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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext 381
Will hold a public hearing for all
1persons interested in the petition sub-
mitted by JACOB AKERS requesting a
�iSpecial Permit to expand existing 2
,family to a 3 unit building and a Vari-
ance_from parking requirements for
;'the property located at 38 HARBOR
'STREET R-3. Said hearing to be on
WEDNESDAY,JANUARY 21,2004 AT
15:30 P.M., 120 WASHINGTON
(STREET,3RD FLOOR,ROOM 313.
II Nina Cohen
Chairman
(1f7104,14)
i
o CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
y; 120 WASHINGTON STREET, 3RD FLOOR ,.
SALEM, MA 01970 r.. Va
TEL. (978) 745-9595 a ca=-1
FAX (978) 740-9846 ` r �
a �a
STANLEY J. USOVICZ, JR. Z
MAYOR ®>
Dqm
DECISION OF THE PETITION OF JACOB AKERS REQUESTING A VARIANCE ANCF? rn3
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3 N m
on
A hearing on this petition was held January 21,2004 with the following Board Members
present: Nina Cohen, Stephen Harris, Richard Dionne, Nicholas Helides 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 is requesting a Special Permit to extend existing 2 family to a 3 unit building
and a Variance from parking requirements for the property located at 38 Harbor Street
located in a R-3 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 Q), 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 Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 may be
granted upon a findingb the Board that the grant of the Special Permit will promote the
public health, safety, convenience and welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
that:
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 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
of the Ordinance
DECISION OF THE PETITION OF JACOB AKERS REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. The Petitioner Jacob Akers appeared and represented himself at the hearing.
2. A petition was submitted with 20 names in favor of this petition.
3. Mr. Akers would like to expand his 2 family unit to a 3 family. Petitioner also
seeks Variance from the parking requirements.
4. There was no opposition.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. 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
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
Structure.
6. Petition shall obtain a Certificate of Occupancy shall be obtained.
Y
DECISION OF THE PETITION OF JABOC AKERS REQUESTING A SPECIAL PERMIT
NAD VARIANCE FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3
page three
Special Permit & Variance Granted
January 21 , 2004
Stephen Harris
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
Massachusetts General Laws 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 Massachusetts
General Laws 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 elapsed 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 owner's Certificate of Title.
Board of Appeal
Petition for 3`1 Unit Apartment at 38 Harbor St.
This.petition, configured by Jacob David Akers (owner), is for a variance
from parking and structural use of the 38 Harbor Street property. The
hearing for approval/disproval will be on January 21", 2004 at Salem City
Hall. We, the undersign, confirm our approval for a legal third unit on the
stated property.
Residen stTenants Address II
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Petition for P Unit Apartment at 38 Harbor St.
This petition, configured by Jacob David Akers (owner), is for a variance
from parking and structural use of the 38 Harbor Street property. The
hearing for approval/disproval will be on January 2151, 2004 at Salem City
Hall. We, the undersign, confirm our approval for a legal third unit on the
stated property.
Residents/Tenants Address
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