35 WINTER ISLAND ROAD - ZBA li 35 WINTER ISLAND ROAD
DAVID,PABISH
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Willfhold a.publlc hearing for all1 s?
fore,,p� ns'interested:in the petition sub i',li '
f mitted''I by RIGHARDlb PABICH I'' fI:
hall requesting a Variance to locatei8arage tie
s;tri4r(, I infl%ntyanl Variance toQocategarage��'IAf
p :,,, i tnearer than 10 feet to principal�'��slnic I ,,;+�
{' fet for he p op`Ntty locate"d at 35 ";'!
[AW'ul' WINTERISLANDIiROADI(R1) Said '�
� ll�j��hearing toy be,ltell WEDNESDAY ^y,'.
�iii�loyl',�a V,IIJNE�17 1998 AT 6 30,P M';'ONE I I�,
§VIII yS mALEIMGREEN 2ndR00Cw ' n4 Ilpl�
rir4.�' 1 �� , Nina Cohen Chairman I�,
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CITY OF SALEM. MASS
C1 FRK'S OF FICF
DECISION OF THE PETITION OF RICHARD PABICH REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 35 WINTER ISLAND ROAD R-1
A hearing on this petition was held June 17, 1998 with the following Board
members present: Nina Cohen, Paul Valaskagis, Michael Ward, Ronald Harrison
and Richard Dionne. 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 requests a Variance to locate garage in front yard, Variance to
locate garage nearer than 10 feet to principal structure and Variance from
side setback of 5 feet for the property located at 35 Winter Island Road.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Petitioner sought three variances from density requirements in order to
reconstruct a dilapidated garage that has been located in his front
yard.
2. The variances needed were; front yard setback requirement, variance from
minimum distance between buildings on lot and side yard setback
requirement.
3. There was no objections to the proposed variances.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
-and not the district in general .
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3 . Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION OF THE PETITION OF RICHARD PABICH REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 35 WINTER ISLAND ROAD R-1
page two
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4 . A Certificate of Occupancy is to be obtained.
5. Petitioner shall obtain a building permit prior to beginning any
construction.
6. Exterior finishes of the new construction shall be in harmony with
existing structure.
Variance Granted (�
June 17, 1998
Nina Cohen, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Aopeal 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 after the date of filing of this decision in the office of the City
Clerk. Pursuant to 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 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
DATE OF HEARING / Vl
PETITIONE la
t "
LOCATION
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
NINA V. COHEN zz
MICHAEL WARD
RONALD HARRISON z
STEPHEN BUCZKO
RICHARD DIONNE (/
ASSOCIATE MEh'BERS
PAUL VALASKATGIS
CONDITIONS:
U� r
06-17-1998 13:43 P.02/02
Edward M. Moriarty, Jr. , Esquire
29 Winter Island Road
Salem, MA 01970
June 17, 1998
Chairman Board of Appeals
city of Salem
1 Salem Green
Salem, MA 01970
RE: Petition for Variance to Construct Garage in Front Yard
at 35 Winter Island Road, Salem, Massachusetts
Dear Mr. Chairman:
I reside at and am the owner of 29 Winter Island Road, Salem,
Massachusetts. Neither my wife, Joanne Scott, nor I, have any
objection to the Petition for Variance above-noted.
Petitioners have already substantially completed construction
of a tasteful and sympathetic addition to the existing structure at
35 Winter Island Road for their residential use. We are certain
that the proposed new garage will be of like architectural
character, quality construction, and will promote the Petitioners?
use and enjoyment of their residential premises.
Thank you for your consideration.
Vary truly yours,
McNAUGHT, MORIARTY & McNAUGHT
Edward M. Moriarty, Jr.
EMM/rs
cc: Mr. Richard Pabich
35 Winter Island Road
Salem, MA 01970
June 12, 1998
Board of Appeals
One Salem Green
Salem, MA 01923
Dear Ms. Cohen:
We received notification from the City of Salem, Board of Appeals, regarding the petition for a
variance at 35 Winter Island Road by Mr. Richard Pabish.
