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22 ANDREW STREET - ZBA 22 Andrew St:.- R-2 Daniel & Tracy Pierce Ja 31 r� (9i#V of ttlem, ttssttchusP##s i1 r rftf r DECISION ON THE PETITION OF DANIEL AND TRACY PIERCE FOR A SPECIAL PERMIT AND VARIANCE AT 22 ANDREW ST. (R-2) A hearing on this petition was held on July 19, 1989 with the following Board Members present: James Fleming, Chairman; Richard Bencal , Vice Chairman; John Nutting, Secretary; Edward Luzinski and Richard Febonio. 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. Petitioners, , owners of the property, represented by Attorney John Serafini Sr. , are requesting a Special Permit to extend a nonconforming dwelling and a Variance to allow parking of three (3) cars as per the plans submitted. The property is located in an R-2 District. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, 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 Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures,a nd uses, provided, however, that such change, extension, expansion or enlargement 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 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 and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, 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 purposes 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 DECISION ON THE PETITION OF DANIEL & TRACY PIERCE FOR A SPECIAL PERMIT AND VARIANCE AT 22 ANDREW ST. , SALEM page two 1 . The proposed addition will not extend any further towards the rear than the existing outbuilding. 2. The proposed dwelling extension would not remove any existing parking area. 3. The location of the house an the lot, as well as the lot configuration, presents a hardship to the petitioner in establishing more parking on site. 4. The property will remain a two family dwelling. 5. Support to the plan, petition form, was presented to the Board, a letter was received in favor and several neighbors spoke in favor. 6. There was no opposition. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The granting of the Special Permit will promote the public health, safety, convenience and welfare 'of the City' s inhabitants and will be in harmony with the neighborhood. 2. Special conditions exist which especially affect the subject property but not the district generally. 3. Literal enforcement of the provisions of the Ordinance would work a substantial hardship on the petitioner. 4. The relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1 . Petitioner meet all requirements of the Salem Fire Department. 2. All construction be done as per the plans submitted and as per dimensions submitted. 3. All construction be done as per existing City and State Building Code and by legal building permit. 4. The exterior finishes of the new addition shall be of clapboard in keeping with the finishes circa 1800. 5. Petitioner maintain three (3) parking spaces on site as per the plans submitted. DECISION ON THE PETITION OF DANIEL & TRACY PIERCE FOR A SPECIAL PERMIT AND VARIANCE AT 22 ANDREW ST. , SALEM page three SPECIAL PERMIT & VARIANCE GRANTED R4chard A. Bencai , Vice Chairman 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 Mass. General Laws, Chapter 808, and shall be filed within 20 days ,iter the date of tiling of this decision in the office of the City Clerk. pursuant bD,ass. General La.vs, Ch r.te• 808, Section 11, the variance or Speciai Permit granted herein shd;i no: take effect until a copy of the declsicn, cearml, 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 beendismissedor denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record oa is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL 6 July 1989 Mr. James M.Fleming,Chairman Board of Appeal City of Salem One Salem Green Salem,MA 01970 Dear Mr.Fleming, I/we, as neighbors and abutters of Daniel and Tracy Pierce,22 Andrew Street,Salem, support their appeal for a Special Permit to extend nonconforming dwelling and a Variance to allow parking of three cars. I/we have inspected the submitted drawings and have no apposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood, in fact, the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between our properties. Signed, Name Address of abutting property 6 July 1989 Mr.James M.Fleming,Chairman Board of Appeal City of Salem One Salem Green Salem,MA 01970 Dear Mr.Fleming, I/we,as neighbors and abutters of Daniel and Tracy Pierce,22 Andrew Street, Salem, support their appeal for a Special Permit to extend nonconforming dwelling and a Variance to allow parking of three cars. I/we have inspected the submitted drawings and have no opposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood,in fact,the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between our properties. Signed, Name Address of abutting property 1 6 July 1989 Mr,,James M.Fleming,Chairman Board of Appeal City of Salem One Salem Green Salem, MA 01970 Dear Mr,Fleming, I/we, as neighbors and abutters of Daniel and Tracy Pierce,22 Andrew Street,Salem, support their appeal for a Special Permit to extend nonconforming dwelling and a Variance to allow parking of three cars. I/we have inspected the submitted drawings and have no opposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood, in fact,the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between our properties. Signed, y / q VV sr' Name Address of abutting property 6 July 1989 Mr. James M.Fleming, Chairman Board of Appeal City of Salem One Salem Green Salem, MA 01970 Dear Mr.Fleming, I/we, as neighbors and abutters of Daniel and Tracy Pierce,22 Andrew Street,Salem, support their appeal for a Special Permit to extend nonconforming dwelling and a Variance to allow parking of three cars. I/we have inspected the submitted drawings and have no opposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood,in fact,the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between our properties. �L Signed, /g � C Address of abutting property �i 1 6 July 1989 Mr.James M.Fleming,Chairman Board of Appeal City of Salem One Salem Green Salem,MA 01970 Dear Mr.Fleming, I/we,as neighbors and abutters of Daniel and Tracy Pierce,22 Andrew Street,Salem, support their appeal for a Special Permit to extend nonconforming dwelling and a Variance to allow parking of three cars. I/we have inspected the submitted drawings and have no opposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood,in