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g� BOARD OF APPEAL CITY- 01`"uALEM. MA
120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. LISOVICZ, JR. 2002 OCT 29 A 9: 58
MAYOR
DECISION OF THE PETITION OF HERCULANDO PEREIRA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 64 BUTLER STREET R-1
A hearing on this petition was held October 16, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau, Stephen Harris, Nicholas Helides and Joseph
Barbeau. 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 number of stories allowed to construct a
third floor for the property located at 64 Butler Street located in an R-1 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. Petitioner, Herculando Pereira was requesting a variance to allow the use of the
third floor as living space for the second floor unit that the petitioner and his
family currently occupy. Structural changes include adding two full shed dormers
along each side of the roof. This would allow for three new bedrooms and a full
bathroom on the third floor.
2. Mary McNeil of 67 Butler Street was in opposition of this petition stating that the
possibility that the renovations would be used to add a third unit to the property.
3. The property is located in an R-1 zone and is also a "grandfathered"tow family
unit.
as j
DECISION OF THE PETITION OF HERCULANDO PEREIRA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 64 BUTLER STREET R-1
page two
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 statutes, ordinances, codes and
regulations.
2. All construction shall be done as per plans and dimension submitted 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. A Certificate of Occupancy shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
7. The property is to remain a two family and shall not be converted to a three family
unit.
VARIANCE GRANTED ff��
OCTOBER 16, 2002
Stephen Harris
Board of Appeal
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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.
Board of Appeal
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15 1
DECISION ON THE PETITION OF JOSE PEREIRA ( PETITIONER) , VETERANS
ADMINISTRATION (OWNER) FOR SPECIAL PERMIT AT 64 BUTLER ST. (R-2)
A hearing on this petition was held October 16, 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Mary
Jane Stirgwolt and Associate Member Ronald Plante. 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 Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to convert a single family into a two
family dwelling and to construct an addition in the rear of this nonconforming
structure which is located in a Residential Two Family District. The property
is owned by the Veterans Administration.
The provisions 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 constrary 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 . The petitioner has signed an offer to purchase the property from the
present owner, the Veterans Administration
2. The petitioner presented a petition with seventeen ( 17) signatures favoring
the proposed anddition and renovation.
3. The property is presently in a deteriorated state and is a blight to
the neighborhood.
4. The proposed renovation and addition will make this building a two family
dwelling that will be an improvement to the neighborhood.
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 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.
DECISION ON THE PETITION OF JOSE PEREIRA ( PETITIONER) , VETERANS ADMINISTRATION
(OWNERS) FOR A SPECIAL PERMIT AT 64 BUTLER ST. , SALEM
page two
2. The proposed addition and renovations will promote the public health, safety,
convenience and welfare of the City's inhabitants and will be in harmony with
the district.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . That the Petitioner comply with all city and state statutes, ordinances,
codes and regulations.
2. All construction shall be as per the plans and dimensions submitted.
3. A legal building permit shall be obtained.
4. A Certificate of Occupancy shall be obtained.
5. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhere to.
Special Permit Granted
October 16, 1991
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Mar�a�te Stirgwolty Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Cor^al
from. this decision, if any, shall be made purcuent to Sectic" 1'';°
C:-,oral l.a:vs, Chapter fi08, and shall be filed within 29 !Iis
of [lung of this decision in the office of the i;i:Y CIC'Y.
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- ,e.l no appeal has been filed. o.that, if such app_.i
ille d, !-'!al it it s been dismissed o, :cnied is recorded in the South Essex
Reg,stry of Deeds no indexed under the name or the owner of record or.
Is rocr�Jed and noted to the owner's Certificate of Title.
BOARD OF APPEAL
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DECISION ON THE PETITION OF JOSE PEREIRA�JPETITI.ONER) , VETERANS
ADMINISTRATION (OWNERS) FOR A VARIANCE AT 64 BUTLER STREET (H-2)
A hearing on this petition was held September 11 , 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio,
Edward Luzinski, Mary Jane Stirgwolt. 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 variance to allow converstion to a two family and to
construct an enclosed porch. The property is located in an R-2 district and is
owned by the Veterans Administration, represented by Mr. Kenneth Hill, their
broker.
The Board of Appeal, after hearing the evidence and at the request of the
petitioner voted unanimously, 5-0, to allow the petition to be withdrawn without
prejudice.
WITHDRAWN WITHOUT PREJUDICE
September 11 , 1991
oseph C. Correnti, Secretary, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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