6 UPHAM STREET - ZBA 6 Upham St. R-2
� M Gwethalyn Jones
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DECISION ON THE PETITION OF GWETHALYN JONES FOR A
SPECIAL PERMIT FOR 6 UPHAM ST. , SALEM
A hearing on this petition was held December 4- 19 ,5 w�tll„t���lowing Board
Members present: James Hacker, Chairman; Mes f$. Ch , uzinski, Strout and
Associate Member Bencal. Notice of the hearing wap sent to abutters and others
and notices of the hearing were properly publi§B&*in the Salem Evening News in
accordance with Massachusetts General Laws ChapCtl IV
�40Ar .c;LEM.N�ASb.
Petitioner, owner of the property, is requesting a Special Permit to extend
nonconforming rear setback in order to construct stairway in this R-2 District.
The provision of -the Salem Zoning Ordinance which is. applicable to this request
for a Special Permit is Section V B 10, 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 Section VIII F and IX D,
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 hearing the evidence presented, and after viewing
plans of the property, makes the following findings of fact:
1 . Stairway will be no closer than existing structure;
2. Building is currently used as a two family and will continue
to be used as such;
3. Vigorous opposition to expanding the house to a three family;
4. By adding this means of egress the structure will conform to the
City of Salem and'State Fire Codes.
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 . The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
from or nullifying the intent or purpose of the Ordinance.
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�{ DECISION ON THE PETITION OF GWETHALYN JONES. FOR
A SPECIAL PERMIT FOR 6 UPHAM ST. , SALEM
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page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief �I
requested, provided that:
T. Staircase to be no closer that six feet (61 ) from the rear lot line;
2. Staircase will descend to a landing then make a 90 degree turn into
the petitioners rear yard-as not to allow egress through abutters
property;
3. A Building Permit be obtained.
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SPECIAL PERMIT GRANTED
ames B. Hacker, Chairman
•
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO,%I THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE 5:?.
GENERAL LAWS. CHAPTER 858, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF Fi!!:;,'-$".;
OF THIS DECISION IN THE OFFICE OF THECITYCLEP•K. -
PURSAGT TO FSACS. CENERAL LA!7S, CHAPTER 908, SECTION 11, THE VARIANCE OR SPECIAL PC
CRP.STED HE^EIN, SHALL NCI "!A. E EFFECT UNML A COPY OF THEDEC!SIQti, BEA2ING THE CERT-
• RCATIQtd CF THE CI7 i CLERK THA': 20 DAYS HAVE E'_:.FSED AND NO APPEAL HAS .BEEN FILED,
• OR I'HA.T, IF SUCH AN APPEAL HAS SEEN RLE TEAT IT HAS BEEN DIS.'l ISSEO OR OENIEC IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME DF THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER"S CERTIFICATE OF TITLE.
BOARD OF APPEAL
1
MORTGAGE INSPECTION `
� 1.
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST , BEVERLY, MA.
,LOCATION `.. I�E/J/..,19/x • .... ......... ..... . To .�iin: .lfil........ l�Jlt7CZ4_...,Bes'�ra .....................
,
SCALE c 1" = 20 FT. DATE : .,/.C!/�J. I hereby certify that I have examined the premises and that the
REFERENCE �J.l.... p 2•••--• building (s) shown on this plan are located on,the ground as
f� �- shown and that they conformed to the zoning setbacks of the
.......... _________ when constructed.
NOTE a This is a Mortgage Inspection survey and not The building(s) are not located In the special flood hazard
-an instrument survey, therefore this plot plan Is for zone, as defined by H.U.D.
mortgage inspection purposes only. G-`--
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BUSHES, SHRUBS, FENCES & TREE
LINES DO NOT NECESSARILY INDICATE
PROPERTY LINES.
THIS SURVEY IS BASED ON WHENEVER AN OFFSET IS
SURVEY. MARKERS OF OTHERS. 1'±OR LESS AN INSTR. SURVEY IS
RECOMMENDED TO DETERMINE
PROP. LINES.
of Salm'
Ru&Iir �e �rtment
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William 11. Munroe
One Salem Green
i45-0213
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November 7,. 1985
Jwethalyn Jones
6 Upham Street.
Salem, MA 01970 °
RE: 6 Upham Street
Dear Sir.
Concerning your property at 6 Upham Street, Salem, MA; it has been
brought to the attention of this department that construction in
the form of new 3rd floor stairs is now or has been going on.
Please have yourself or your representative present on November
18, 1985 at 10:00 a.m, so that this building violation and
complaint can be addressed.
If this time and or date is not acceptable to you contact
this office and reschedule this visit with us.
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LInspector
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c.c. : /r. Mroz, Mayor' s Aide
City Clerk
Councillor McCabe
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ROBERT J. CROWLEY
AtChlef *alrm, Ma. D1970
Date: December 4, 1985
City of Salem Re: 6 Upham Street
Board of Appeal Gwethalyn Jones
One Salem Green Hearing Date: 12.4.85
Salem, MA •01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The property located at #6 Upham Street has current compliance with the pro-
visions of Chapter 148, Section 26E, Massachusetts General Laws, relative to
the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Special Permit
to construct a second means of egress at this location.
r
Respectfully,
Robert W. Turner,
Fire Marshal
cc: Appellant
Building Inspector
File
Form #105
Nov. 4,1985
Please be advised that the owner of the dwelling at!07
('Upm Street Aslin the process of converting this 2 family dwelling
into—a 3—fami-ly, this is in violation of the zoning laws for Upham St . ,
which is zoned as H2 ONLY.' Plus no permits have been pulled.
PLEASE INVESTIGATE
Thank You
A concerned Neighbor
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