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10 DEARBORN STREET - ZBA 10 Dearborn St. ' R-2 G,ail & James Sagris 21- 2� DATE OF HEARING PETITIONER LOCATIO MOTION: 70 GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE = ECOND �=l /()' A s ROLL CALL PRESENT)V GRANT DENY WITHDRAW RE-HEAR CONTINUE RICHARD BENGAL RICHARD FEBONI FRANCIS GREALISH E D%UZ_U;Z_�� STEPHEN TOUCHETTE ASSOCIATE MEMBERS RONALD PLANTE AR�HUR LABBEC'01 E CONDITIONS: Levi rig 0,60"40 , we IV tih3 '"' �' �� � � F �'�) N u i � �. 3.w [1 .] 0 __ �j G p �� � ', � _ _ i � _-.:_._ 9 � � �. ` s �, i �� � �r � fi T. � fl � j ,� ,,, m 4�::�+i+� . �. � � �t � ; � � I`ful r I �� � � � fit . �- �;� �� nps 92 5 11A (t .k A41 Ctu of -`z5alem, 'fmaqzzidjusetts 'Bourb- of Av I - peal DECISION ON THE PETITION OF GAIL AND JAMES SAGRIS FOR A SPECIAL PERMIT AT 10 DEARBORN ST. (R-2) A hearing on this petition was held September 30, 1992 and continued until October 21, 1992, the following Board Members were present: Richard Bencal, Chairman; Richard Febonio, Vice Chairman; Francis X. Grealish, Jr. , Secretary and Stephen C. Touchette. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News. Petitioners, owners of the property, are requesting a Special Permit to extend side and rear setbacks to ailow construction of a second story deck. The property is located in an R-2 district (residential two family) Before hearing the merits of this petition, the Board of Appeal must decide whether or not there is substantial and material change from a previous petition which was denied by this Board on July 22, 1992. Said previous petition was for a Special Permit to extend nonconforming rear and side setbacks to allow construction of a second story deck. Consent from the City of Salem Planning Board was received and placed on record. The Board of Appeal, after hearing the evidence presented and after viewing the plan submitted voted one ( 1 ) in favor of hearing this repetitive petition, three (3) opposed. The motion to hear the petition failed to garner the required four (4 ) affirmative votes needed to pass and therefore does not carry, the motion is denied. The Board concludes there is not substantial or material change and the petition will not be heard. REQUEST TO HEAR REPETITIVE PETITION DENIED October 21, 1992 Francis X. Grealish Jr. , Secretary Board of Appeal DECISION ON THE PETITION OF GAIL AND JAMES SAGRIS FOR A SPECIAL PERMIT AT 10 DEARBORN ST. , SALEM page two 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/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 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 C= S2 C�l C'l Cl: C00ir, I Salem Historical Commission ONE SALEM GREEN,SALEM,MASSAGHUSET-rS 01970 (508)745-9595 EXT. 311 September 23, 1992 Richard Bencal , Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Chairman Bencal : The Salem Historical Commission is in receipt of your agenda for September 30, 1992 of_which petitiong for - �10=-Dearboi�i—Street�wil-1 be heard. The Commission has enclosed building survey forms for *4d=RW NW&�rO:Deiarborn—Street-.-.,.. imp, 10 Dearborn Street was built circa 1810 and is one of Dearborn Street ' s earliest dwellings . While the Commission takes no position on either petition, we are hopeful that any alterations or new construction approved will be sympathetic to the historic architecture of the buildings and their neighborhoods . In this regard, we would be pleased to offer design review, should the Board of Appeal request such services . The property located at 117 Derby Street is located within the Derby Street,. Historic District and any work proposed will require approval froftsthe Salem Historical Commission. Th' will include the remova Nterattihoen or construction fencing, the f 1 >tion -0 )f g construction ol w installation of hting�and signage or the construction of ny features thtt--�are not substantially at grade level . The Commi ion is corlodr-ned that the introduction of paving materials without s , ic .edt landscaping and screening will have a detrimental effect the historic streetscape and the residential neighborhood is i f particular concern, since the property is located diz ct in fron of the House of Seven Gables which is listed o he N onal Regis r of Historic Places and receives visits�;rom1hundreds of thous i n of tourists annually. s The Commi.%s.� trusts that you will consi er he impact that your decision will have on the historic district d will make any permits or variances conditional upon appropria e mitigation of these issues . Thank you for your consideration. Sincerely, D c THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman JG\JG\BQA117D kREA FORM NO. -7 LOILM B BUILDING F-NSSAC-zUS=S HISTORICAL COMMISSION 80 301-LSTON ST=T-, BOSTON, MA 02116 Salem 1 10 Dearborn Street c Name Present Residential iginal TzPq41qPrV i2l RIFTIOW: c. 1810 ce n)�,ervp r i on S=-TCH !