52 School St. Decision (CLERK CERTIFIED) -16'Nt
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
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A True Copy f
ATTEST CITY CLERK, Salem, f Salem Board of Appeals
The petition of JOHN AND MARCY HAUBER at 52 SCHOOL STREET(Map 27, Lot 4)
(R2 Zoning District),for a Special Permit per Section 3.3.5 Nonconforming Single-and
Two Family Residential Structures and The Dimensional Table of the Salem Zoning
Ordinance to add a two(2) story unit and two(2) two-car garages to create a two (2)
family building and four(4) garage parking spaces. The proposed lot area per dwelling
is 6,378 where 7,500 is required. The existing and proposed side yard setback is 34
where 1o'is required. The existing front yard setback is 6.3'where is 15'is required.
A public hearing on the above petition was opened on August 17, 2022 and continued to
September 21, 2022 and was closed on September 21, 2022.
On September 21, 2022,the following members of the Salem Board of Appeals were
present: Mike Duffy(Chair), Paul Viccica, Peter Copelas and Steven Smalley.
Statements of Fact:
The petition is date stamped June 29, 2022. The petitioner seeks a Special Permit per
Section 3.3.5 Nonconforming Single-and Two-Family Residential Structures and The
Dimensional Table of the Salem Zoning Ordinance to add a two (2) story unit and two
(2)two-car garages to create a two(2)family building and four (4) garage parking
spaces.
1. 52 School Street is owned by John and Marcy Hauber.
2. The petitioners were John and Marcy Hauber.
1 52 School Street is located in the R2 zoning district. (Map 27, Lot 4).
4. The requested relief,if granted,would allow the Petitioner to add a two (2)
story unit and two(2)two-car garages to create a two(2)family building and
four(4) garage parking spaces.
5. On August 17, 2022, due to lack of a quorum,the petition was continued to
September 21, 2022.
6. On September 21, 2022, Scott Grover, attorney,presented to the board.
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7. The petitioner's current property is around one hundred fifty(150)years old.
The property is in significant need of restoration.The parcel of land is
approximately thirteen thousand square feet(13,000)which is considerably
larger than other parcels in the immediate area.
8. Attorney Grover expressed that in order to restore the house, a significant
amount of funds are required. The petitioners are proposing to construct a
townhome style structure connected to the existing house via the garages.
9. Attorney Grover stated that within the zoning ordinance the creation of a
second unit is allowed by right and the only dimensional relief needed is for
lot area per dwelling unit. The other relief is from the side setback.
10. Attorney Grover stated that in the R2 Zoning district seven thousand five
hundred square feet(7,5O0) is required and the proposal is for six thousand
three hundred seventy-eight square feet(6,378). The existing setback is three
and four tenths'feet (3.4) and the proposed side setback will be five feet(5).
In all other respects,the addition will comply with all setbacks and
dimensional requirements.
11. Attorney Grover went over the criteria to acquire a special permit.
12. Architect Dan Ricciarelli presented the plans to the board.
13. Chair Duffy opened the meeting up to comments from the board.
14. Peter Copelas expressed his appreciation for the thought put into the design
for the project.
15. Chair Duffy opened the meeting up to public comments.
16. Marlin Nabors, 8 Chandler Street, expressed his concern for losing his space
as a direct abutter to the property at 52 School Street. He stated that he didn't
hear a compelling reason to move this petition forward.
17. Chair Duffy responded to Mr. Nabors, explaining that this is a special permit
and therefore the board has to determine if the project is substantially more
detrimental to the neighborhood than the existing non-conforming structure
as well as impact on the community.
18. Janet Polakiewicz, 6o School Street, expressed her concern over the
congestion in the area of the proposed construction. She expressed her
concerns if there was a fire and how the fire could spread very quickly in that
area with all of the trees. She felt that it was a hazard to have this
construction there at 52 School Street.
19. Mike Becker, 48 School Street,fully supported the proposal.
20. Attorney, Scott Grover,addressed the public comments. He mentioned that
the construction would be further back in the setback then it is currently.
Furthermore,the addition in the back of the property is not near other
properties that abut the parcel of land. He stated that on the Chandler Street
side they are in full compliance of the dimensions required for the R2 Zoning
District.
21. Richard and Carol Champigny, to Chandler Street, expressed that they did
not want this building in their neighborhood. They do not see the benefit to
the community by the approval of this petition. They felt that this will be
detrimental to the neighborhood. They expressed their concern over a safety
standpoint on how firetrucks and emergency services would access the
property with all the congestion in the neighborhood.
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22. Attorney Grover responded and made clear that they had no intention of
removing any of the trees in on the property. The trees will be maintained to
preserve the character of the neighborhood.
23. Paul Viccica stressed that he felt there was a very large significant tree on the
property that he felt would need to come down due to the location of the
proposed structure.
24. Chair Duffy expressed again that the new construction would be within the
zoning setbacks. He also expressed that the proposed building would be
further away in the setbacks than the current structure.
25. Paul Viccica made a motion to approve the petition.
26. The September 21, 2022 meeting of the Board of Appeals was held remotely,
via the online platform Zoom in accordance with Chapter ion of the Acts of
2022.
On the basis of the above statements of fact and findings,the Salem Board of
Appeals voted four(4) in favor (Steven Smalley, Mike Duffy(Chair), Paul Viccica and
Peter Copelas) and none(o) opposed to grant JOHN AND MARCY HAUBER at 52
SCHOOL STREET(Map 27, Lot 4) (R2 Zoning District),a Special Permit per
Section 3.3.5 Nonconforming Single-and Two-Family Residential Structures and
The Dimensional Table of the Salem Zoning Ordinance to add a two(2) story unit
and two(2) two-car garages to create a two(2)family building and four (4) garage
parking spaces.
Receiving four(4)in favor votes,the petition for a Special Permit is GRANTED.
Standard Conditions:
i. 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. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including,but not limited to,the Planning Board.
8. 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 or more than fifty percent
(50%) of its replacement cost at the time of destruction. If the structure is
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demolished by any means to an extent 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.
9. All construction shall be done per the plans and dimensions submitted to
and approved by this Board.Any modification to the plans and dimensions
must be approved by the Board of Appeals unless such changes are
deemed a minor field change by the Building Commissioner in
consultation with the Chair of the Board of Appeals.
1o.Petitioner shall schedule Assessing Department inspections of the
property, at least annually,prior to project completion and a final
inspection upon project completion.
L
Mike Duffy/Chair
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 4oA, 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 4oA, 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 has been
filed with the Essex South Registry of Deeds.
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