fact, the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between ourro erties, P P Signed, Name Address of abutting property 6 July 1989 Mr. James M.Fleming,Chairman Board of Appeal City of Salem One Salem Green Salem, MA 01970 Dear Mr.Fleming, I/we,as neighbors and abutters of Daniel and Tracy Pierce,22 Andrew Street,Salem, support their appeal for a Special Permit to extend nonconforming dwelling and a Variance to allow parking of three cars. I/we have inspected the submitted drawings and have no opposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood, in fact, the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between our properties. Signed, 'tame Address of abutting property BQARO OF pF?EALS 17 Andrew Street Salem, MA 01970 JuL t9 32 tg July 19 , 1989 jtECEiv D OF SAL6iASS. CITY E.' James Fleming Chairman Board of Appeal Salem, MA 01970 Chairman Fleming and members of the Board, I am sorry that I am unable to attend tonight' s meeting due to a prior family commitment. I am writing to express my concerns over thepetition for a special permit to build an addition at 22 Andrew Street. I live diagonally across Andrew Street at number 17 . The Board is well aware of my concerns , as I have expressed them in the past. In light of public policy reasons supporting elder care, I would request that. if the special permit is granted, it be conditioned upon the occupancy of both units in the dwelling by members of the same immediate family. This would be in keeping with the usage of the house for over thirty years . Prior to being purchased by the Pierces the house was occupied by Mary Tyburski and her brother, Pat Mullen, and his wife . Thank you for your attention to this matter. �=aryJane Siincerely, S irgwolt co.rng4 ?4A " Citp of *aftm, Aiaq,5acbugrtt!5 -fire Department 3)ec-0quirter5 481afapette street I&alem, Sh1a.01970 Joseph F. Sullivan Chief City o4 Satem Re: 22 Andrew Street Board of Appeat Daniet & Tnaey Ptence One Satem Gxeen Hearting date: Juty 19, 1989 The pnopenty tocated at #22 Andrew Street ha6 cwtcent comp2.iance with the paoviAioru of Chapter 148, Section. 26E, Ma,"achwett.6 Genewt Law,6 netative to the i.n,5tatfation o6 automatic emoke de.tecto)u. The Satem Fine Deportment ha.a no objection to the granting o4 a Variance & Spece:aE Penm-it to extend a nun-conionmi.ng dwe ting at th.i6 Location. Signed, Robert W. Twcnen, Fine Ma4what BOARD OF APPEALS JUL iu 3 47 PH '89 6 July 1989 RECEIVED CITY OF SALEM,MASS. Mr.James M.Fleming,Chairman Board of Appeal City of Salem One Salem Green Salem,MA 01970 Dear Mr.Fleming, 1 I/we,as neighbors and abutters of Daniel and Tracy Pierce,22 Andrew Street,Salem, J support their appeal for a Special Permit to extend nonconforming dwelling and a / Variance to allow parking of three cars. t I/we have inspected the submitted drawings and have no opposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood,in fact,the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between our properties. Signed, Nam,�e} n 0 Address o`f7abuttin operty BOARD Of APPEALS JUL 12 10 13 W T RECEIVED CITY OF SALEM-MASS- 6 July 1989 Mr.James M.Fleming,Chairman Board of Appeal City of Salem One Salem Green Salem,MA 01970 Dear Mr.Fleming, I/we,as neighbors and abutters of Daniel and Tracy Pierce,22 Andrew Street,Salem, support their appeal for a Special Permit to extend nonconforming dwelling and a Variance to allow parking of three cars. I/we have inspected the submitted drawings and have no opposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood,in fact,the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between our properties. Signed, ��,J SL,��'fT Name Address of abutting property Y gOAitO OF APPEALS 17 Andrew Street Salem, MA 01970 Jug 19 32 PN �a9 July 19 , 1989 RECO•IVEO James Fleming CITY OF SALEM,MASS. Chairman Board of Appeal Salem, MA 01970 Chairman Fleming and members of the Board, I am sorry that I am unable to attend tonight' s meeting due to a prior family commitment. I am writing to express my concerns over the`p/etition for a special permit to build an addition at 22 Andrew Street. I live diagonally across Andrew Street at number 17 . The Board is well aware of my concerns , as I have expressed them in the past. In light of public policy reasons supporting elder care, I would request that if the special permit is granted (,_u it be conditioned upon the occupancy of both units in the dwelling by members of the same immediate family. This would be in keeping with the usage of the house for over thirty years. Prior to being purchased by the Pierces the house was occupied by Mary Tyburski and her brother, Pat Mullen, and his wife. Thank you for your attention to this matter. Sincerely, �=aryJane S BOARD OF APPEALS JUL 10 3 47 PM `89 6 July 1989 RECEIVED CITY OF SALEM,MASS. Mr.James M.Fleming,Chairman Board of Appeal City of Salem One Salem Green Salem, MA 01970 Dear Mr.Fleming, I/we, as neighbors and abutters of Daniel and Tracy Pierce,22 Andrew Street,Salem, support their appeal for a Special Permit to extend nonconforming dwelling and a f Variance to allow parking of three cars. I/we have inspected the submitted drawings and have no opposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood, in fact, the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between our properties. Signed, Address of abuttin operty BOARD OF t�PPEALS JUL 12 10 , -3 W 'B9 RE C E I v"E 0 CITY OF SALEh4-MASS. 6 July 1989 Mr.James M.Fleming,Chairman Board of Appeal City of Salem One Salem Green Salem, MA 01970 Dear Mr.Fleming, I/we,as neighbors and abutters of Daniel and Tracy Pierce, 22 Andrew Street,Salem, support their appeal for a Special Permit to extend nonconforming dwelling and a Variance to allow parking of three cars. I/we have inspected the submitted drawings and have no opposition to the addition under consideration. The proposed addition will not adversely effect the health and welfare of the neighborhood, in fact,the design preserves the integrity of the existing house and the removal of the shed will be a significant visual improvement. With respect to the parking variance, I/we support maintaining the pre-existing parking for three cars. I/we feel that it is important to preserve the existing landscaping in the backyard in order to maintain open space and to provide a green buffer zone between our properties. 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