32-34 SALEM STREET - BUILDING JACKET 32-34 SALEM STREET
SCO TA CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978)745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. LISOVICZ, JR.
MAYOR
February 25, 2003
RE: 32-34 Salem Street
To Whom it May Concern:
The Board of Appeals has given the owner the right to a 3 family dwelling. I have
completed an inspection of the properety and it clearly was an existing condition. The
City of Salem Building Department and Board of Appeals therefore considers 32-34
Salem Street a legal 3 family dwelling.
Any question I can be reached at 978-745-9595 x386.
Sincerely,
�'� .,Y?-
Frank DiPaolo
Local Building Inspector
cc: Frank Kulik
Citp of &alem, A1a!9!5arbugettq
j0oarb of appeal OFFICF
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DECISION OF THE PETITION OF CARLOS ESPINAL REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 3�2 34;SAL"EWSTREET=R=3m
A hearing on this petition was held July 19, 2000 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Paul Valaskagis, Stephen Harris and
Stephen Buczko. 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.
The petitioner is requesting a Variance from relief from parking and from density to make
a three family for the property located at 32-34 Salem Street located in an R-3 zone.
The Variances, which have been requested, may be granted upon a finding by this
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 and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. The petitioner appeared and represented himself at the hearing.
2. The property is an existing non-conforming use in a R-3 district
3. Two letters in opposition were presented at the hearing by Mr. J. Martin and Mrs.
Jean R. Martin of Park Street in Salem.
4. The petitioner is providing off street parking to the tenants. However the parking plan
submitted was found by the Building Inspector not to be in compliance with the City
of Salem parking ordinance.
5. The allowance of this petition would not be a detriment to the neighborhood.
DECISION OF THE PETITION OF CARLOS ESPINAL REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 32-34 SALEM STREET R-3
pagetwo
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, 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 Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore,the Zoning Board of Appeal voted 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state stature ordinances, codes and codes
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
5. A Certificate of Occupancy shall be obtained.
6. Parking spaces will be marked and painted.
Variance Granted
July 19, 2000
Stephen Harris, Member
Board of Appeals
DECISION OF THE PETITION OF CARLOS ESPINAL REQUESTING A VARIANCE
FOR THE PROPERTY 32-34 SALEM STREET R-3
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
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
certificate of the City Clerk that 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.
Citn of --&ttlem, '�Ettssachusetts
✓Board of rAv}tenl
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DECISION--
THE_P_ET.ITI 0 CARLOS M. ESPINAL FOR A VARIANCE
AT,-32-34 SALEM,:STREET:. (R-
A hearing on this petition was held April li, 1996 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Joseph
Ywuc, Nina Cohen and Albert Hill. 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, owner of the property, is requesting a Variance to convert a
(2) two family dwelling to a (3) three family dwelling for the property
located at 32-34 Salem Street.
The Variance which has been requested may be granted upon a finding by this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district of 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. There was no opposition in this matter.
2. This will allow petitioner a fuller use of the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, ordinances,
codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
t DECISION OF THE PETITION OF CARLOS M. ESPINAL FOR
A VARIANCE AT 32-34 SALEM STREET
page two
3. All construction shall be done as per the plan and dimensions
submitted and approved by the Zoning Enforcement Officer.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Parking Spaces will be marked in accordance with City Ordinance 7-2.
Variances Granted
April 17, 1996
Albert C. Hill, Jr.
Member, 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