3 ALLEN STREET - BUILDING JACKET 3 ALLEN STREET
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CITY OF SALEM, MASSACHUSETTS CITY OF S
BOARD OF APPEAL CL>:RK S OF SEA
120 WASHINGTON STREET, 3RD FLOOR
' f SALEM, MASSACHUSETTS 01970
• TELEPHONE: 978-745-9595 1006
FAX: 978-740-9846
KIMBERLEY DRISCOLL V 13 A I'' 3b
MAYOR
November 9, 2006
Decision
Petition of Kathryn Harper requesting a Variance
for the property at 3 Allen Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on October 18, 2006 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Steven Pinto, Richard Dionne, Elizabeth Debski and Robin
Stein.
The petitioner, Kathryn Harper, sought a variance from the rear yard setback of thirty
(30)feet to approximately eleven (11) feet to allow for reconstruction of a two-story
addition for the property located at 3 Allen Street, Salem, in the Two-Family Residential
(R-2) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 3 Allen Street is within the R-2 zoning district. It consists of
an existing nonconforming single family house built sometime in the 19'h
century and renovated by the petitioner.
2. The petitioner is requesting the variance to demolish an existing enclosed
porch to create a twelve(12) foot by twelve (12) foot two-story addition with
exterior stairway for egress.
3. The existing addition is within the rear yard setback. The proposed addition
extends the nonconformity by several feet toward the rear lot line,resulting in
an eleven (11) foot setback instead of the required thirty (30) foot rear yard
setback required in the Two-Family Residential (R-2) zone, per the city
zoning ordinance Table 1, Sec. 6-1.
4. The neighbor at 5 Allen Street, Patrick Rudolfinski, opposed the petition on
the ground that the proposed two story addition would cut off light to his
house and would deprive him of privacy.
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5. Ward 1 City Councillor Lucy Corchado appeared in support of the petition,
stating that petitioner has worked hard to restore the beauty of her historic
property by rebuilding the house in keeping with historic preservation
guidelines.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request for a Variance does not constitute a substantial
detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, four(4) in favor
(Cohen,Dionne, Debski, Stein) and one (1) opposed(Pinto), to grant the request for a
variance, subject to the following terms, conditions, and safeguards:
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 to and
approved by the Building Commissioner.
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. A Certificate of Occupancy is to be obtained.
7. Unless this Decision expressly provides otherwise, any zoning relief granted does
not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty percent
(50%) of its floor area of more than fifty percent (50%) of its replacement cost at
the time of destruction. If the structure is demolished by any means to an extent
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of more than fifty percent (50%) of its replacement cost or more than fifty percent
(50%) of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance.
8. The exterior stairway shall be located within the rear setback or on the driveway
side of petitioner's property. It may not be located on petitioner's property
between her house and Mr. Rudolfinski's house unless she has obtained written
permission from the owner for such siting prior to obtaining a building permit.
Nina Cohen
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 it has been
dismissed or denied and 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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Tity of "'451em, { ttssttzf�usP#fs OFFICE
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1998 DEC 29 A 9 23
DECISION ON THE PETITION OF KATHRYN M. HARPER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT'`3 ALLEN-STREET-R=1---
A hearing on this petition was held December 16, 1998 with the
following Board Members present: Nina Cohen;Chairman, Richard Dionne,
Michael Ward, Stephen Buczko and Stephen Harris . 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 for relief from height and
dimensional requirements to expand an existing non-conforming
structure for the property located at 3 Allen Street.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 viewing the plans, makes the
following findings of fact:
1 . Petitioner, Kathryn M. Harper represented herself.
2 . A Special Permit was requested for relief from height and
dimensional requirements to expand an existing non-conforming
structure.
3 . Plans for the expansion of the third floor were presented.
4 . The property will remain a two family residence . The third floor
expansion will be used as additional living space for the
apartment on the second floor.
5 . The property is located in an R-1 district.
6. Peter Paskowski, Councilor of Ward 1 , spoke in favor of this
petition.
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DECISION OF THE PETITION OF KATHYRN M. HARPER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3 ALLEN STREET R-1
page two
7. Frank Kulik, City of Salem Tax Assessor, spoke in favor of the
petition.
8. There was no opposition to the petition.
On the basis of the above findings of fact, and the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can 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 promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions;
1 . Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2 . All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions
submitted.
4 . Petitioner shall obtain building permit prior to beginning any
construction.
5 . Exterior finishes of the new construction shall be in harmonv with
the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from anv City Board or Commission
having jurisdiction including, but not limited to, the Planning
Board.
Special Permit Granted
December 16 , 1998
Michael Ward. Member c
Board of Appeal n r
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DECISION OF THE PETITION OF KATHRYN M. HARPER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3 ALLEN STREET R-1
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 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 or 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
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