%P show property's location in relation Style :o nearest c=oss streets and/or geographical features. Indicate Architect -11 1)uildings between inventoried E=erior wall fabric__aaa��� I ? :optrty and nearest intersection. ladicate north. outbuildings Major alterations (vith dates) -rod an�i Victorian brac',e d 6onrl second story bav Moved Date- Approx. acreage less than one..acre Recorded by Debra Hilbert Setting Residential Crganization Salem Planning Dep�trent Date QP0; (Staple additional sheets here) ARLu irp chi u"es and .,—=r,rLR.%L 5:2�IFICk%,CE C,.De crtant ar tectLzral feat _scribe evaluate in terms of other buildings within the co===itY-) This house is one of Dearborn SLreet ' s earliest dwellings. in its vernacular character, the dwelling is similar to many in Salem. it has a gambrel roof and a 3-bay symmetrically arrangcd facade with a center entry. Decorating this cntry is the Virtorian feature of a,. bracketed doorhood suppoitii,g a Becond story bay. other features are the pedimented dormers, rear leanto, west end wing, and placement of the second story windows close to the roof eaves. HISTORICAL SI aNIFFICANICEE (Explain the role owners played in 1OCal Or state history and haw the building relates to the development of the co.=r1itY-) Deed researcl, would be needed to identify the early owner(s) of this property but by 1851 it was the home of shoea,aker Joseph Srnit� - The house remained in the Smith family as late as 189". Later it was purchased by Frank E. Locke (see 31 Dearborn Street ) who rented the house to teamster Howard A. Sylvester and Julia E. Smith, occupation unknown. Because �f t�:e large number of tanneric5 located along thz banks of cle Narth River , many shoemakers and leather workers livee in Vorth Salem during the 19th century. The area also develoted as a suburban neighborhood for professional and clerical people who worked in downtown Salem... Before such residential subdivision began, ownership of land in the Nlort.hf iele5 , as this part of Salem was called, was '-ased on a system of communal proprietorship for argricultural ourDoses. By the mid-18th century individual own2rship began to replace the notion of land held in common by. a group of proprietors and during the 19th century houses were b'.ilL in lar�e nt�mbprs. Judging by its appearance , Lhi� house was built shortly after Dearborn street was opene� in 1810. BIBLIOGP�-?Hy ard/or (nar-- Of publir-atian, authar, date and publisher) 1851 , 1874, 1897, 1911 Salem -Map & Atlases 18153 , 1911 Salem Directories 7/82 4ddress: 1 , Ctv of *atenl, 4assac4usrtts (out onlent (grun Richard Bencal September 18, 1992 Chairman Board of Appeal One Salem Green Salem, MA 01970 RE: 10 DEARBORN STREET Dear Mr . Bencal : On September 17 , 1992 , in accordance with Massachusetts General Law Chapter 40A, Section 16, the Salem Planning Board met to discuss the application of Gail and James Sagris for a "Determination of Specific and Material Change" to their plans for 10 Dearborn Street which were denied by the Board of Appeal on July 22, 1992 . Mr . and Mrs . Sagris ' amended plan includes a change in the size of the deck . As required by State law for this petition to be resubmitted to the Board of Appeal within two ( 2 ) years of unfavorable action by the Board of Appeal , the Planning Board voted by a vote of six in favor , none opposed that "Specific and Material Changes" have been made to the petition which was denied by the Board of Appeal . Sincerely, Walter B. Power , II I Chairman EX\DH\BOASAGRIS DATE OF HEARING PETITIONER LOCATION MOTION: TO GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO W SECOND TO CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTTNUE R CHA BENCAL Z�l _ 10Sf PTf5T9F`NT I RICHARD�'FMNIO ASSOCIATE MEMBERS 'MCQUE ART CONDITIONS: DATE OF HEARING PETITIONER LOCATION MOTION: TO GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND 2 TO CONT SECOND W ROLL CALL INU:RESENT RANT DENY ITHDRAW RE-HEAR CONTINUE RICHARD BENCAL RICHARD' FEWNIO EawAug-"al"LL M"Yt�42E- ASSOCIATE MEMBERS _AiAkm=mEEf_ ARTHUR LABRECQUE CONDITIONS: ni Qlit� of �Salvm, 'Massadjusetts Pourb of �k"ral November 2 1992 NOTICE IS HEREBY GIVEN THAT AS OF OCTOBER 28, 1992 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO DENY SUBSTANTIAL CHANGE REGARDING THE PETITION OF GAIL AND JAMES SAGRIS FOR A SPECIAL PERMIT TO ALLOW CONSTRUCTION OF A DECK AT 10 DEARBORN ST. THIS WAS A-REPETITIVE PETITION AND AS THE BOARD- OF APPEAL FOUND THERE WAS NO SUBSTANTIAL OR MATERIAL CHANGE FROM THE PREVIOUS DECISION OF JULY 22, 1992, THE BOARD DID NOT HEAR