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CITY OF SALEM„ MASSACHUSETT y OF S„SEM, MA
_ BOARD OF APPEAL
ERK'S OFFICE
# 120 WASHINGTON STREET, 3RO FLOOR
SALEM, MASSACHUSETTS 01970 109b JAN
TELEPHONE: 978-745-9595 fi �� A q: q !
FAX: 976-740-9846
DECISION OF THE PETITION OF KATHY GALLAGHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 69 SCHOOL STREET R-2
A hearing of this petition was held on January 18, 2006 with the following Board
Members present:Nina Cohen,Chairman,Bonnie Belair, Richard Dionne,Nicholas
Helides and Edward Moriarty.Notice of this 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 under Section 9-5 to allow third dwelling unit to
be constructed and used within third floor of existing 2 family dwelling for the property
located at 69 School 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 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 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 William Quinn representing the petitioner presented the background and
circumstances of the petitioner. He also reviewed the proposed parking plan,
2. A letter from City Councillor Paul Prevey of Ward 6 was received and read into
the minutes in support of the petition.
3. The hardship identified was a basis of economics.
4. Zoning Board Members,Ed Moriarty,Nina Cohen and Nick Helides voiced their
opposition to this petition.
DECISION OF THE PETITION OF KATHY GALLAGHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 69 SCHOOL STREET R-2
page two
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 0 in favor and 5 in opposition to grant the
requested variances. Having failed to gamer the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance Denied
January 18, 2006 fO/M
Nicholas Helides $C��
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING -rr D
BOARD AND THE CITY CLERK — 4�
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 of 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 owner Certificate of
Title.
Board of Appeal
Certificate No: 959-06 Building Permit No.: 959-06
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the RESIDENCE located at
Dwelling Type
0069 SCHOOL STREET in the CITY OF SALEM
- --------------------- - - - - - - - - -
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
OCCUPANCY PERMIT FOR 69 SCHOOL STREET RENNOVATIONS TO
THIRD FLOOR TO EXPAND 2ND. FLOOR UNIT
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires - unless sooner suspended or revoked.
Expiration Date
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Issued On:Thu Feb 12,2009 -------------------- k-�
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GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. --------------------------------- ---------.----- ✓-----------
0069 SCHOOL STREET 959-06
GIS#: 2783 COMMONWE_ ALTH OF MASSACHUSETTS
Map: , =16
Block: " 3_ CITY OF SALEM
Lot 0324 "
•
Category:
Permit# ., -' 959-06BUILDING PERMIT
Project# JS-2006-1872
Est Cost: $10,000.00 "
Fee Charged:'1 $75.00`
Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO:
Const:Class: Contractor: License:
Use Group: OWNER
Lot Size(sq.ff.): 8183
Zoning:' " R2 Owner: Kathy Gallagher
Unit, .-r a,Lud Aanlicant: 1_.;thy GaIiashcr
. ""
Units Lost, :]AT.- 0069 SCHOOL STREET
Dig Safe#:
ISSUED ON: 25-May-2006 AMENDED ON: EXPIRES ON: 25-Oct-2006
TO PERFORM THE FOLLOWING WORK.
Renovations to third Floor to expand 2nd Floor Unit(PLANS ATTACHED TO BUILDING PERMIT APPLICATION)
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Buildin
Underground: Underground: Underground: Excavation:
Service: - Meier: Footings:
Rough: llll ' !{ Rough: Rough hi^r7�, ` Foundation: -
Final: / 6l YY® Final: Final: j Rough Frame• /
I Fireplace/Chimney:
D.P.W. Fire Health
Meter: Oil:
Final: OK /OQ .
House# Smoke: /-
Treasury:
Water: Alarm: ti
(Sewer: 1Sprinklers:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UP VIOLATION OF ANY OF ITS
RULES AND REGULATIONS. � +'
Signa
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2006-002516 25-N1ay-06 6017 $75.00
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