33 WASHINGTON SQ NORTH - ZBA 33 WASHINGTON SQ. NORTH
DAVID JONES€;
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UPC 10333
No.153L-3 1pn�gf�
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Legal Notice
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CITY OF SALEM
BOARD OF APPEAL _
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by DAVID JONES requesting
a Special Permit under Section 5.3 Of
the Salem Zoning Ordinance to con. {
vert carriage house to a single fami-
ly residence for property located at 33
WASHINGTON SQUARE NORTH
AKA 2 OLIVER STREET R-2.Said
hearing to be held WEDNESDAY,
JULY 17, 2002 AT 6:30 P.M., 120
WASHINGTON STREET, 3RD
FLOOR,ROOM 313.
Nina Cohen
Chairman
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O 1970
•,IRY TEL. (978) 745-9595
�9et FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR C �O
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DECISION ON THE PETITION OF DAVID JONES REQUESTING A SPECIAL PERM �r
FOR THE PROPERTY LOCATED AT 33 WASHINGTON SQ NORTH/2 OLIVER ?> -"3
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STREET R-2 r 13
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A hearing on this petition was held on July 17,2002 with the following Board Members�
present: Nina Cohen, Richard Dionne, Nicholas Helides, Joan Boudreau and Bonnie
Belair. 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 requests a Special Permit to convert a Carriage House to a single-family
residence for the property located at 33 Washington Sq. North/2 Oliver Street located in
a R-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), 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 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of 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.
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
stuctures 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, and
after viewing the plans, makes the following findings of fact:
Y
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DAVID
DECISI
LOCON THE ATED DFAT 33 WASHINGTON PERMIT
SHINGTON SQ NORTH/2 OLIVEROLII
STREET R-2
page two
1. Petitioner David Jones appeared and represented himself at the hearing.
2. Plans were submitted showing the proposed construction.
3. There were several neighbors in opposition to the plans. They were Ramon
Pariga, 5 Oliver St., Salvatore DeFranco, 7 Oliver St., Jayne Hackett 6 Oliver,
Nancy Diitroia, 8 Oliver St, Lydia DeFranco, 7 Oliver St„ Harry McCoy, 23 Winter
St and Kathleen Atchason of 26 Winter Street all with concerns about parking.
4. Neighbors concerns are both
real and a source of aggravation to the
Neighborhood, that the scope of this Board does not allow for any action on the
Board's part to lessen this situation. and further that the only concerns that are
Within the scope of this Board's authority concerns that the Petitioner provides
the required off street parking, which was done.
5. Petitioner has received approval from the City of Salem Historic Commission.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
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 or the
purpose of the ordinance.
d in
mony with
3. Te Special will promote he public health, safety, comit granted can be n enience and welfare eoft he City's
od and
inhabitants.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the relief requested, subject to
the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and ti
regulations. o
2. All construction shall be done as per the plans and dimensions submitted and ^ rn,Y
approved by the Building Inspector. o
3. All requirements of the Salem Fire Department relative to smoke and fire safetyDshall Tr
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
a
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DECISION OF THE PETITION OF DAVID JONES REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 33 WASHINGTON SQ. NORTH/2 OLIVER
STREET R-2
page three
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors and
Shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
Special Permit Granted
July 17, 2002
epharbeau
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 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 the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is 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.
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July , 2002
Board of Appeal
City of Salem
120 Washington St.
Salem, MA 01970
Re: 2 Oliver St. aka
33 Washington Square North
To Whom It May Concern:
As an abutter of the subject property, please accept this letter as my support of the
proposed conversion of the Carriage House located at subject premises to a single family
dwelling and parking, as proposed by David C. Jones.
Thank you.
Sincerely,
Owner, erty ro Foca
P P
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