THIS PETITION. BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board 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/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 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 jtV of -,��njem, fflasBacilusetts Bourb of peal October 7, 1992 Kevin Daly, Esq. City Solicitor City of Salem Dear Mr. Daly: At the last meeting of the Board of Appeal the hearing was opened on a petition which under MGL Chapter 40A falls under the guidelines of a repetitive petition as we had denied a similar petition within the past two years. During the reading of the correspondence to the Board, a letter from the Planning Board that found significant and material changes had been read. However, the letter from the Planning Board, a copy of which is attached, indicated the vote was 6-0 in favor. A question arose as to whether the 6-0 vote constitutes proper passage from the Planning Board. During the discussion on this issue, two questions arose, one, is this 6-0 vote adequate under MGL Chapter 40A and any other related statutes, or two, is a vote of eight of the nine members of the Planning Board required. We have continued this petition until October 21, 1992 and are awaiting your written reply. As you can see, time is of the essence in this matter. I trust that as with all previous correspondence with this Board that we will hear from you in the time frame required. Please contact me should you have any questions on this matter. Cordially yours, Richard A. Bencal, Chairman Zoning Board of Appeal RAB:bms cc: City Clerk low �ARTER & TOWERS ENGINEERING CORP. lJoseph D.Carter Professional Engineer Registered Land Surveyor 6 FAIRVIEW AVENUE SWAMPSCOTT. MASS. 01907 Tel, 592-8386 AS—BUILT PLOT PLAN Salem, MA Owners : James H. & Gail E. Sagris Date : June 15 , 1992 Scale : 1 "=201 -Z A 3'± I hereby certify that the structures depicted are located on the ErA shown h r rof ssional Lan Surveyor ��k OF jOSEPH D. RT S NO. 9 7 CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING all It AVh k7 14 Septemb6r,2 1992 We; the undersign�d, as n�ighbors and abLtOrs are' in favor, 4� of' the deck t h 6 Sa"g' r i's wish"t o�l ,build-on th6ir 'p�r' operty at' 10' Dear�or'n St (Oiv .'a;5 7P a �4- I Ae 0. V v 69, �0/1�1 ZO C, "A- J-7 v, t ,-UP—L�" AZ V"i '�k A. --f &1 7 e_-L' jel Z, v V -jbz�f�-16- rcl -X4 9 -7 1s7- a -76; ,wv, �? 1 �0 ly� lq - o 19 10 -70 4&*� - AV+ L IVA, aAr Oe <jA ZST tA- 'r7 k"L 46,,� 32> UO)ao-I CY -14F 604RD OF -APPEtLS OCT 2Z 00 A! 2 CITY OF Maureen Grocki 19 Upham Street Salem, 14A 01970 October 15, 1992 City of Salem Planning Board/ i� /a-ppe'q(.!-D One Salem Green Mr . Chairman, i wish to express my support for the construction of first and second floor decks at 10 Dearborn Street by Gail and James Sagris. As an abutter I feel this construction would allow the Sagris family to enjoy their property and pose no negative impact on the neighborhood. Gail and James Sagris have been considerate neighbors who deserve to be able to relax and take in a cool breeze while in their own yard. APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . ditu af �J=b of A"rzi A TO THE BOARD OF APPEALS: certain Qarcei of land locatea ,e Unoer;iqnV re resent �at "e s are �he owners of - -treet ing Oistrict.4:2�-. J4 7on 0_4 . . . . . . . . . . . . . . . . . . . . . . . . . . . .. :0. ana said parcel is affectea Dy Sectionts ) . . . . . . . . . . . . . . . . the Massacnusetts State Building Code. lans describing the work proposed, have been submitted to the Inspector of Buildings in �;cordance with Section IX A. 1 of the Zoning Ordinance. C= LZ cation for Permit was denied by the Inspector of Buildings 'or the following �asoris he Under�iqnea hereby petitions the Board of Appeals to vary the terms of the Salem oning Ordinance and/or the Building Code and order the Inspector of Buildings to �pprove the application fee permit to build as filed. as the enforcement of aid I onina tly-Laws and Building Code would involve practical difficulty or unnecessary iardstiiQ, to the Undersigned and relief may be granted without substantially dero- atinq rrom the intent and purpose of the Zoning Ordinance and Building Code for he rollowinq reasons: Owner.Aml-- . . . . . . . . . . Address. -Nveez,). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone. . . . ePetitioner, ,j . . .. . . Address. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ,Date. / . . . . . . . . . . . . . . . . . . . Telephone. . . .7.4. n By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . .. Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. &A 177A Pla� aJL4 4v 47 alt ft.