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12 BROOKS STREET - ZBA 12 BROOKS STREET j - - e / -- - _ � � s� � � � �� 1 , � � � � � Lega] Notice CRY OF SALEM BOARD OF APPEAL 978-745.9595,Ext 361 Will hold a public hearing for all "I persons interested in the petition sub- p, mitted by MICHAEL & MAUREEN of KAPNIS requesting Variances from 0 minimum lot area, minimum lot area E'. per dwelling and depth of front yard to f, t. construct a single family home for �. the property located at 12 Brooks r7 Street R-2.Said hearing will be held on Wednesday, June 15, 2005, 6:30 p.m., 120 Washington Street, 3rd floor,Room 313. .-, Nina Cohen,Chairman (6/1,8) v CITY OF SALEMO MASSACHUSETTS BOARD OF APPEAL CITY. OF SALE, MA 120 WASHINGTON STREET, 3RD FLOOR CLERK'S'OF3E E SALEM, MASSACHUSETTS 01970 TZLKPHON[: 976`745-9695 FAX: 978-740-9846 —d00b JUN 23 AIO� 55 REQUEST FOR AN EXTENSION OF THE VARIANCE GRANTED FOR MICHAEL &MAUREEN KAPNIS FOR THE PROPERTY LOCATED AT 12 BROOKS STREET R-2 At the hearing held on June 21, 2006,the Board of Appeal voted unanimously to allow a six (6) month extension for the Variance granted for Michael & Maureen Kapnis for the property located at 12Brooks Street. The six (6) month extension is based on the previous decision having been recorded at the City Clerk's office on June 29, 2005 and the extension is granted until December 29, 2006 t/ Nina Cohen, Chairma��'C�� Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANING 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Law Chapter 40A, Section 11, Variances 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 have 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 or the owner of the record or is recorded and noted on the owner's Certificate of Title Board of Appeal Stephen P. Lovely, Attorney at Law 14 Story Street Salem, Massachusetts 01970-2820 Telephone 978-745-8274 Fax 978-745-6573 Ms. Nina Cohen June 15, 2006 Chairperson Zoning Board of Appeal 120 Washington Street Salem, Massachusetts 01970 RE: 12 Brooks Street Dear Ms. Cohen; This office represents Michael and Maureen Kapnis relative to a variance which was granted to them for the property at 12 Brooks Street on June 29 2005 by the Salem Board of Appeal and duly recorded on or about July 10, 2005 at the Essex South Registry of Deeds in Book 24656 and Page 103. My clients respectful request that they be granted a six month extension pursuant to Massachusetts General Laws Chapter 40A Section 10. The statute states that if the rights authorized by a variance are not exercised within one year of the date of grant of such variance such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further,that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. Please accept this letter as their application for a six month extension. Thank you for your attention in this regard. Very tr ours, Steley Lo ely, Esq. LIO cc: Michael and Maureen Kapnis 63AI333N 9 I ;L d S I Nnf Soul ldN gwanlnn CITY OF SALEM ,yA CITY OF SALEM9 MASSACHUSETTS CLERK + BOARD OF APPEAL '$ OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TB05 JUN STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 29 A ID 24 MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF MICHAEL&MAUREEN KAPNIS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 BROOKS STREET R-2 A hearing on this petition was held on June 15,2005 with the following Board Members present;Richard Dionne,Edward Moriarty,Nicholas Helides,Nina Cohen and Steven Pinto. 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 Variances from minimum lot area,minimum lot area per dwelling&depth of front yard to construct a single family dwelling for the property located at 12 Brooks Street in an R-2 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 structures 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 arbstantially 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 plane, makes the following findings of fact: 1. Attorney Stephen Lovely of 14 Story Road appeared and represented the petitioners. 2. Mr. &Mrs. Kapnis had previously received a Variance for the lot sometime around 1989 but did not pursue building because of family circumstances. 3. A majority of the house lots were all 4500square fed or less which is the size of the lot at 12 Books Street. 