12 RAWLINS STREET - ZBA l
i
ro ntrq.� CITY OF SALEM, MASSACHUSETTS
Pay, BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
v l r ( SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
Doi FAX 978-740-9846
KIMBERLEY DRISCOLL Ctii •, �t sO s •�
MAYOR
November 30,2011
Decision
City of Salem Zoning Board of Appeals
Petition of ERIC COUTURE requesting Variances from lot area and lot area per
dwelling unit to demolish the existing structure and construct a two-unit residential
building on the property located at 12 RAWLINS ST (R-2).
A public hearing on the above Petition was opened on October 19, 2011, pursuant to Mass
General Law Ch. 40A, § 11. The hearing was continued to November 11,2011 and closed
on that date with the following Zoning Board of Appeals members present: Rebecca
Curran, Richard Dionne,Annie Harris,Jamie Metsch, and Jimmy Tsitsinos (alternate).
Petitioner seeks Variances pursuant to Section 4.0 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Eric Couture presented himself at the hearing.
2. In a petition date-stamped October 5,2011,petitioner requested Variances from lot
area and lot area per dwelling unit to demolish the existing single-family home at 12
Rawlins Street and construct a two-unit residential building.
3. At the hearing on October 19, 2011, two residents stated a preference that the
property be owner occupied, and also expressed concerns about undertaking
demolition carefully because of contaminants and animals on the site.
4. At the meetings,Ward 4 Councillor Jerry Ryan,4 Nichols Street, spoke in support of
the project,noting the poor condition of the properly and saying the redevelopment
would improve the neighborhood.
5. At the meetings, some Board members expressed a preference that the structure be
brought closer to the street in order to be more in keeping with the rest of the
neighborhood.
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:
2
1. Owing to the small size of the lot, literal enforcement of the provisions of
the Zoning Ordinance would involve substantial hardship to the appellant.
2. 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;the project is in keeping with the
neighborhood since there are several other two-family houses in the
neighborhood on smaller lots.
3. 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 under Section 4.0 of the Salem Zoning Ordinance,specifically lot area and
lot area per dwelling unit, are granted to allow construction of the proposed two-
family house.
In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Curran,
Harris,Dionne,Tsitsinos and Metsch) and none (0) opposed,to grant petitioner's request
for Special Permits 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's Assessor's
Office and shall display said number so as to be visible from 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. Two separate driveways, one for each unit, are to be constructed instead of a
single driveway serving both units.
9. The structure is to be moved up closer to the street so that a 15-foot front
yard setback is achieved.
3
10. Air conditioning units are to be moved to the back of the structure.
Re ecca 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 404, 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.
Page 1 of 1
Danielle McKnight
From: Thomas Stpierre
Sent: Thursday, September 29, 2011 2:29 PM
To: Danielle McKnight, Jane Guy
Subject: 12 Rawlins Street
September 29, 20I 1
Eric Coture
75 Margin Street
Peabody Ma. 01960
RE: 12 Rawlins Street
Dear Mr Coture, ,
The inspection of your recently purchased home identified several areas of concern. The home appears to be post
and beam construction and probably was constructed prior to 1900. The foundation is basically classified as a
rubble/fieldstone foundation and is not in the best of condition. The support beams have significant amounts of
deflection and some of the attempted structural repairs were poorly done. The first and second floors have
significant sagging and the overall average height of the ceilings is about 6'3'. The roof structure is also showing
the usual problems that post and beam homes have. The purlins that run horizontally are undersized and have
caused sagging in the roof structure. The right side enclosed porch would need to be removed and rebuilt entirely.
It is my opinion that this home,needing full renovation of all interior and exterior components ,as well as all
mechanical systems, is beyond reasonable and economical repair .
Sincerely
Thomas St.Pierre
Thomas St.Pierre
Director of Inspectional Services/Building Commissioner
9/30/2011
N/F N/F
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DEED 118.25' 18,
MEASURE 108' ,> �
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RA WLINS STREET RA WLINS STREET
EXISTING CONDITION PROPOSED LAYOUT
PLAN OF LAND
LOCATED IN
ZONING DISTRICT SALEM , M ASS .
RESIDENCE 2 PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
ITEM REQUIRED
C CHRISTOPHER R. MELLO, PLS
HCISTOPHER
LOT AREA 15,000 SF. ; ' R. v;;k
PER UNIT 7500 SF. �10313, o r� 104 LOWELL ST. PEABODY, MA. 01960
LOT FRONTAGE 100 FT. ,. FF�iaTE� a ,°_.s
FRONT YARD 15 FT. � .6�y t�+� tl s�
(978) 531 -8121
SIDE YARD 10 FT.REAR YARD 30 FT. ; SCALE: 1 = 20 SEPTEMBER 29, 2011
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ASSESSORS MAP 16 PARCEL 80 THIS PLAN HAS BEEN PREPARED FROM AN ON THE GROUND 12 RAWLINS STREET ....
FIELD SURVEY USING EXISTING DEEDS AND PLANS OF RECORD
DEED REFERENCE- BOOK 29758 PAGE 72 AND IS NOT TO BE CONSIDERED A PLAN FOR RECORDING OR
THE CONSTRUCTION OF DEEDS. NO CERTIFICATION IS INTENDED
AS TO PROPERTY TITLE OR AS TO THE EXISTENCE OF UNWRITTEN — ri:aos
OR UNRECORDED EASEMENTS. 0 10 20 40 60 80 F 16332
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