740-9846
T DECISION OF THE PETITION OF JOAN LOVELY REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 14 STORY STREET R-2
A hearing on this petition was held December 15, 2004 with the following Board
Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Edward Moriarty and
Nicholas Halides. 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 alter a non-conforming structure and a
Variance from side yard setback for the property located at 14 Story Street in an R-2
zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 0), 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, extent 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 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 Variances which have 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
of the Ordinance
1
DECISION OF THE PETITION OF JOAN LOVELY REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 14 STORY STREET R-2
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
-� 1. Attorney John Kelity,-of 40 Lowell Street in Peabody, represented the petitioner. —
2. The Petitioner is seeking a Variance from side yard setback to construct an
addition. to construct.
3. Plans were submitted showing the proposed addition.
4. A petition in support was submitted with 6 names of abutters in favor of this
addition.
5. City Councilor's Joseph O'Keefe and John Pelletier spoke in favor of this petition.
6. There was no opposition to the proposed plans.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested 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
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested, subject to the following conditions;
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 and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
l
DECISION OF THE PETITION OF JOAN LOVELY REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 14 STORY STREET R-2
page three
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the construction shall be in harmony with the existing structure
6. Petitioner shall obtain a Certificate of Occupancy.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, but not limited to the Planning Board
Special Permit & Variance Granted
December 15, 2004
<�na Cohen S
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 or 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 elapsed 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's Certificate of Title.
Board of Appeal
NEIGHBORS IN SUPPORT OF THE PETITION OF JOAN LOVELY
We, the undersigned neighbors and abutters of Joan Lovely of 14 Story
Street, would like to be on record as in support of her petition for a special
permit and variance to allow an addition to her existing property. We have
seen the plans and drawings and feel it will have a positive impact on the
neighborhood. We respectfully ask that the Board of Appeal act favorably
on her petition.
Qjt-7 !:::
uonfigl' ect butter 26 Read Street
Cynt is Buonfiglio Direct AbutterA AbutterRead Street
- ()I//JA-f�
J#tnifer OOH eary, Abutter 9 S Street
at Chasse, Abutter 14 Cleveland Michelle Chasse.Chasse. Abutter 14 Cleveland Street
Leo Higgins, Diredffoutter at the end of Story Street