� R�V ----------------- ------- ol �Y2 C4� Gm C-L;" L4 .Um 1, 0-100, '.ARTER & TOWERS ENGINEERING CORP. josepm 0.Carier Prolessionai Eng,neef 6 FAIRVIEW AVENUE Registefea Land Sutveyor SWAMPSCOTT, MASS. 01907 Tel. 592-8386 ""S-BUILT PLOT PLAN Saiem, MA Owners : James H . & Gail E. Sagris —'7 Date : June 15 , 1992 Scale : I "=20 ' In -.�7 F + T7 1431 1 hereby certify that the — structures depicted are located on the ,�. as EA--�7 a C)F� j shown h r rot ssionai Lana Survevor OF J SEPH D. R R Z; No. 7 rs t CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING 1'17 jig Ld Ld OVP S'A 71 OQL Qi 14 oil Ir,c� bL 0 "Ic 10 61) 610 6 sc 6 Ix e cp 3 J, oc� X 0 19 IX ,v (I-5b et, ,ol _A LA IX October 20, 1992 City of Salem, Ma. Office of the City Council City Hall Washington St . Salem, Ma. , 01970 Dear Council Members/Board of Appeal members: We are wirtin-, in support of dames and �Iail Sagris, at 10 Dearborn St . We do not see any problem in tI-Paddi- tion of the deck to be attached to their property at this address . We also understand they have included a privacy wall in their plans . We have lived in Ward 6 for many years and this is a relatively quiet area and do not forsee any IDroblems with this addition. Sincerely, Norman H. Chen"ey v Donna A. Cheney 18 Upham St . Salem, Ma. 01970 0 Zez�- � z 54 L4 c)"k -9 &j�X Zt. IIA 720("1 C� X Yl T T ol - 4i ------------ FIF�l 69 oq 7< 730 I L MhUX I ----------- r) 77V I n(N, -I F- Ij I 7�. ... 77 47 -7-7 bxe "All �YR 10 JS 92VV_)Q�'. 0 t -7F;� c- in (11ifn rif (office of the (fiftl (flaunril Tit"gizill COUNCILLORS-AT-LARGE DONALD T. BATES WARD COUNCILLORS 1992 PRESIDENT 1992 DONALD T.RATES JOSEPHINE R. FUSCO GEORGE A.NOWAK GEORGE P.McCABE CITY CLERK KEVIN R.HARVEY JANE STIRGWOLT VINCENT J.FURFARO STANLEY J.USOVICZ.JR. LEONARD F.0 LEARY October 15 , 1992 DAVID B.GAUDREAULT SARAH M.HAYES MARK E.BLAIR Mr. & Mrs . James Sagris 10 Dearborn Street Salem, YA 01970 Dear Mr. & Mrs . Sagris : I find it necessary to take this opportunity to respond to your to me, dated October 6 , 1992 . This letter was filled with inaccuracies that need to be corrected. The fact is that when I sooke with you about your deck, I told you (,-ui-.e straight-forwardly that you needed to obtain a special permir -rom the Board of Appeal in order to build it. I explained to you that your project was stopped since you had not obtained a building permit, as you were required to do. I had noth�ing to do with stopping the project, nor did I have any knowledge that the project was stopped. It was halted by the Building Inspector, after he had determined that you had not been issued a building permit. I also �oid you that, you should show your nearest abutters your plans and demonstrate to them that your project would not impact adversely on their lives . Soon after talking with you, I spoke with Mrs . Shirley LeFleur of 8 Dearborn Street, your next door neighbor, who has lived there for over forty years . Mrs . LeFleur said that you never consulted her when you began building without a permit . Mrs . LeFleur became alarmed when she observed your second story deck, on a level with her bedroom windows and less than ten ( 10) feet from those windows . You fail to oo-int out in your letter that on July 22 , 1992 , the Board of Appeal denied your request for a Special Permit. The Board found the Special Permit requested would be substantially detrimental to the public good and would substantially derogate from the purpose of the Zoning Ordinance. The Board also said that the Special Permit would not be in harmony with the neighborhood. You failed to state that the Board of Appeal denied your project, without any input from me. I subsequently spoke to Mrs . LeFleur when you asked that your project again be considered by the Board of �ppeal . After that conversation, I felt that I agreed with the original Board of Appeal decision that because your second floor deck had such a negative impact on Mrs . LeFleur ' s bedroom area, your project was not in harmony with the neighborhood. I I then wrote my letter to the Board of Appeal , and it is rewarding that the Board gave it such deference. As you point out, the job of a ward councillor is to represent the interests of the entire ward, and I have done so for the past five (5 ) years . However, this is not an issue that affects the entire ward. This issue affects you and Mrs . LeFleur, only. And I have sided with Mrs . LeFleur since, in my opinion, your proposed second floor deck would have a very negative impact on the quality of her life. I know that my position will not please you. However, I am available to meet with you at a mutually convenient time. Simple call me at 745-0505, and I would be glad to do so. Sincerely yours , SARAH M. HAYES COUNCILLOR WARD SIX CC : Board of Appeali-. ' Planning Board 2 Ctu of (IDne SaIrm (6run October 19 , 1992 Richard Bencal Chairman Board of Appeal One Salem Green Salem, MA 01970 RE: 10 DEARBORN STREET Dear Mr . Bencal : On October 15, 1992, in accordance with Massachusetts General Law Chapter 40A, Section 16 , the Salem Planning Board met to discuss the application of Gail and James Sagris for a "Determination of Specific and Material Change" to their plans for 10 Dearborn Street which were denied by the Board of Appeal on July 22, 1992 . Mr . and Mrs. Sagris ' amended plan includes a decrease in the size of the deck from 116 . 