15 1/2 RIVER STREET - ZBA Peter G. Eschauzier
15'/2 River Street Home 975-594-1439
Salem,MA 01970-3220 Mobile 239-290-0591
email:pgeschauzier@me.com
�oNnrrq, CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
W 120 WASHINGTON STREET, 3RD FLOOR
( q SALEM, MASSACHUSETTS O 1970 TELEPHONE: 978-745-9595
V FAX: 978-740-9846
KIMBERLEY DRISCOLL 1 'il !� .Jt t� "� 3: 58
MAYOR
November 30,2011
Decision
City of Salem Zoning Board of Appeals
Petition of PETER G. &JAN N. ESCHAUZIER requesting a Special Permit under
Sec. 3.3.5 of the Salem Zoning Ordinance to construct a 3.5'x13,' one-story addition
on the single-family house on 151/2 River Street(R-2 Zoning District).
A public hearing on the above Petition was opened on November 16, 2011, pursuant to
Mass General Law Ch. 40A, § 11. The hearing was closed on November 11,2011 with the
following Zoning Board of Appeals members present: Rebecca Curran, Richard Dionne,
Annie Hams,Jamie Metsch, and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.5.
Statements of fact:
1. Peter and Jan Eschauzier presented their petition at the hearing.
2. In a petition date-stamped October 6, 2011,petitioner requested a Variance from
rear and side yard setbacks, but it was determined by the Building Commissioner that
a Special Permit to extend a nonconforming single-family home was needed, rather
than a Variance.
3. At the hearing, a member of the public expressed concern about the historic integrity
of the house.
4. At the hearing,Board members stated that the addition would not be visible from
the public way, and that building in this manner was in keeping with the
neighborhood, which already has houses built very close together.
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,since the proposed modification will not be
substantially more detrimental than the existing nonconforming structure to
the neighborhood.
2. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
2
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. A Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance to expand a
nonconforming single-family house is granted in order to construct the proposed
addition.
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 a Special Permit and 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 bythe 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. J Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Inspection is to be obtained.
7. A Certificate of Occupancy is to be obtained.
8... Petitioner is to obtain approval from any CityBoard or Commission having
jurisdiction including, but not limited to,the Planning Board.
9. Unless this Decision expressly provides otherwise, any zoning relief granted
does not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty
percent (50%) of its floor area or more than fifty percent (50%) of its
replacement cost at the time of destruction. If the structure is demolished by
any means to an extent of more than fifty percent (50%) of its replacement
cost or more than fifty percent (50%) of its floor area at the time of
destruction,it shall not be reconstructed except in conformity with the
provisions of the Ordinance.
3
\ .A .�a
Rebecca Curran, au-
_ �
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 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.
NOV 2 j 2011 15 River Street
Salem, MA 01970
DEPT, r)7 N��,y,, . . & November 23, 2011
C0&u uii;YLk,VHI,-i-MENT
Rebecca Curran
Chair, Salem Zoning Board
93 Washington Street
Salem, MA 01970
To Ms. Curran:
At the November 16, 2011 open hearing with regards specifically to the requested special permit by
the Eschauziers for 15 1/2 River Street, I spoke of my concerns as to their house and their
construction. I made an incorrect statement about their home being a non-conforming structure
due to erroneous information on my part. I want to offer my apology to the board for incorrectly
categorizing the Eschauzier''s house as such.
I would further like to state that all of the improvements the Eschauzier's have done so far has not
only enhanced their home but has enhanced the rest of the neighborhood as well. They have
undertaken each project with absolute respect to their neighbors and to the historical balance of the
neighborhood. There is no doubt in my mind their current project, that was before the board, will
be done with the same amount of care and respect.
Sincerely,
David M. Hallowes,Jr.
c.c. The Eschauziers
ZONING DISTRICT - R2
REQUIRED EXISTING PROPOSED
LOT AREA 15,000 1889 1889
LOT FRONTAGE 100 9.04' 9.04'
FRONT 15 45' 45'
SIDE 10 0 0
REAR 30 3.5' 0
LOT COVERAGE 35% 30q 32.6%
MAP 26 LOT 598 MAP 26 LOT 597
JEFFREY NICHOLAS ERIC COUTURE
KERRY ROURKE 10 ANDOVER ST.
6 ANDOVER ST. ON
_ 0.6' LINE
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BARBARA BRANDT
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d. No.
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ZONING DISTRICT — R2
REQUIRED EXISTING PROPOSED
LOT AREA 15,000 1889 1889
LOT FRONTAGE 100 9.04' 9.04'
FRONT 15 45' 45'
SIDE 10 0 0
REAR 30 3.5' 0
LOT COVERAGE MA57X' 30% 1 32.67.
3
MAP 26 LOT 598 MAP 26 LOT 597
JEFFREY NICHOLAS ERIC COUTURE
KERRY ROURKE 10 ANDOVER ST.
6 ANDOVER ST. ON
_ 0.6' LINE
N850 54-W
wood fence 49.83' 73_0
- m PROPOSED
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MAP 26 LOT 604
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PLOT PLAN OF LAND
15 1/2 RIVER STREET
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I CERTIFY THAT THE BUILDINGS GAIL °y PROPERTY OF
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