1-3 PARALLEL STREET - ZBA ��ooNoir,ga CITY OF SALEM9 MASSACHUSETTS ,
03 � ; BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
.e Q SALEM, MASSACHUSETTS 01 970
TELEPHONE 978-745-9595
0
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KIMBERLEY DRISCOLL FAX. 978-740-9846 �� ry,3 �a �•
MAYOR
October 2, 2007
Decision
--- — -- -City of Salem Zoning Board ofAppeals
Petition of Stephen Lovely requesting variances from lot width and front
setbacks to construct three single family residences the properties located at
1-3 PARALLEL STREET [R-2].
A public hearing on the above petition was opened on September 19, 2007 pursuant to
Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board members present:
Robin Stein, Rebecca Curran, Richard Dionne, Annie Harris, and Bonnie Belair.
Petitioner seeks variances pursuant to Section 9-5 from lot width a front setbacks to
construct three single family residences at 1-3 Parallel Street in the Residential Two
Family District [R-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 of fact:
1. Stephen Lovely,petitioner, presented the petition for the property he owns at
1-3 Parallel Street in the Residential Two Family District.
2. Petitioner proposes to construct three (3) single family homes as show on the
plans entitled "Plan to Accompany Petition to the Board of Appeals, located
in Salem, MA"prepared by Eastern Land Survey Associates, and dated
September 18, 2007,
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 as follows:
1. The petitioner may vary the terms of the Residential Two-Family Zoning
District to enable the proposed development, which development is consistent
with the intent and purpose of the City of Salem Zoning Ordinance.
2. The Board prefers petitioner's proposal to the two duplexes that petitioner
could construct as of right.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Harris, Belair, Dionne, and Curran) none (0) opposed, to grant petitioner's requests for a
variance and special permit 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 safetv _
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 from the street.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
6,U, ,L- .
inn Stein, Chair
Salem Zoning 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 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.
TO THE BOARD OF APPEAL:
The Undersigned represent that he is are the owner of a certain parcel of land located at:
1-3 Parallel Street Street; Zoning District R2
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.
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
DIRECT APPEAL
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or
th,; Du.nau.g CodCand order the Inspector of Buildings to approve the application fee permit to build as filed, as
the enforcement of said Zoning By-Laws and Bx� would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating from the intent and
purpose of the Zoning Ordinance and )fig-Eede for the following reasons:
Pursuant to Sections 9-5 of the Salem Zoning Ordinances Petitioner seeks variances from lot width and
front setbacks on the property. The petitioner states that the granting of-the variances will not depart
from the intent of the Salem Zoning Ordinance.
Owner Stephen P. Lovely Petitioner Stephen P. Lovely
Address 14 Story Street Salem, MA Address 14 Story Street, Salem, MA
Telephone 978-745-8274 Telepho 745-8274
By —
. ( g to )
Date August 8, 2007
This original application must be filed with the City Clerk. A certified copy of this petition will be returned to petitioner at
the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal, four weeks prior to the
-meeting of the Board of Appeal.
A TRUE COPY
ATTEST
CITY CLERK(
�~ 1
Legal Notice '
_ - CRY OF SALEM y _
". ZONfNG BOARD OF APPEALS ,
978.6194M Will hold a public hearing for,,all]
_persons interested in the petition sub•'
mined W STEPHEN LOVELY request-
- ' ing Variances from lot width and
frond setbacks on the property located
` at i-3 PARALLEL STREET(R-2).Said
hearing to be hetd on WEDNESDAY
SEPTEMBER 19,2007 at 6:30 P.M.
3rd floor conference room 120 WASH-
INGTON STREET,ROOM 313. -.
- - Robin Stain
Chair
SN—gl¢,gt12107. .". .
ASSESSORS MAP 23 PARCEL 132
RECORD OWNER: 3 J'S SALEM REALTY TRUST
JOHN A. BER77Nl DEED REFERENCE: BOOK 14412 PAGE 354
ASSESSORS MAP 23 PARCEL 131
RECORD OWNER: AMY WORKMAN
DLED REFERENCE: BOOK 20970 PAGE 593
�o JOHN A. BERTINI RESOURCE AREA DELINEATION PERFORMED BY RIMMER
LOT D ENVIRONMENTAL CONSULTING, LLC, MAY 31 , 2007.
o� =
E00% LOT C
LOT B/ LOCUS MAP
LOT A /
/ ' I DA �1D R. &
DIANE M.
_ f �� ---� AYERS ZONING DISTRICT
MASS.acH�s SEWER _ E N`� PARALLEL STREET RESIDENTIAL 2
ETr BAY IRAI SPpRTATjp/V AU -� LOT AREA 15,000 SF. 67,200± SF. 25,000± SF. 20,400± SF. 21,1 0± SF.
OR/T', LOT WIDTH 100 FT. 58f FT. # 62t FT. p 69f FT. # 63t FT. #
LOT PLAN FRONT YARD 15 FT. 15 FT. 15 FT. 15 FT. 1t FT. *
SIDE YARD 10 FT. 10 FT. 10 FT. 10 FT. 4t FT. *
SCALE: 1" = 60' REAR YARD 30 FT. 290f FT. 238t FT. 142t FT. 185f FT.
# DENOTES VARIANCE REQUESTED
I20185 /'
* TO EXISTING DWELLING
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LOT C Sao oN LOT D
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JOHN A. BERTINI
6 a/ N APPROXIMATE LOCATION
LOT B ZONING DIS7PICT LINE
25,000f SF.
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PROPOSED
SINGLE FAMILY oo
RC DWELLING 2:
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EXISTING DIANE M.
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PLAN TO ACCOMPANY PETITION
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10. BOARD OF APPEALS DP�,
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suR�`°� (978) 531 -8121
° SCALE: AS NOTED SEPTEMBER 18, 2007
PHOTO REPRODUCTION OF THE ABOVE SEAL IS 0 30 60 120 1"=60' 180 240 f
INDICATIVE OF UNAUTHORIZED REPRODUCTION
OF THIS PLAN AND IS TO BE CONSIDERED A COPYRIGHT INFRINGEMENT AND/OR FRAUD.
ENFORCEMENT AUTHORITY SHALL NOT ACCEPT
PHOTO REPRODUCTION FOR ANY PURPOSE. 0 10 20 40 1"=20' 60 80 F 14883