Loading...
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 N85- 0'54"W wood fence 49.83' - o„ a m PROPOSED 171' - ADD1710N ON LINE O N a N MAP 26 2 story dwelling o N O m ❑ LOT 605 0 � �A #15 1/2 m MAP 26 LOT 604 RICHARD JOHNSON CYNTHIA JOHNSON b 13 RIVER ST. bulkhead 0.6' 13.os' e _ ❑ _ w S85'16'20"E Al 1 ❑ Ci 58711'05"E of F m MAP 26 LOT 607 WILLIAM LARSON BARBARA BRANDT 13.75' 17 RIVER ST. ee9e pnvemen 587'43'44"E A � cJ T O MAP 26 LOT 606 LARISSA LUCAS m 15 RIVER ST. o N N IO O O N O1 ' f 9.04' S85'24'07"E RIVER STREET PLOT PLAN OF LAND 15 1/2 RIVER STREET "'"�_= SALEM I CERTIFY THAT THE BUILDINGS PROPERTY OF „i �Ait PETER ESCHAUZIER HEREON ARE LOCATED ON "'lo .y THE GROUND AS SHOWN. 4� '' '`" JAN ESCHAUZIER d. No. T. SCALE 1" = 10' MARCH 23, 2011 ac lkakl'S° NORTH SHORE SURVEY CORPORATION 14 BROWN STREET - SALEM DATE IREG. PROF. LAND SURVEYOR 978-744-4800 #3526 13 b, u A- I_ ri t - � i k471oVE wl mp,p W W l N a ow _ E-q LA rTdr C- ,6HAI/t7Zl F-P-- 15'� �i���tz �T s��t✓t�j SCALE: Imo+ • I (_SII APPROVED BY DRAWN BY DATE: r L-pb(L PLA, 4 LA-, _ DRAWING NUMBER K CHARRETTE PRO-FORM 9]OPF PRINTED ON 920H CHARPRINT VELLUM f - ' I i VS 101 �-- : 1 t � t Ll-RALiZi BIZ - Aw tXTW i ot- S7E-TAI L-s, TRrH, jr; 't,/ �-Ivw ST S(L 't/Ar F�Yp�SN��r w����YV s / C�L O� SCALE: N T-* APPROVED BY DRAWN BY 1 L. 7O h1A !GN (STI PI DATE: �' Z�' I I � fJ s1�I E5, l�I�-(.,E-I �-� ✓� I/�'Ci DRAWING NUMBER G(7cG-?4-I— Z5 C7`3 y CHARRETTE PRO-FORM 9101! PRINTED ON 920H CHARPAINT VELLUM 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 17.1' 0D h ADDITION ON LINE to 0 A I? 6 MAP 26 2 story dwelling N o 0 n LOT 605 N o to #15 1/2 m MAP 26 LOT 604 RICHARD JOHNSON CYNTHIA JOHNSON k bulkhead 0.6' 13 RIVER ST. iro 0 13.05' S8516'20"E _ i A ' ❑ o sa77ros"E " N 0 a MAP 26 LOT 607 WILLIAM LARSON BARBARA BRANDT 13.75' 17 RIVER ST. —' edge povemen OZ 587'43'44"E � rn A (.1 U UJ O_ MAP 26 LOT 606 m LARISSA LUCAS 15 RIVER ST. o N N 10) OI O N 00 9.04' 1' S85'24'07"E RIVER STREET PLOT PLAN OF LAND 15 1/2 RIVER STREET Oa��P�SH OF Mgys4cy SALEM I CERTIFY THAT THE BUILDINGS GAIL °y PROPERTY OF HEREON ARE LOCATED ON SMITH m PETER ESCHAUZIER THE GROUND AS SHOWN. N0.35043 JAN ESCHAUZIER �� RFGfA�o �Qm SCALE 1" = 10' MARCH 23, 2011 �Ss�NNAI lANO`JQ, NORTH SHORE SURVEY CORPORATION DATE REG. 14 BROWN STREET — SALEM 978-744-4800 #3526