36 square feet to 100. 03 square feet, a reduction of 16. 33 square feet. As required by State law for this petition to be resubmitted to the Board of Appeal within two ( 2) years of unfavorable action �y the Board of Appeal, the Planning Board voted by a vote of eight in favor, none opposed, that "Specific and Material Changes" have been made to the petition which was denied by the Board of Appeal . Sincerely, Walter B. Power, III Chairman EX\DH\BOASAGRIS . � °�° �� T ` < c � , h p...e a Y F' " �� i _. y / BOARD OF APPEALS OCT 22 1 oo AM '92 RECEIVEO CITY OF SALEM,MASS. Maureen Grocki 19 Upham Street Salem, MA 01970 October 15, 1992 City of Salem Planning Boardp�O'J�D df�' One Salem Green Mr,. Chairman, I wish to express my support for the construction of first and second floor decks at 10 Dearborn Street by Gail and James Sagris. As an abutter I feel this construction would allow the Sagris family to enjoy their property and pose no negative impact on the neighborhood. Gail and James Sagris have been considerate neighbors who deserve to be able to relax and take in a cool breeze while in their own yard. APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . . . dit-a af �%Ignt, �ffassarhuspifs �ivarb af :�ppral TO THE BOARD OF APPEALS: )e Unaer;i esent that �e Is are the owners of certain parcel of land locateo - treet 7 10 "2��. . . . . . . . . . . . . . . . . . . . . . . . . . . .. ; -oning District.,!:�:4-. . . . . . . . . . . . . . . . . . . . . . ; ana said parcel is affectea by Section( s ) . . . . . . . . . . . . . . . . ,f the Massacnusetts State Building Code. lans describing the work proposed, have been submitted to the Inspector of Buildings in :ccordance with Section IX A. 1 of the Zoning Ordinance. C.r) Sa C= U1 -he ADolication for Permit was denied by the Inspector of Buildings "or the following easons : .-he Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem .oning Ordinance and/or the Building Code and order the Inspector of Buildings to ipprove the application fee perTnit to build as filed, as the enforcement of said -oninq By-Laws and Building Code would involve practical difficulty or unnecessary iardship to the Undersigned and relief Tnay be granted without substantially dero- jatinq from the intent and purpose of the Zoning Ordinance and Building Code for 'he (allowing reasons: - 2�e�46 VMe- 0 w n e r . . . . . . . . . . Address. .14) . . . . . . . . . . . . Telephone. . . . Y . . . . . . . . . . . . . . . . . . . Peti ti oner <�5. .1 I�T . . . . . . M :1T/ Address. . . . . . . . . . . . . . . . . . . .. . . . . Date. Telephone. . . . . . . . . . . . . . . . . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . .. four weeks prior to the meeting of the Board of Appeals. Check payable to Evening News. 'ARTER & TOWERS ENGINEERING CORP. Joseph 0.Caher Protessional Engineer 6 FAIRVIEW AVENUE Registered Land Surveyor SWAMPSCOTT, MASS. 01907 Tel. 592-8386 AS-BUILT PLOT PLAN Salem, MA Owners : James H . & Gail E. Sagris Date : June 15 , 1992 Scale : I "=20 ' +t I hereby certify that the structures depicted are loc t d th as C)EFA ;;Zai=,F�'�J shown r rcf(�ssional Land Surveyor i _FPH D. FIT Z; No. f7t CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING X4 It C)\ zn Ll F _7 1 134 rill RN qo X Lq CN "V,104 -�6 rj It I �7,A. Lk 19 1p 10 E-1 cn 43�, c �io -N;, X1, 71 Nr, Xx�- ("Ou Ct, IQ r)v AN IM 11 01- c d Ns� Tit-q of (Offire of the (11ttla (faunril altv W1 COUNCILLORS-AT-LARGE DONALD T. BATES WARD COUNCILLORS 1992 PRESIDENT 1992 DONALD T.BATES GEORGE A.NOWAK JOSEPHINE R. FUSCO KEVIN R.HARVEY GEORGE P.McCABE CITY CLERK VINCENT J.FURFARO JANE STIRGWOLT STANLEY J.USOIACZ.JR. LEONARD F.O'LEARY DAVID B.GAUDREAULT September 30, 1992 SARAH M.HAYES MARK E.BLAIR Board of Appeal City of Salem Salem, MA 01970 RE: Petition of Gail & James Sagris Dear Distinguished Members : I am writing to indicate my opposition to the petition of Gail and James Sagris for a Special Permit to allow construction of a deck at 10 Dearborn Street. The first basis of my opposition is that I firmly believe the current petition before you has not substantially changed from the petition submitted by Mr. and Mrs . Sagris