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12 WOODBURY COURT - ZBA 12 WOODBURY COURT V ,y , Legal Notice CITY OF SALEM BOARD OF APPEAL _ will hold a public hearing for all persons interested in the petition sub- miffed by GARY SCOTT requesting a Variance for relief from lot area per dwelling unit and relief from mini- mum frontage to construct a duplex for the property located at 12 WOOD be hY COURT(R-2).Said heanng te e d WEDNESDAY,SE ER 19, 2001,at 6:30 P.M., 120 WASH- INGTON STREET,third floor. Nina Cohen,Chairman (9/5,12) OON1117 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR a p SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 p rt I' KIMBERLEY DRISCOLL _ 2069 JUL 28 P 3: 45 MAYOR ;i L CITY" CLEF" July 28, 2009 Decision City of Salem Zoning Board of Appeals Petition of WOODBURY CT. TRUST, seeking Variances from required side and front yard setbacks,minimum lot area, and minimum lot area per dwelling unit, to allow for the construction of a two-family house on the property at 12 WOODBURY COURT, Salem,MA, in the Residential Two-Family Zoning District(R-2). Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, 56-4, Table I: Residential Density Regulations. Statements of fact: 1. The petitioner,Wayne Silva, represented himself at the hearing. 2. In a petition dated June 22,2009,the petitioner requested Variances from required side and front yard setbacks, minimum lot area, and lot area per dwelling unit,to allow for the construction of a two-family house on the property at 12 Woodbury Court. 3. A public hearing on the above mentioned Petition was opened on July 15, 2009, pursuant to Mass General Law Ch. 40A, §§ 11. The pubic hearing was closed on July 15,2009, with the following Zoning Board of Appeals members present: Robin Stein (Chair), Richard Dionne,Beth Debski,Annie Harris,Bonnie Belair (alternate), and JimmyTsitsinos (alternate). 4. One resident submitted a letter of support for the project because she felt it would enhance the neighborhood. 5. Two residents spoke at the meeting, stating that concerns they had previously about the design of the project and access to parking had been addressed by Mr. Silva when they met with him prior to the hearing. They submitted to the Board a copy of a letter they wrote to Mr. Silva detailing their concerns. At the hearing,Mr. Silva agreed to incorporate the requests,with Board modifications, as conditions of approval. 6. At its meeting on July 15, 2009,the Board of Appeals voted five (5) in favor and none (0) opposed to grant Variances under$6-4,Table I: Residential Density Regulations. 2 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 without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. 2. Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other land or buildings in the same district. 3. The applicant mayvary the terms of the Residential Two-Family District to construct the proposed development, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 4. 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. To allow for the redevelopment of the property as proposed,the requested Variances from dimensional requirements for structures in the Residential Two- Family zone is granted. In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Stein, Harris,Belair,Debski and Dionne) and none (0) opposed,to grant petitioner's requests for Variances 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 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. 3 8. Exterior of the new structure shall be wood or wood composite clapboard, but in any case not vinyl. 9. Shutters shall be placed around all windows,where possible. 10. Decorative details shall be added to doorways. 11. Two (2) windows shall be added to the front of the house, and two (2) to the rear for a total of four(4) additional windows. 12. Six over six lattice windows shall be used. 13. Applicant shall provide a permanent easement of 10 feet in width to the neighbors at 10 Woodbury Court that will allow access to proposed parking area from the street adjacent to where the present shed at 10 Woodbury Court is located as shown on the plans submitted.. Chair /cpm Ro m Stem, Salem Zoning 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. CITY OF SALEM9 MASSACHUSI�1T OF SALEM. MA BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE SALEM, MA 01970 TEL. (978) 745.9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. - - 1001 OCT 25 P Z. 59 MAYOR DECISION OF THE PETITION OF GARY SCOTT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 WOODBURY COURT R-2 A hearing on this petition was held October 17, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris, Nicholas Halides and Joan Boudreau. 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. The petitioner is requesting a Variance from relief from lot area per dwelling unit and relief from minimum frontage to construct a duplex for the property located at 12 Woodbury Court located in an R-2 zone. The Variances; which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of 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. Mr. McIntosh, the petitioner spoke in support of his request. 2. Bela Mosszi, the builder spoke on the details of construction. 3. Mr. & Mrs. Butler of 4-6 Woodbury Court spoke of the following concerns: existing on the street parking 12 14 cars, additional unit would impact an already crowded situation; impact on plowing of snow, the city does not presently plow the street due to the narrowness and on street parking, an additional unit would further crown the street, City collection of rubbish is presently difficult due to on street parking, an additional unit will create more congestion. ' DECISION OF THE PETITION OF GARY SCOTT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 WOODBURY COURT R-2 pagetwo 4. Regina Flynn, City Council member, spoke on existing density being high with the petition seeking to expand an already dense condition, and parking presently being overcrowded with the petitioner seeking to expand the over crowded condition. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning 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 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 5-0, to grant the Variances 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 fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 7. Plans of the driveway as approved on October 17, 2001. 8. A minimum 18 foot wide driveway from the property line at Woodbury Court to the new structure. 9. A 20-25 foot turnaround apron at the garage entrance. Variance Granted October 17, 2001 J �C�>W`- Nicholas Helides Board of Appeal DECISION OF THE PETITION OF GARY SCOTT REQUESTING A VARIANCE FOR PROPERTY LOCATED 12 WOODBURY COURT R-2 page three 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 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 certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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 AOL Mail=Print Message T ? t Page l=of:l From: Tinatwallace@aol.com To: WayneBuyersRE@aol.com Subject: 12 Woodbury Court Date: Sat, 11 Jul 2009 7:09 pm To; City of Salem Zoning Board of appeals : I am the owner and developer of the property at 10 Woodbury Court. It was an existing 2 family. In 2007 it was rehabbed and turned into 2 condo units . I have spoken with Wayne about his plans for the lot and I support him in this venture. It can only enhance this neighborhood of single family homes, multi family units, and condo conversions. Augustina (Tina) Nadolna Summer concert season is here! Find your favorite artists on tour at TourTracker com. http://webmail.aol.com/43735/aol/eh-us/Lite/PriiitMessage.aspx?usei=PJWs2fsp8z&folder... 7/12/2009 H3MLS ,.Report for MLS # 70799213 Page 2 of 2 Firm Remarks: Short sale.Purchase price and commission subject to third party approval. Listing Office: Keller Williams Realty® (978)927-8700 Listing Agent: Paul Herrick® (978)927-1959 Sale Office: Century 21 Cithvide ® (781)286-8900 Ext 627 Sale Agent: Lucy Basile® (617)908-3678 Seller Concessions at Closing: Financing:Conv.fixed The information in this listing was gathered from third party scurces including the seller and public records.MLS Property Information Network and its subscribers disclaim any and all representations or warranties as to the accuracy of this infom atlon.Content©2009 MLS Property Information Network,Inc. http://h3x.mispin.com/search/details:asp?printpage=yes&mis=70799213&ListingType=&...• 1 7/10/200.9 ' ^C� Y•P�.✓.C�-/ '�! /j'�1✓A/`%fjE�l//� pf' �' .�I^ ti.L'�'` b�ii�l.