4. Mrs. Doherty of 17 Lawrence Street appeared at the hearing in opposition to this Petition because it would restrict her view looking out the back of her house. .y DECISION OF THE PETITION OF MICHAEL&MAUREEN KAPNIS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 BROOKS STREET R-2 page two S. It was suggested through.Mr.Moriarty,a member of the Board that Mr. & Mrs. Kaptis plant trees and shrubs along the back of the property and it would improve the view of the back of their property and help Mrs.Doherty's view. On the basis of the above findings of fact,and on,the evidence presented the Board of Appeals finds as follows; 1. Special conditions exist when especially affect the subject property but not he District 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 fioea the intent of the district or the purpose of the Ordinance. Therefore,the Zoning Board of Appeal voted S in favor and 0 in opposition to grant the Variances requested,subject to the following conditiom: 1. Petitioner shall comply with all city and mate stature,ordinance,codes and regulations. 2. All consftucfm shall be done as per the plum 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. Petitioner shall obtain a Certificate of Occupancy. 6. Exterior finishes of the new construction shall be in harmony with the existing structures. 7. Petitioner shall obtain approval from any City Boards or Commissions having jurisdiction,but not limited to the Conservation Commission. 9. Pebbonw shall obtain proper street numbering from the City's Assessors Office and shall display numbers as to be visible fiom the street 9. Petitioner shall provide screening along rear lot with shrubs/trees. .y DECISION OF THE PETITION OF MICHAEL&MAUREEN KAPNIS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 BROOKS STREET R-2 VARIANCE GRANTED 0 JUNE 15,2005 Steven Pinto, Member Board of Appeal C l A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fivm this decision,if any,shall be made pursuant to Section 17 of the Mmuchuseft General Laws Chapter 40A,and shall be filed within 20 days date of filing of this decision in the office of the City Clerk Putsuazzt to Massachusetts General Laws Chapter 40A, Section 11,the variance or special Pem*granted herein shall not tate e>Iba until a copy of the decision bearing the certificate of the City Clerk that 20 days have dap W sod so appeal has baa 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 aid indexed inch the na=of the*w+w of recoed aris receded and nosed a the owner's Certifieft of Title. Board of Appeal Fred Volta '212 Jefferson Avenue Salem, Ma. 01970 Home Phone 978-317-2006 June 15, 2005 Ms. Nina Cohen City of Salem Zoning:Board,of Appeals 120 Washington Street Salem;MA: 01970 Dear Ms. Cohen, I am submitting;this.letter.in support:of Mr.&Mrs. Kapnis."s intention to improve the property.located at.##1.2 .Brooks Street,_having lived inthis, -;:area for 40 plus years I am well-aware_what.impact development has-had on our .area. 1 feel wholeheartedly that tWwould be an-asset to the_ne*hboorhhoed. If you could please make this letter-of support a matter of record it would be greatly appreciated. Sincerely, Fred Votta - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , — 12 Brook Street F —1 F 45, �„ H.H. Morant & Co., Inc. Architects - - - - - - — - - --� P.O. Box 4485 Salem, Massachusetts 01970-4485 (978) 744-5354 (978) 740-9161 fax Consultants: I I I , Job Number. 1 i hhm 05048 Date: I May 26, 2005 I No. Date Revision By: i I I i , 10'-0" I1_ n City of Salem 10—an+ I 10 ID - I I ' - I I r I I rroject: � I I Brook Street Residence I I ' 12 Brook Street \ Salem, Massachusetts w No. rw AL MA, S Zoning Information R2 Zone Required Actual Site F � Lot Area 15,00sa sf 4,500 sf I � Lot Wi6th 100 -011 501_011 \ Lot Coverage 35io 19.8io \ : : :.:.:.:':'.'.'.':':': :':':':': Front Ward Depth 15� �� 18, + -- -- - - - - -- Side Yard Depth 1st'-oil 10 _8 (R) 45'-0" Rear Yard Depth 30'-sa" 30'-o" ; Building Height (Feet) 35'-o" 32'-o" 1/'8 -0 r' n n Building Height (Stories) 2 1/2 2 1/2 0 Drawing Number: s Site Plan Based on the City of Salem ,4sses5ors Map #24, Lot 24-151 (4,5OOsf) ] hhm Flari, 1/0 = 1�-0u hhm 05-048 04/05)