a few short months ago, which the Board rightfully denied. Secondly, present plans continue to show the deck on the second floor level . A deck at this height, in this closely built neighborhood, presents a very real problem to the abutters . From a deck at this height, there is a real potential of visual invasion into the abutter ' s bedrooms . Such a potential encroachment certainly does not promote the public convenience, morals or welfare of the city ' s inhabitants . Furthermore, such a potential encroachment would not be in harmony with the purpose and intent of the Zoning ordinance. Using the above guidelines, I urge you to deny the Sagris ' s petition. Ver truly yours, SARAH M. HAY S COUNCILLOR WARD S rX SMH/deb Tihq of ,''T§a1em, �Nazzar4usetts (offire of t4g Tibj Tounril COLINCILLORS-AT-LARGE DONALD T. IWES WARD COUNCILLORS 1992 PRESIDENT 1992 DONALD T.BATES JOSEPHINE R. FUSCO GEORGE A.NOWAK GEORGE P.MCCABE CITYCLERK KEVIN R.HARVEY JANE STIRGWOLT VINCENT J.FURFARO STANLEY J.USOVICZ,JR. LEONARD F.O'LEARY DAVID B.GAUDREAULT September 30, 1992 SARAH M.HAYES MARK E.BLAIR -Board of Appeal City of Salem Salem, MA 01970 RE : Petition of Gail & James Sagris Dear Distinguished Members : I am writing to indicate my opposition to the petition of Gail and James Sagris for a Special Permit to allow construction of a deck at 10 Dearborn Street. The first basis of my opposition is that I firmly believe the current petition before you has not substantially changed from the petition submitted by Mr. and Mrs . Sagris a few short months ago, which the Board rightfully denied. Secondly, present plans continue to show the deck on the second floor level . A deck at this height, in this closely built neighborhood, presents a very real problem to the abutters . From a deck at this height, there is a real potential of visual invasion into the abutter ' s bedrooms . Such a potential encroachment certainly does not promote the public convenience, morals or welfare of the city ' s inhabitants . Furthermore, such a potential encroachment would not be in harmony with the purpose and intent of the Zoning Ordinance. Using the above guidelines, I urge you to deny the Sagris ' s petition. Ver tr ly yours, SARAH M. HAYE S COUNCILLOR WARD S X SMH/deb 1,111A RM NO. FO FORM B BUILDING 3 -7 MASSA=- SETTS HISTORICAL COMMISSION 80 BOYLSTON STR=T', BOSTON, MA 02116 Salem 5 10 Dearborn Street c Name eat Residential ginal Rps-Wertial c. 1810 :e Observation S1=3 !!A? show property's location in relation Style Federal rea=est cross streets and/or geograthical features. Indicate Architect zll buildings between inventoried Exterior wall fabric wood 5hinples p-operty and nearest intersection. indic;te north. outbuildings th dates) Major alterations (�, i ;nC Victorian bracl,eted 600rhcod , J second storybay Moved Date- Approx. acreage less than onp- Porp Recorded b Debra Hilbert Setting Residential_ Crganization Date- 6pril _ 198.6 (Staple additional sheets here) �Vw ARL%jj—._=CrLjL�L 5:CNIFICkNCE (,Describe impertant architectural features and evaluate in terms of other buildings within the co=znity-) This house is one of Dearborn Street' s earliest dwellings. In its vernacular character, the dwelling is similar to many in Salem. it has a gambrel roof and a 3-bay symmetrically arranged facade with a center entry. Decorating this entry is the Virtorian feature of a.. bracketed doorhood supportii�g a second story bay. other features are the pedimented dormers, rear leanto, west end wing, and placement of the sccond story windows close to the roof eaves. HISTOpICAL SjajpjCAN=- (Explain the role owners played in local or state history and haw the building relates to the development of the C=Unity-) Deed researcl, would be needed to identify the early owner(s) of t.h-i5 property but by 1851 it was the home of shoefflaker Juseph Smit�.. The house remained in the Smith family as late as 1897. Later it was purchased by Frank E. Locke (see 31 Dearborn Street) who rented the house to teamster Howard A. Sylvester and Julia E. Smith, occupation unknown. Because of the large number of LanneriC5 located along th-z b�anks of tltp North River, many shoemakers and leather workers lived in North Salem during the 19th century. The area also develolped as a suburban neighborhood for professional and clerical people who worked in downtown Salem.. Before such residential subdivision began, ownership of land in the Worthfields, as this part of Salem was called, -gas based on a system of communal proprietorship for argricultural purposes. By the mid-18th century individual own--,rship began to replace the notion of land held in common by. a g-oup of prODrietors and during the 19th century houses were b-�ilt in large m1mbers . Judging by its appearance , thi� house was built shortly after Dearborn Street was opene2 in 1810. BIBLIOGAPHY and/or REETUZLNCES (r ,art- of publication, author, date and publishet 1851 , 1874, 1897, 1911 Salem -Map & Atlases 18153 , 1911 Salem Directories 7 7/B2 Address: APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . of "inigm, Alsour4usefts �Rvarb of '4peal TO THE BOARD OF APPEALS: The Undersigned represent that he is are - the owners of a certain parcel of land located a t NO. ./49. xnzk�a�r . