13 POPE STREET - ZBA (2) 1
13 Pope St. R-2
Charles Brett
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DECISION ON THE PETITION OF CHARLES BRETT FOR VARIANCES
AT 13 POPE ST. (R-2)
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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.
Petitioner, owner of the property, is requesting Variances from density, rear lot
line, distance between buildings and for more than one building per lot to allow
construction of two duplex form structures on this site which is located in
an R-2 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exisht which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and 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; and
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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The purchased the property from the City of Salem by tax title with
conditions.
2. The petitioner appeared before this Board in 1984 but has not been able to
move forward with his plan because of a drainage problem on the site.
3. The drainage problem has been corrected and all work will be done in
compliance with an Order of Conditions issued by the City of Salem Conservation
Commission.
4. Several neighbors and abutters spoke in favor of this petition.
5. The proposed structures will be two story wood frame duplexes.
6. The property in question will be enhanced by the development as will the
neighborhood.
DECISION ON THE PETITION OF CHARLES BRETT FOR VARIANCES AT
13 POPE STREET, SALEM
page two
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 Zoning Ordinance would involve
substantial hardship to the financial or otherwise, to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . All construction is to be done in compliance with existing City and
State Building Codes.
2. All construction is to be done according to the plans and dimensions
submitted and as amended.
3. The petitioner shall obtain a legal building permit.
4. The petitioner shall obtain a Certificate of Occupancy for the new dwellings.
5. The petitioner shall obtain proper lot and street numbers from the
City of Salem Assessors Office.
6. All requirements of the Salem Fire Department relative to smoke and fire
safety must be strictly adhered to.
VARIANCES GRANTED
October 17, 1990
Mary J tirgwolt, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
P ,•,eaf from this decision, if any, shall be made pursuant to section 17 CA
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
:flier the date of filing of this decision in the office of the City Clerk,
Purauant to Mass. General Laws, Ch�p;ar 803, Sc aiio 11., the Variance
ecial Pcrmit granted herein sha!I not tike circa '.nodi a copy of the
sion, the certification of the City Clerk th-,t 20 days have
and no oppeal has been filed, or that, if sv-h appeal has been
filad, That i, -,� reen dismissed or denied is recorded In the South Essex
Registry of Deeds and indexed under the name or the owner of record of
is recorded and noted an the owner's Certificate of Title.
BOARD OF APPEAL!
October 17 , 1990
Richard Bencal
Chairman
Salem Board of Appeal
One Salem Green
Salem, MA 01970
RE: 13 Pope Street
Dear Mr. Bencal :
As an abutter to 13 Pope Street, I am writing to express my
support for the application of Charles Brett for Variances to
allow construction of two structures in duplex form at 13 Pope
Street . I would, however, like to request that the Board ask Mr .
Brett to investigate the possibility of setting the parking
spaces further back into the lot in order to ensure that cars
will not be backing out onto Pope and Proctor Streets .
Thank you for your consideration .
Sincerely, �
Eli abeth Debski
63 Proctor Street
Unit D
L
i
Board of Appeal
City of Salem
One Salem Green
October 17, 1990
Gentlepersons:
The undersigned is the resident and holder of title of 15 Pope Street,
Salem and an abuttor. to property 4pAjxx4xxnbW located on Pope and Proctor
Streets owned by Charles Brett.
Being familiar with the plans and the annlication for a variance sought
by Mr. Brett, I hereby voice my support for that petition. I have resided
at these premises during the past two years and can state that due to the
effort and work done by Mr. Brett there has been no incidence of flooding
or any drainage problems of any kind on the property as a result of the
small brook which runs through the property.
It is my opinion and belief that the imnrovement of the property as
proposed by Mr. Brett will be of benefit to the neighborhood and enhance the
values of the surrounding properties.
Very truly yours;
JAS S H. S� SON"
dr Pope Street, Salem, MA,
October 17, 1990
Richard Bencal
Chairman
Salem Board of Appeal
One Salem Green
Salem, MA 01970
RE: 13 Pope Street
Dear Mr . Bencal :
As an abutter to 13 Pope Street, I am writing to express my
support for the application of Charles Brett for Variances to
allow construction of two structures in duplex form at 13 Pope
Street . I would, however, like to request that the Board ask Mr .
Brett to investigate the possibility of setting the parking
spaces further back into the lot in order to ensure that cars
will not be backing out onto Pope and Proctor Streets .
Thank you for your consideration.
Sincerely,
Eli abeth Debski
63 Proctor Street
Unit D
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