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15 HIGH STREET - ZBA I� �l°�yk S�-� k. �' r� W ,goNu17Tgq� CITY OF SALEM, MASSACHUSETTS ` BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR r „ j SALEM, MASSACHUSETTS O 1970 TELEPHONE: 978-745-9595 INE FAX: 978-740-9846 ' KIMBERLEY DRISCOLL A 10: 21 MAYOR U CITv May4, 2011 t Po'& Decision City of Salem Zoning Board of Appeals Petition of PAULA PEARCE requesting a Special Permit and Variances from height, number of stories,lot area per dwelling unit, lot coverage, and front, side and rear setbacks in order to demolish the existing building on 15 HIGH STREET and construct a one-unit, three-story residence (R-2). A public hearing on the above Petition was opened on April 20,2011,pursuant to Mass General Law Ch. 40A, S 11. The hearing was closed on that date with the following Zoning Board of Appeals members present: Rebecca Curran,Elizabeth Debski, Richard Dionne, Annie Hams,Jamie Metsch, and Jimmy Tsitsinos (alternate). Petitioner seeks a Special Permit pursuant to Section 3.3.3 and Variances pursuant to Section 4.0 of the City of Salem Zoning Ordinances. Statements of fact: 1. 15 High Street, and the abutting properly at 17 Nigh Street, are owned by T. William Smith; petitioner Paula Pearce intends to purchase both. 2. 15 and 17 High Street are lots held in common ownership, but with two distinct uses, and have not merged for zoning or assessment purposes. 3. The petitioner,Paula Pearce, and her attorney, Alessandra Baldizzone Donovan, presented the petition at the hearing. 4. In a petition date-stamped April 7, 2011,the petitioner requested a Special Permit and Variances from number of stories, lot area per dwelling unit, lot coverage, and front, side and rear setbacks in order to demolish the existing building on 15 High Street and construct a one-unit,three-story residence. 5. At the hearing,the petitioner noted that three garage parking spaces would be included on site at 15 High Street— one for 15 High Street and two to be available for use for the two units on 17 High Street. 6. At the April 20, 2011 hearing, two residents asked questions about the proposal, but neither opposed it. Both residents noted that the proposal would improve the property. 2 The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, since the proposed project would improve the property and neighborhood and provide parking that does not currently exist. 2. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to,the Plans,Documents and testimony,the Zoning Board of Appeals concludes: 1. Variances from height,number of stories, lot area per dwelling unit, lot coverage, and front, side and rear setbacks are granted. 2. A Special Permit under Sec. 3.3.3 of the Salem Zoning Ordinance is granted. In consideration of the above the Salem Board of Appeals voted five 5 in favor Debski PP � ( ) ( Harris, Curran,Dionne and Metch in favor) and none (0) opposed,to grant petitioner's request for a Special Permit and a Variance subject to the following terms, conditions, and safeguards: 1. 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. A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible form the street. 7. Petitioner is to obtain approval from any City Board or Commission having Jurisdiction including, but not limited to,the Planning Board. 8. Petitioner will provide two (2) spaces at 15 Nigh Street for use by 17 High Street. Spaces will be secured by condominium documents or deed. 3 Rebecca Curran, Chair Salem 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 40A 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 40A,Section 11,the Variance or Special Penn it 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. gON01T ri Salem Historical Commission 120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970 (978)619-5685 FAX(978)740-0404 April 19, 2011 Rebecca Curran, Chair Zoning Board of Appeal 120 Washington Street Salem, MA 01970 RE: 15 High Street—Proposed Demolition Dear Ms. Curran: The Salem Historical Commission is in receipt of your agenda for April 20, 2011. Please be advised that 15 High Street is over 50 years old and is subject to the Demolition Delay Ordinance which states that a demolition permit cannot be obtained until six months have elapsed from the date that a demolition permit is requested,unless the Salem Historical Commission issues a Waiver of the Demolition Delay Ordinance to allow immediate demolition. The applicant should feel free to contact me regarding this process. Thank you for your consideration. Sincerel , J e A. Guy C erk THIRD FLOOR CEILING THIRD FLOOR CEILING THIRD FLOOR THIRD FLOOR J� SECOND FLOOR CEILING SECOND FLOOR CEILING J, SECOND FLOOR SECOND FLOOR FIRST FLOOR CEILING _ _ _ _ FIRST FLOOR CEILING C FIRST FLOOR - Y � FIRST FLOOR HIGH ST ELEVATION SIDE ELEVATION SCALE: 3/16" = 1'-0" SCALE: 3/16" = 1'-0" ©2011 HND ARCHITECTS 15 HIGH STREET - RESIDENCE SCALE: 3/16° = I -o" DRAWING: IS HIGH STREET, SALEM, MA 0190 DATE: MARCH 2B, 2011 Architects WMwftAve,MwbWe4MA01946 781-63177299 , THIRD FLOOR CEILING r IE El [E v THIRD FLOOR o SECOND FLOOR CEILING y rEjLl Ql � OU [j r O SECOND FLOOR — + FIRST FLOOR CEILING O I co FIRST FLOOR PRATT ST ELEVATION SCALE: 3/16' = I'-O" ©2011 HND ARCHITECTS ®�X 15 HIGH STREET - RESIDENCE SCALE: 3/16" = I'-O" DRAWING: 15 HIGH STREET, SALEM, MA 01910 DATE: MARCH 28, 2011 Architects % A' 781-631-7299 THIRD FLOOR CEILING ILLJI J� THIRD FLOOR SECOND FLOOR CEILING ❑ ❑ J, SECOND FLOOR FIRST FLOOR CEILING ❑ ❑ 00 J, FIRST FLOOR REAR ELEVATION SCALE: 3/1C = P—O" Q2011 HND ARCHITECTS 15 HIGH STREET - RESIDENCE SCALE: 3/16" = 11-01, DRAWING: ®® 15 HIGH STREET, SALEM, MA 01910 DATE: MARCH 28, 2011 } Architects 59AlWtcAve;MWble ne k MA01945. 781-631-7298' 13'-0" UP I MECHANICAL ROOM CLOSET O AVERAGE CAR AVERAGE UE�.- 5'-C W CAR 15'-0' L 5-6' W S'-O' L UP GARAGE SPACE UNIT ENTRY GARAGE SPACE GARAGE SPACE UNIT 2 UNIT 3 FIRST FLOOR PLAN SCALE: 3/16" - I'-O" ©2011 HND ARCHITECTS ®� 15 HIGH STREET - RESIDENCESCALE: DRAWING: 15 HIGH STREET, SALEM, MA 01910 DATE: MARCH 28, 2011 Architects 59ASw*Ave,Maud MA01946 781-6314299 43'-0" oN o wA- cz1/2 BATH moa G ON �`o3i J ----- DINING AREA KITCHEN LI ING A EA O OO r UP 2 Q n SECOND FLOOR PLAN SCALE: 3/16" = I'—O" ©2011 HND ARCHITECTS Ems 15 HIGH STREET - RESIDENCE SCALE: DRAWING: ®® 15 HIGH STREET, SALEM, MA 01910 DATE: MARCH 28, 2011 Architects 59A1rtcAvA Marblehead,MA01945 781-631-7299`, i o LANDOF ESTATE OF SAL VATORE RIZ ZOTTI H GH ST. 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