5 PHELPS STREET - BUILDING INSPECTION UPC 10330 't 2-j
No.153L 'NT.
HASTINGS. VN
Citp of 6alem, lRaoarbuattgH to
`+ u^OFFICE
�3oarb of appeal
18 P 2= 5l
DECISION ON THE PETITION OF MAUREEN CAVANAUGH REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 PHELPS STREET R-2
A hearing on this petition was held on May 17, 2000 with the following Board Members
present: Richard Dionne, Ronald Harrison, Stephen Buczko, Stephen Harris and Paul
Valaskagis. 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 convert a 2 family dwelling into a three family
for the property located at 5 Phelps Street located in an R-2 Zone.
The provision of the Salem Zoning Ordinance which is applicable to this 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, extension or 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, 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.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after reviewing the plans, makes the following findings of fact:
1. The petitioner, Maureen Cavanaugh, is the owner of the property located at 5 Phelps
Street.
2. The petitioner seeks a special permit to convert a two-family dwelling to a three-
family dwelling.
3. The petitioner purchased the property in May 1999, and has since remodeled the top
floor. The petitioner seeks to make available a third rental unit, which would be a
one-bedroom apartment on the third floor.
4. No additional construction is planned.
DECSION OF THE PETITION OF MAUREEN CAVANAUGH REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 PHELPS STREET R-2
page two
5. The petitioner presented the board with a parking plan that allowed for on-site
parking of five vehicles.
6. Petitioners in support of the requested special permit were signed by Susan O'Leary,
45 Broad Street, Patricia Draganosky, 6 Phelps Street; Deide Wyman, 2 Hathorne
Place; Chester M. Whalen, 4 Hathorne Place; Frank Rizzotti, 47 Broad Street;
William Scikey, 7 Phelps Street; and George and Josephine Cawley of 4 Phelps
Street.
7. Elaine McCormack, 45 R Broad Street, submitted a letter in support of the request.
8. John J.and Mabel E. Latoszek, 8 Phelps Street and Lindsay J. Morsillo, 53 Broad
Street presented opposition to the requested special permit. Elements of the
Latoszek's opposition included a problem with parking on Phelps Street, the fact that
Phelps Street is narrow and congested and additional vehicles associated with an
additional rental property wold exacerbate the existing problem, and a concern
regarding the ability of Fire Trucks to travel the street. Mr. Morsillo indicated that
allowing the conversion from a two family to a three family would set a bad
precedent, and that the area is already very densely populated.
9. Gale Flynn, 1 Vale Street, Donna Callahan, 8 Stearns Place and Joan Lovely, Ward
3 Councillor also voiced opposition to the requested special permit.
10. John J. Latoszek presented the Board with a petition of opposition signed by 27
neighbors and residents.
On the basis of the above findings of fact, and on the evidence presented, the Board of
Appeal concludes as follows:
1. The Special Permit requested cannot be granted without substantial detriment
to the public good or without nullifying and substantially derogating from the
intent of the district or the purpose of the ordinance.
2. The granting of the Special Permit requested will not be in harmony with the
Neighborhood and will not promote the public health, safety, convenience and
Welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted 2 in favor and 3 in opposition to the motion
to grant the relief requested. Having failed to garner the four affirmative votes required
to pass, the motion to grant fails and the petition for a Special Permit is denied.
Special Permit Denied
May 17, 2000 kb
rCSC
Stephen Buczko, Member
Board of Appeal
DECISION OF THE PETITION OF MAUREEN CAVANAUGH REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 PHELPS 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 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 the City Clerk that 20 days have elapses 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.
Board of Appeal
CITY OF SALEM
DEPARTMENT OF PUBLIC SERVICES
REQUEST FOR CURB CUT
DATE OF REQUEST: y
REQUESTED BY: PHONE: 5'7? 75�5�335
LOCATION (as specifi as possible): { ��
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LENGTH OF CUT:
COST PER FOOT: $8.00
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INVOICE TO: Plri1/
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FOR OFFICE USE ONLY
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