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3 PARKER COURT - ZBA 3 PARKER COURT 1 �MM 0 Va The Inti Would prohibit—tne Leal Notice CITY OF SALEM BOARD OF APPEAL 7459595 Ext.381 Will hold a public hearing for all persons interested in the petition sub mitted by D.L. COTE requesting a Variance/Special Permit to allose accessory structure to be located in front yard structure for the property located at 3 PARKER COURT (R-2/11-3). Said hearing to be held WEDNESDAY,MARCH 19, 1997 AT 1 6:00 P.M., ONE SALEM GREEN, 2nd Floor. Gary Barrett,Chairm (3/5,3/12/97) Titu of *Iem, ,M- assadjusetts 4 �Raarb of �+u{seai H4R Cirr?U 20 P4 #37 or s �CCRK'S 061�FSS DECISION ON THE PETITION OF DAVID M. TAUBENECK FOR A VARIANCE AND SPECIAL PERMIT AT 8 DERBY STREET (R-2) A hearing on this petition was held March 19, 1997 with the following Board Members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Paul Valaskagis and Arthur LeBrecque. 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 4OA. Petitioner, owner of the property, are requesting a Variance and Special Permit of a non-conforming lot to enable to enlarge by means of an addition for the property located 8 Derby Street. The province the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (j ) , 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 Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extent expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighbor 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 Variances which have 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 or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. i I I j' DECISION OF DAVID M. TAUBENECK REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 8 DERBY STREET R-2 page two 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 purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1. Petition was presented by David M. Taubeneck, owner of the property. 2. A letter was submitted from the Historic Commission requesting review and approval by commission. 3. The petitioner would like the addition as his family is growing and needs the extra room. 4. There was no opposition to this petition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. 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. 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the city's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, codes ordinances and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. All requirements of the Salem Fire Dept. relative to smoke and fire safety shall be strictly adhered to. 4. A Certificate of Occupancy is to be obtained. 5. Petitioner shall obtain a building permit prior to starting construction. �o x �r N DECISION OF THE PETITION OF DAVID M. TAUBENECK REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 8 DERBY STREET page three 6. Exterior finishes of the new construction shall be in harmony with the existing structure. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Historical Commission. Variance and Special Permit Granted March 19, 1997 Paul Valaskagis, Member Board of Appeal 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 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 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 a s �< e m K N ri0 O a-+ R V, r O P N + X. C7 us W r y it DATE nF FE.ARINC PETITiONER� LOCATION T�OTION: -0 GRANT SECOND 12 EAD:,:ENT SECOND -0 DENY SECOND O RE-HEAR SECOND i WITHDRAW SECOND CONTINUE SECOND I ROLL CALL PRESENTGRANT DENY AMEND WITHDRAW RE-HEAR CON. GARY F. BARRETT � ALBERT C. HILL JOSEPH YWUG G� NINA V. COHEN RICHARD DIONNE ASSOCIATE 4:Eh_BERS ARTHUR LEBRECQUE PAUL VALASKATGIS /f/ CONDITIONS: �. A FORM B - BUILDING 23 oat AREA FORM NO. MASSACHUSETTS HISTORICAL COMMISSION (�s 80 BOYLSTON STREET BOSTON. MA 02116 -,yawn Salem dress 3 Parker Court storic Name dilliam Parker ?cuse _.ter Present LPsi dPnti al i Original -Residential + CRIPTION rce Historic Salem, Inc. j_ le Tederal hitect Sketch Map: Draw map showing property's location In relation to nearest cross streets and/or Exterior Wall Fabric Ssbestos =hinr-le geographical features. Indicate all buildings between inventoried property and nearest Outbuildings intersection(s). Indicate north Major Alterations (with dates) Condition Fair r Moved Date ZAcreage 'I Under acre � ^ II Setting Residential , urban -k IV UTM REFERENCE Recorded by zebra Hilbert & Kim Withe USGS QUADRANGLE Organization Salem PlanningvDept. SCALE Date April . 1987 NATIONAL REGISTER CRITERIA STATEMENT (if applicable) ARCHITECTURAL SIGNIFICANCE Describe important architectural features and evaluate in terms of other buildings within the community. The Federal style half-house is relatively unusual in the Salem Common neighborhood; 3 Parker Court is an example of this house type. It is a two-story three-bay house with a gable roof and sidehall entry beneath a bracketed hood. Other notable features include second-story windows rising to the eaves, flush eaves in the gable ends, and a large stuccoed chimney. An ell extends across the full rear elevation. HISTORICAL SIGNIFICANCE Explain the role owners played in local or state history and how the building relates to the development of the community. In 1817, William B. and Abigail Parker purchased the lot on which this house stands from John Watson. Parker