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.4:2�-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. C.02 Uj rno C= VK L; 01 "CP CD C) =3: v. Lz co t.) t" r� The Application for Permit was denied by the Inspector of Buildings for the following reasons: )WW The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: 4U_6� ,vex b""r"'6 Owner. . . . . . . . . . . Address. ;:57. . . . . . . . . . . . . Telephone. . . .Z�7_1405_1 . . . . . . . . . . . . . . . . . . . Petitioner e"�. . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . D ate.'N�6y4k'0-0z- Telephone. . . . A/,'sl. . . . . . . . . . . . . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . . .. . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.................................... PETITION TO BOARD OF APPEALS LOCATION .................''...................I......................... PEI I I IONUK.............. ................ ......... ADDRESS........--.......... ....................... ................................................ CONDII IONS ............................ .................................... ........................ ....................................... ......................................... ...................... ............................................... ................. .............. ...................................... ........... ..........I...................................................... ,PETITION APPROVED...... ............. DENIED......................... .............................................1 19......... CARTER & TOWERS ENGINEERIN,G CORP. Joseph D.Carter Professional Engineer 6 FAIRVIEW AVENUE Registered Land Sur�eyor SWAMPSCOTT, MASS. 01907 Tel. 592-8386 AS-BUILT PLOT PLAN Salem, MA Owners : James H. & Gail E. Sagris Date : June 15 , 1992 Scale: I "=20 ' 7 N -Z z �j G I hereby certify that the -3't structures depicted are located on the as CD E"A P�Zac>F�,�_J shown 're rof ssional Land Surveyor OF JOSEPH D CARTER NO.M7 CfST� CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING Tz�'Ef�_: G�K Pr__ C__1 /(5<ZDS5 MAKEPEACE 135989 Ell cz�l 1Z, .......... wl_ N" cv I ILI AV Cf. 4%N ul aw 0 ZO ep GJ rq I" .K",p sv NV A I'd ks, (jv C2"'.1 5F vq\ V1. APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . BOARD OF APPEALS (94 af infem, Mussar4usetts �Rvarb af 4ral SEP 11 12 02 AX !32 TO THE BOARD OF APPEALS: CITY OF SALEM,�JP�SS. The Undersigned represe t that he is are the owners of a certain parcel of land located at No. . . . . . . . . . . . /f'? V&4 -1 ._� le . . :i/ . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and said parcel is affected by Section(s ) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accor!�ance W�.th Section IX A. I of the Zoning Ordinance. CL CL CD Cn W V) C= cr_ < co C1_j (j The Application for Permit was denied by the Inspector of Buildings for the following reasons : )a,w The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: 0 w n e r . . . . . . . . . Address. 112. K2 - ;�7.. . . . . . . . . . . . Telephone. . . 10-01. . . . . . . . . . . . . . . . . . . Petitioner. . . X10"W-1. . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . D ate. Telephone. . . . . A��l. . . . . . . . . . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.................................... PETITION TO BOARD OF APPEALS LOCALION ...........................I...... --l-,.................... PEI 11 IONER............. ....... ...... ......... ADDRESS... ......-.............. .......... ........ ................................................ CONDII IONS ..........................I ......I............................. ................... .... ....................................... ................................................................ ................................................................. ..................................