As a direct abutter with potentially the most concern regarding the structural change, we have no
objection to the plans set forth by Mr. Pabish relating to this matter. In our opinion, this change
would enhance the appearance of his property and Winter Island Road.
Sincerely,
Mr. & Mrs. David A. Perkins
30 Winter Island Road
Salem, MA 01920
06-17-1998 13:42 P.01/02
MCNAUGHT, MORIARTY & MCNAUQHT, P.C.
COUNSELLORS AT LAW
6 EASTMAN PLACE
MELROSE, MASSACHUSETTS 02176
TELEPHONE 1701)002.0291
A PRO11894IONAL CORPORATION TELECOPIER 1781/8884888
JOHN J.MCNAUGHT 11881.18941 E-MAIL mm=nd_BLT.FISHER
PAVL T.FISHER
L= STEPHEN R.
JOHN jr,MONAUGHT.JR. ELLEN HARRINGTON SULLIVAN
EDWARD M.MORIARTY,JR. JOSEPH M.SPINALS
GERARD W MONAITORT
CAROLYN DmSPIRITO'
JAMES L.O'HRIRN OP OOUNaEL
RALPH N.CECERE ALAN H.DAVIS
DAVID G.SHAY
'A O"MITTRD IN DIBTMCT OP COLUMMA
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THE DOCUMENTS ACCOMPANYING THIS FACSIMILE TRANSMISSION CONTAIN CONFMBNTIAL OR
LEGALLY PRIVELBGED INFORMATION WHICH IS INTENDED ONLY FOR THE USE OF THE
INDIVIDUAL OR ENTITY NAMED IN THE TRANSMITTAL SHE917. IF YOU ARE NOT THE INTENDED
RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DIS'T'RIBUTION OR
RELIANCE UPON THE CONTENTS OF THIS FACSIMILE 13 STRICTLY PROH®1TED, IF YOU HAVE
RECEIVED THIS TRANSMISSION IN ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE SO
THAT WE CAN ARRANGE THE RETURN OF THE TRANSMITTED MATERIALS TO US AT NO COST TO
YOU.
APPEAL CASE NO. . . . . . . . . . . . . .
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I4 3 Cof '!-Salem, assarhiusefis
Pnarb d ': IAr PII�
TO THE BOARD OF APPEAL:
The Undersigned represent that he/site is/aFe the owners of a certain parcel of land
located Zoning District. . . . . .z1. . . . . . . . . . .
;
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 1X A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s) :
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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
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
( A r'4+1 C-6 7-0 L 06-o* 8 Co41",a00 r Au FGu ti+T V.q C.t7
v} l//F�rAw�E 70 Goe_q'F-E CA,GkoC N6.4•es+L Thllk+ io Fs6si-
TO ?,erN6il4-i_ ST12 uLTy 2�
3 VAeg A�'cb PW+/7 s �G yA+e� S6 r $Acr of 6' Flo
Owner. t
. . . . . . . . . . . . . . . . . . . . . . . . . .
Address. of 'fiz SS�� r-0
. . . . . . . . . . . . . . . . . . . . .
Telephone. . .?4f` 75��
. . . . . . . . . . . . . . . . . .
Petitioner. . . . S��. . . . . . . . . . . . . . . . . . .
/ ggAddress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . ./��/'U. . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
((( By. . . . ° �.: . . . . . . . . . . . . . . . . . . . .
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 $. .. . . . . . . . . . . four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
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Salem Historical Commission
ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970
(508) 745-9595 EXT. 311 FAX (508) 740-0404
WAIVER OF THE DEMOLITION DELAY ORDINANCE
It is hereby certified that the Salem Historical Commission has waived the Demolition Delay
Ordinance for the proposed demolition as described below, as per the requirements set forth in
the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance.
Address of Property: 35 Winter Island Road.earag_e
Name of Record Owner: Richard & Diane Pabich
Description of Demolition Work Proposed:
Demolition ofgarage.
Dated: SALEM ISTORICAL COMMISSION
By: �9
All work commenced must be completed within one year from this date unless o herwise
indicated.
