14 UPHAM STREET - ZBA 14 Upham 5t. R-2
Jimmy L. Kowalski
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DECISION ON THE PETITION OF JIMMY KOWALSKI FOR A SPECIAL
PERMIT AT 14 UPHAM ST. (R-2)
A hearing on this petition was held on May 31 , 1989 with the following Board Members
present: James Fleming, Chairman; Richard Bencal , Vice Chairman; Edward Luzinski
and Associate Member 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, is requesting a Special Permit to allow an
existing deck and to construct a stairway to the second floor in this R-2 zone.
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:
Notwithstaneing 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 lots, lands, 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 aeneral terms, this Board is, when reviewing Special Permit requests,
guided by .he 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 viewing the plans, makes the following findings of fact:
1 . There was no opposition.
2. A petition signed by fourteen ( 14) neighbors and abutters in favor
was presented.
3. The proposed stairway would be a second means of egress for the second
story of this one family dwelling.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The grant of the special permit will promote the safety, convenience
and welfare of the City' s inhabitants.
2. 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 of the purpose of the Ordinance.
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DECISION ON THE PETITION OF JIMMY KOWALSKI FOR A SPECIAL PERMIT
AT 14 UPHAM ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 4-0, to grant the Special
Permit requested, subject to the following conditions :
1 . All construction be done as per existing City and State building codes
and by legal building permit.
2. All dimensions be as per the plans submitted.
3. Petitioner meet all requirements of the Salem Fire Department.
SPECIAL PERMIT GRANTED
-R4 chard A. Sencal , Vice Chairman
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 Mass.
General Laws, Chapter 808, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision, bearing the certi-
fication of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the nare of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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TO: THE CITY OF SALEM
BOARD OF APPEALS
We, the undersigned, being abutting neighbors in Ward 6 of
Jimmy L. and Kathleen M. Kowalski, # 14 Upham Street, do not
oppose the installation of an outside stairway connecting
the 2nd story sun-porch tp the existing deck.
NAME �ADDRESS
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TO: THE CITY OF SALEM
BOARD OF APPEALS
We, the undersigned, being abutting neighbors in Ward 6 of
Jimmy L. and Kathleen M. Kowalski, # 14 Upham Street, do not
oppose the installation of an outside stairway connecting
the 2nd story sun-porch to the existing deck .
NAME ADDRESS
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