Court was laid out in 1819 on land owned by Parker. Although the earliest documentation of any houses on the court occured in 1831 , when Parker was taxed for three houses here, it is probable that this house predates 1831 . Parker, a merchant and sea captain, lived on Pleasant Street, and was active in real estate development in the Salem Common area. 3 Parker Court is representative of the modest houses Parker erected in the area. Capt. Parker, (1798-1875) , commanded vessels in the East India trade owned by John Andrew. Following his retirement from the sea he served as president of the Naumkeag Bank until his death. From 1852 until 1916 the house was owned by Timothy Coughlin, tailor (d. 1891) and subsequently his daughter, Elizabeth J. Byrne. BIBLIOGRAPHY and/or REFERENCES 1871 Map 1 974 Atlas Historic Saler.,, Inc. Hcuse :Sign report 8/85 APPEAL CASE NOSai . . . . . . . IT ofrm, Rnurb of AV Pu! TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located ate . 3•Farker Ccurt . . ..... . . . .. . . .. ........ .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 accordance with Section I% A.1 of the Zoning Ordinance. Direct Appeal m G.. w 'N to b1 In U ro G: C. ccr ti 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 the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said difficulty or unnecessary Zoning By-yaws and Building Code would involve practical hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinan ing reasons: ce and Building Code for the follow- Seeking Special Permit/ Variance to alloca accessory structure to be located in front yard , and also to enlarg said structure from 120s/f to 160s/f . �v. Tr. 4 ,,c j S,«, _ Per article VII , Zoning Ordinance. 7-10 section 7-8 of the Ci'ty�of!Salem c � Owner.. .D. L. Cote ,.... .... _ _ Address.3.Parker .Court•. -_• ••- TelephoneS5081745_9723 ........... Petitioner. . .Same ................... 2/11/97 Address..... . .. ..... .................... Date............. '•""" • Telephone. . . . . .// By... . .C.. ..................... Three copies of the application must be filed with the Secretary of the Board of Appeal with a check, for advertising in the amount of 5......... tb�1 Of- Appeal, Check payaLle to. tfie 'ar,,. Ev four ew gPV� Prior to the MORTGAGE INSPECTION BAY STATE SURVEYING ASSOCIATES 234 CABOT ST., BEVERLY MA ' LOCATION -5 MA NOTES: r-- - . j-y. ... SCALE : I =� FT. DATE ___ •__ y 7 5 •This is a Mortgage Inspection survey and not an 8K• (03ry o(�; Z y �y instrument survey, therefore this plot plan is for REFERENCE -�.7_r�. ' /_.___-.. .�/.... .......... mortgage inspection purposes only. ak. _ SZ g0 PG = •This survey is based on survey marks of others. y9 .Bushes, shrubs, fences and tree lines do not necessarily indicate property lines. To .. ..�ANK. .. . . .. . .... .. ..... • In my professional opinion the building(s)are not locatec The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D. local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey from violation enforcement action under Mass. G.L. Title VII is recommended to determine prop. lines. Chapter 40A Section 7. •Offsets shown are approximate by tape survey. t 30,6 , d N 50v h No A /11 d,l T. o���P�1N OF M4�9� i Rori yam, JA fE8 9 �• V `�e N i ` I QJ � 777-77 � I Ii { y i MORTGAGE INSPECTION BAY STATE SURVEYING ASSOCIATES 234 CABOT ST., BEVERLY MA LOCATION S NOTES: SCALE : I° =?� FT. DATE y ZS •This is a Mortgage Inspection survey and not an BK' 6 3(y 6. Zl �Y instrument survey, therefore this plot plan is for REFERENCE _.- .'/........ ...... mortgage inspection purposes only. (�K; SZ g0 PG y9 •This survey is based on survey marks of others. ESs _ �; t7f Sr •_• _ _ _ _ __ _ ___ ___• • Bushes, shrubs, fences and tree lines do not necessarily indicate property lines. To . _ . - _ • _ . _ _. • .. . In my professional opinion the building(s) are not locatec The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D. local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey from violation enforcement action under Mass. G.L. Title VII is recommended to determine prop. lines. Chapter 40A Section 7. •Offsets shown are approximate by tape survey. ,t 0 w�0 5 h �e 36,70 ; D / � 3 A a'= CT. \a�',%\tl 0! Mq ROBERT cyN O 1ES 1 4,^• MORTGAGE INSPECTION _ BAY STATE SURVEYING ASSOCIATES 234 CABOT ST., BEVERLY MA T LOCATION Sf�(-EM MA NOTES: SCALE , I° =40 FT. DATE _. y ZS p •This is a Mortgage Inspection survey and not an •...•• `y instrument survey, therefore this plot plan is for REFERENCE 8K 63OV 6= Zy ______________ mortgage inspection purposes only. P y (�k; SZ`fO PG �/9 _ • _• --- __--__• •This survey is based on survey marks of others. ___ _ _ __ __ _ _ __ ____ • Bushes, shrubs, fences and tree lines do not necessarily indicate property lines. To . ASr�RN.. ..Q/�NK... _. . . . .... •. • In my professional opinion the building(s)are not locate( The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D. local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey from violation enforcement action under Mass. G.L. Title VII is recommended to determine prop. lines. Chapter 40A Section 7. •Offsets shown are approximate by tape survey. ,t a 30, 5� h e ' — 36,70 o � Z—w0 L� -3 a Q'1 KEtc? CT. o`\�iP�1H OF ,y4�'9C ROBERT o JA tES 0 . w F:1- i � 1 { i I El - -- -- 9J / ,, i I , I . 1 i 11 I i� i li I \ II I i