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Legal Notice e
CITY OF SALEM
BOARD OF APPEAL a
978-745-9595,Ext.381 C
will hold a public hearing for all 6
persons interested in the petition sub- d
witted by MATTHEW ABRAMS r
requesting a use Variance and densi- s
r ty regulation variance to allow for -
demolition of the existing structure
used as a social club and construc-
tion of 3 buildings to be used for B
residential units for the property
located at f3 COUSIN STREET,R-2.
Said hearing to be held WEDNES-
DAY, DECEMBER 18,2002, at 6:30
P.M., 120 WASHINGTON STREET,
3rd FLOOR.
Nina Cohen,Chairman
(12/4,11)
I
` 1 *(00 � CITY OF SALEM, MASSACHUSETTS
� BOARD OF APPEAL CITY OF SALEM. MA
120 WASHINGTON STREET, 3RD FLOOR CLERKS OFFICE
�15, 11F a SALEM, MA 01 970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.MAYOR 1002- DEC 30 P 3: 13
DECISION ON THE PETITION OF MATTHEW ABRAMS REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 COUSINS STREET R-2
A hearing on this petition was held on December 18, 2002, with the following Board
Members present: Nina Cohen, Chairman, Stephen Harris, Joan Boudreau, Richard
Dionne and Nicholas Helides 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 is requesting a use Variance and density regulations to allow demolition of
existing structure used as a social club and construction of 3 buildings to be used for 8
residential units for the property located at 13 Cousins 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. Attorney George Atkins, Esq. of 59 Federal Street in Salem, represented the
petitioner Matthew Abrams. In requesting a use variance and variance for density
for the demolition of the existing structure and the construction of 8 residential
units for the property at 13 Cousins Street.
2. The property is located in an R-2 zone.
3. There were several abutters that were in opposition to the petition citing the
increased density as their reasons for objecting to the petition.
4. One person, an abutter that owned 8 1./2 Allen Street was in favor of the petition.
5. The membership of the Polish Falcons Club spoke in favor of the petition stating
that they thought the best use of the property should be a residential use.
6. Att.Atkins stated that the shape of the lot posed a hardship that would make it
difficult to develop the property.
7. The Zoning Board of Appeals voted 3 in favor and 2 in opposition. The petition
was denied.
CI CLERKS OFFICER
DECISION ON THE PETITION OF MATTHEW ABRAMS REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED A 13 COUSINS STREET R-2
page two
10010EC 30 P 37 13
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 3 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
DECEMBER 18, 2002
Cc/U'c 0
&tephenHarris
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 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
Citp of *alem, Alassarbusetts
(office of the Up Council
Citp fall
COUNCILLORS-AT-LARGE REGINA R. FLYNN WARD COUNCILLORS
PRESIDENT
2002 2002
LAURAA DeTOMA DEBORAH E. BURKINSHAW CLAUDIA CHUBER
THOMAS H. FUREY CITY CLERK REGINA R. FLYNN
KEVIN R. HARVEY JOAN B.LOVELY
ARTHUR C.SARGENT III LEONARD F O'LEARY
KIMBERLEY L. DRISCOLL
MICHAEL A. BENCAL
JOSEPH A. O'KEEFE, SR.
December 18, 2002
Board of Appeals
120 Washington Street
Salem, MA 01970
I am writing to express my support for the petition of Matthew Abrams requesting a use
Variance and density regulations variances to allow for demolition of the existing structure used
as a social club and construction of 3 buildings to be used for 8 residential units for the property
located at 13 Cousins Street R-2.
After a meeting with neighbors, Mr. Abrams modified his plans to address several points brought
up at that time, including, but not limited to increasing the number of parking spaces to two per
unit.
I am confident that any outstanding concerns regarding design that neighbors might still have
will be resolved in a fair way.
Sincerely,
Claudia Chuber
Ward 1 Councillor
3 White Street
Salem, MA 01970
(978) 744-3623
chuberl@attbi.com
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112 SHAWMUT AVENUE BOSTON, MASS 02118
PHONE: (617)357-9740
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