--........................... ................................................................. ,PETITION APPROVED.................... DENIED......................... .............................................1 19......... ARTER & TOWERS ENGINEERING CORP. Joseph D.Carter Professional Engineer 6 FAIRVIEW AVENUE Registered Land Surveyor SWAMPSCOTT. MASS. 01907 Tel. 592-8386 AS-BUILT PLOT PLAN Salem, MA Owners : James H. & Gail E. Sagris Date: June 15, 1992 Scale: I "=20 ' -2 < L_cz:>-r V, _L_/�j G I hereby certify that the structures depicted are located on the as shown r rof(�ssional Land Surveyor OF JOSEPH D. CAR No. 7 CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING T_-"T�-I= Es'K S(�'- C>4 13CD85 MAKEPEACE 135989 CARTER & TOWERS EN13INEERIN.13 CORP. Yumejo, Joseph D.Carter 6 FAIRVIEW AVENUE Professional Engineer SWAMPSCOTT. MASS. 01907 Registered Land Surveyor Tel. 592-8386 AS-BUILT PLOT PLAN Salem, MA Owners : James H. & Gail E. Sagris Date : June 15 , 1992 Scale: I "=20 ' c>-r 9 11 251519 F. I hereby certify that the 4 structures depicted are located on the E-A F;�_F3�C>FT�J shown r as r f ssilp L �d�Sveyor JOSEPH D. CARTER No. gm? �CTST;t CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING T��Ef=-: Z3< )��_ C-1 45CD85 MAKEKACE 135989 V-0�4 \pCA on� 47 ic) Lei -pi 1�\� 03- P�,g, !WxI ih, IN Ile ol z/ OR" tg d4 ba �Aafi rn I NI F-P -.......... Cl ;=1 7� 2111� (R 0, T itu of Bourb of A peal Ir /54 (n A 6?ee tot— C,rn C3 ON THE PETITION OF GAIL AND JAMES SAGRIS __0 '10 ECIAL PERMIT AT 10 DEARBORN ST. (R-2) rn r- L.0 ring on this petition was held July 22, 1992 with the- following ar Members present: Ricjiard Bencal, Chairman; Rj"h rd Febonio, A�';F c-is.Grealish, Jr. , Steghem Touchette and Associate Member Arthur -7,,k�orecque. Notice of the hearing was sent to abutters and others and 41notices -of the hearing were properly published in the Salem Evening .News, in accordance with Massachusetts General Laws Chapter 40A. itioners, owners of the property, are requesting a Special Permit ,extend nonconforming rear and side setback to allow construction of ecki. The property is located in an R-2 district. provision of the Salem Zoning Ordinance which is applicable to sirequest for a Special Permit is Section 5-3(j ) , which provides as lows: twithstanding anything to the contrary appearing in this Ordinance, e Board of Appeal may, in accordance with the procedure and nditions set forth in Sections 8-6 and 9-4 , grant Special Permits r alterations and reconstruction of nonconforming structures, and 'r..changes, enlargement, extension or expansion of nonconforming ots �,land, structures, and uses, provided, howev�r, that such change, xtension, enlargement or expansion shall not be substantially more than the existing nonconforming use to the neighborhood. 'K -In' more :general terms, this Board is, .when reviewing Special Permit 4 Ait�'requests, guided by the rule that a Special Permit request may be RA. i�:�granted. upon a, finding by the Board that the grant of the Special. A'Permit-iwill promote the public health, safety, convenience and welfare �.�.'t�.of. theCity's inhabitants. Mi� �� `� ., " . Ott '�RMThe 'Board of Appeal, after careful consideration of the evidence �.-vy'�re�ented at the hearing and after viewing the plans. makes the f 61 lowing findings of fact: W_ i iti; t,xfi� �'aimmediate rbutter was in opposition. "_E Afh� ecial Permit requested cannot be granted without substantial -tSp "'_�detriment to the public good or without nullifying and substantially TUerogating from the intent of the district or the purpose of the fl,'brdinance I��"e,tit V 14 4 DECISION ON THE PETITION OF GAIL AND JAMES SAGRIS FOR A SPECIAL PERMIT AT 10 DEARBORN ST. , SALEM page two IT 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 cannot be granted without substantial ,',��"*�f;�detriment to the public good or without nullifying and substantially -�-",,;derogating from the intent of the district or the purpose of the he granting of the Special Permit requested will not be in ny with the neighborhood and will not promote the 'public health, e y, convenience or welfare of the City,s inhabitants. iv refore, the Zoning Board of Appeal voted two ( 2) in favor o chette and Labrecque) three (3) against (Bencal, Febonio and A r ish) the. granting of the Special Permit requested. Having failed 011garner the four affirmative votes required to pass,. the motion to �'AQA';� rant fails and the petition for a Special Permit is denied.' �cial Permit Denied I ly 22, 1992 4 Y;, Stephen Touchette, Member Board of Appeal COPY OF THIS, DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE ITY CLERK 14 p eal from this decision, if any, shall be made pursu�nt to Section 7�of MGL Chapter, 40A and shall be filed within 20 days after the date f� filing of this decision in the office-of the City Clerk. Pursuant : 6.: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 �V", br,, Deeds and indexed under the name of the owner of record or is .recorded and nof:ed on the owner's Certificate of Title. Board of Appeal M Q 41R, C.3 �:X C5 zr