28 UPHAM STREET - ZBA (2) 28 UPRAM STREET
UPHAM STREET REALTY TRUST
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DECISION ON THE PETITION OF UPHAM STREET REALTY TRUST REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 28 UPHAM STREET R-2
A hearing on this petition was held on July 19, 2000, with the following Board Members
present: Nina Cohen, Chairman, Stephen Buczko, Paul Valaskagis and Richard Dionne.
Notice of the hearing was sent to abutters and other and notices of the hearing were
properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
The petitioner requesting Variance from the density and area table to allow 3 family
structure on a lot containing 4,566 sq. ft. rather than 22, 500 for the property at 28
Upham 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 exit 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. Tom Donovan of Blodgett & Donovan of 10 Chestnut Street presented the petition of
David Dunton & Rick Fitzgerald the owners of the property.
2. The petitioner's intention is to convert a 2 family to a 3 family with additions inside and
outside including a kitchen. There would be access from a stairway on the outside of the
building.
3. The property currently has 2 parking places. The intention is to pave the backyard to
provide for 6 parking spaces total with access from a driveway, which would run
down the right side of the property.
4. The owners of the property presented a signed petition from neighbors in favor of the
project. It was also said that others were in favor but were not able to be reached for
this meeting.
,
DECISION OF THE PETITION OF UPHAM STREET REALTY TRUST REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 28 UPHAM STREET R-2
page two
5. Scott Uva of 26 Upham Street spoke in favor, but did have a couple of concerns.One
being if a fence could be installed to separate his yard which abutts the property from
the parking area and driveway for safety reasons. The other was how the backyard
would be leveled to provide proper drainage and blend with his yard.
6. Staley McDermett of 30 Dearborn Street opposed the petition. The reason being
congestion and the paving of the backyard.
7. Stephen Harris opposed the petition for reasons of density and traffic.
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 2 in favor and 2 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED '
July 19, 2000 rr" j-
Paul
Vallaskagis, Member
Board of Appeal
DECISION OF THE PETITION OF UPHAM STREET REALTY TRUST REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 28 UPHAM 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 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 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 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 owners Certificate of Title.
Board of Appeal
7-19-00
Dear Neighbors,
Rick Fitzgerald and myself,Dave Dunton would like to convert our 2 family home at 28
Upham Street from a two family into three individual units. We have had plans drawn
up for six parking spacing in the back of our property. Having lived at this address for
three years we realize parking is very tight. By putting the six additional parking
spaces out back it will make the street that much less crowded. We ask for your support
and understanding in this matter.
Thank You,
David Dunton
Rick Fitzgerald
NAME ADDRESS
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THIS PLAN IS BASED ON THE REFERENCED
PLANS, DEEDS AND THE RESULTS OF A FIELD
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PATRICK D. & & I CER77FY THAT THE PROPERTY LINES SHOWN ARE
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FOLEY SPACES LINES OF S7REET3 AND WAYS SHOWN ARE THOSE
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1. ASSESSORS MAP 27 LOT 360 a `�
2. ZONING DISTRICT R2 > SALEM ,' MASS .
3. DEED: BOOK 14133 PAGE 133 o cWi PREPARED BY
156f' To Dearborn St. EASTERN LAND SURVEY ASSOCIATES, INC.
39.8 CHRISTOPHER R. MELLO, PLS
104 LOWELL ST. PEABODY, MA. 01960
GRANITE CURB (978) 531 -8121
SCALE: 1 " = 10' JUNE 20, 2000
UPHAM STREET 797
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F 11876
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THIS PLAN 1S BASED ON THE REFERENCED
PLANS, DEEDS AND THE RESULTS OF A FIELD
SURVEY AS OF THIS DATE. NO CER77FICA77ON
p ORGNRRD [=. DANIEL J. MACDONALD IS INTENDED AS TO PROPERTY TITLE OR AS
r-+ & PAIR/C/A MILBURY TO THE EXISTENCE OF UNWRITTEN OR
Grr KARYN A. GEAR UNRECORDED EASEMENTS
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LOCUS
a I HEREBY. CERTIFY 7NlS PLAN CONFORMS
38 .}Q' 4' CLF TO THE RULES AND REGULA77ONS OF THE
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REGISTERS OF DEEDS OF THE COMMON—
WEALTH OF MASSACHUSETTS
LOT AREA
4566-- SF.
O PROPOSED
LOCUS PLAN FOR REGISTRY USE ONLY
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LAWN
PARKING
SCOTT M. UVA
PATRICK D. & & I CERTIFY THAT THE PROPERTY LINES SHOWN ARE
DEBORAH A. MARIFLOR T. MAULIT-UVA THE LINES DIVIDING EXIS77NG OWNERSHIP, AND THE
FOLEY O SPACES LINES OF STREETS AND WAYS SHOWN ARE THOSE
OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY
ESTABLISHED AND NO NEW LINES FOR DIVISION OF
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No. 30 F LOCATED IN
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1. ASSESSORS MAP 27 LOT 360 N -i
SALEM ,, MASS .
2. ZONING DISTRICT R2 >
3. DEED: BOOK 14133 PAGE 133 o w PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
156+' To Dearborn St.
39.8 CHRISTOPHER R. MELLO.. PLS
104 LOWELL ST. PEABODY, MA. 01960
(978) 531 -8121
GRANITE CURB SCALE: 1 " = 10' JUNE 209 2000
UPHAM STREET 797J !{
0 5 10 20 30 40 Asa
F 11876