THIS IS NOT A DEMOLITION PERMIT. Please be sure to obtain the appropriate permits from
the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing
%%ork.
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Salem Historical Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(978)745-9595 EXT.311 FAX(978)740-0404
June 2, 1998
Gary Barrett, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Barrett:
The Salem Historical Commission is in receipt of your agenda for June 17, 1998 and offers the
following comments:
• 35 Winter Island Road - Enclosed please find a building survey form indicating that the home
was built post 1911. The Commission has already waived the Demolition Delay Ordiance to allow
the demolition of the existing garage. While the Commission takes no position on the new garage
proposal, we hope that any new construction would be sympathetic to the design of the house. If
requested by the Board of Appeal as a condition of approval, we would be pleased to provide
design review.
Thank you for your consideration.
Sincerely,
9���i
THE SALEM HISTORICAA OMMISSION
Helen Sides
Chairperson
.1 G2 3`r(o3
FORM B - BUILDING
AREA FORM NO.
MASSACHUSETTS HISTORICAL COMMISSION _ o�
80 BOYLSTON STREET
BOSTON, MA 02116
� n Sal Pm
ress Tri WWini-Pr Tclpnrl RrI
�-- toric Name
Present Residential
Original RPSi (iPni"ial
:T
JIPTION
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Post 1911
" ce ArlaaPa
fr'
a e Bungalow
„ itect
Sketch Map: Draw map showing property's location
in relation to nearest cross streets and/or Exterior Nall Fabric wood shingle
geographical features. Indicate all buildings
between inventoried property and nearest Outbuildings Garage
intersection(s). k
Indicate north -
_ Major Alterations (with dates)
Condition r��d
Moved Date
Acreage Less than one
<
Setting on early 20th c . cul-de-s
UTM REFERENCE Recorded by Northfields Preservatio
Associates
USES QUADRANGLE Organization Salem Plannina Dent. .
SCALE Date May lggq
NATIONAL REGISTER CRITERIA STATEMENT (if applicable)
ARCHITECTURAL SIGNIFICANCE Describe important architectural features and evaluate in terms of
other buildings within the community.
35 Winter Island Road is one of the few examples of the
bungalow style found in the Salem Williows . It is a 1 1/2 story
house with a gable roof, oriented toward the water. A one-story
shed-roofed section extends across the rear (street elevation) ,
with a shed dormer above. This dormer holds two triple windows ,
separated by a smaller window; all sash is 6/6 . An exterior
chimney exists on the north elevation . A porch overlooks the ocean
on the front of the house . Unfortunately, a full description of
the facade is impossible due to the ocean-oriented siting of the
house .
HISTORICAL SIGNIFICANCE Explain the role owners played in local or state history and how the
building relates to the development of the community.
The cul-de-sac upon which 35 Winter Island Road is located
appears to have been developed in the early 20th century , but few
of the houses appear on the 1911 atlas . In 1911 the house had not
yet been built , but the lot was owned by Mrs . E. Coburn.
BIBLIOGRAPHY and/or REFERENCES
Walker Lithograph and Publishing Co. Atlas of Salem. Boston, 1911
8/85
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DEED REFERENCE: RECORD BOOK 9989 PAGE 110
PLAN REFERENCES: PLAN BOOK 10 PLAN 46
PLAN REC. BOOK 2315 PAGE 225
PLAN REC. BOOK 2541 PAGE 417
J L/ PLAN OF LCC 17146 (DISMISSED)
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DEED REFERENCE: RECORD BOOK 9989 PAGE 110
PLAN REFERENCES: PLAN BOOK 10 PLAN 46
PLAN REC. BOOK 2315 PAGE 225
PLAN REC. BOOK 2541 PAGE 417
J Ll PLAN OF LCC 17146 (DISMISSED)
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PLAN REFERENCES: PLAN BOOK 10 PLAN 46
PLAN REC. BOOK 2315 PAGE 225
PLAN REC. BOOK 2541 PAGE 417
J vN PLAN OF LCC 17146 (DISMISSED)
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