40 PINGREE STREET - ZBA D
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�- 40 PINGREE STREET (R-3)
ERIDANIA RODRIGUEZ
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DECISION OF THE PETITION OF ERIDANIA RODRIQUES REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 40 PINGREE STREET (R-3)
A hearing on this petition was held November 13, 1996 with the following
Board members present: Gary Barrett; Chairman, Nina Cohen, Richard Dionne,
Albert Hill and Paul Valaskatgis. 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 from front setback to enlarge the front
porch for the property located at 40-Pingree Street.
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 would like to enlarge her front porch approximately 12.5
feet toward the driveway.
2. A petition was submitted with 4 names in favor of this petition.
3. There was no opposition to this petition.
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.
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:
DECISION OF THE PETITION OF ERIDANIA RODRIQUEZ REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 40 PINGREE STREET (R-3)
page two
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions submitted to
and approved per the Board of Appeals.
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. Exterior finishes of the new construction shall be in harmony with
the existing structure.
is
Variance' Granted
November 13,1996
Paul Valaskagis , Member
Board of Appeal
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 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 Oc H`cARING 3�
PETITIONER ^ l/
LOCATION ,1
ii0TI0N: TO GRANT (J SECOND AMENDMENT SECOND
TO DENS" SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
i
ROLL CALL PRESENT GRANT. DENY A;END WITHDRAW RE-HEAR CONTI:
GARY M. BARRETT ✓//
ALBERT C. HILL
JOSEPH YWU
NINA V. COHEN
RICHARD DIONNE
ASSOCIATE ',EMBERS
ARTHUR LEBRECQUE
PAUL VALASKATGIS V
CONDITIONS: '
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October, 1996
Dear Neighbors:
This petition is being brought forward by the Rodriguez/De La Rosa family. As you all
know many renovations have taken place at 40 Pingree Street. In the near future we will be
starting another renovation project.
As part of this upcoming renovation project all the porches on the property will be torn
down and rebuilt. We are asking that our front porch be extended approximately 12.5 feet
toward the driveway.
We are appearing before the Board of Appeals on November 13, and ask you to sign your
name and address if you have no objections to our increasing the size of our porch.
Thank you.
Eridania Rodriguez
Arsenio De La 7a
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Salem Historical Commission
ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970
(508) 745-9595 EXT. 311 FAX (508)740-0404
October 29, 1996
GAS �
Stephen Taaeh -, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Touchette:
The Salem Historical Commission is in receipt of your agenda for November 13, 1996. Enclosed
please find a Building Survey form for 40 Pingree Street indicating that it was built c. 1926-1929. While
the Commission takes no position on the proposal, we hope that any exterior alteration would be
sympathetic in design. 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,(// ��
4,
THE SALEM HISTORICAL COMMISSION
Helen Sides
Chairperson
1GUGTOA0695
FORM B - BUILDING 6 P, a --15
AREA FORM N0.
MASSACHUSETTS HISTORICAL COMMISSION 39 - 11S
So BOYLSTON STREET
BOSTON, MA 02116
�, Salem
\� ess QO PinQTee Street
•oric Name
t
Present Ree ; lent ; a ,
Originalp., Aentia1
IPTION
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1e ,
itect
Sketch Map: Draw emp showing property's location
in relation to nearest cross streets and/or Exterior hall Fabric aara
geographical features. Indicate all buildings
between inventoried property and nearest Outbuildings
intersection(s).
Indicate north
` T P Major Alterations (with dates)
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R Condition
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T Moved No Date
P/iLN1E1Z T Acreage Less than one .
Setting In busy, residential area.
UTM REFERENCE Recorded by N,,j-hfipicjg preservation Assc
USGS QUADRANGLE Organization Calem Planning neot.
SCALE Date July. 19x9
NATIONAL REGISTER CRITERIA STATEMENT (if applicable)
ARCHITECTURAL SIGNIFICANCE Describe important architectural features and evaluate in terms of
other buildings within the community.
40 Pingree Street is a well-detailed building of unusual form
and detailing for its late 1920s construction date . It is a
two-story, three-bay building with a flat roof, rising from a high
granite basement . The central bay , containing the entry , is
recessed; a door opens onto a second-story central balcony . Other
features include 1/ 1 window sash, a cornice with paired brackets ,
and a two-story rear porch.
HISTORICAL SIGNIFICANCE Explain the role owners played in local or state history and how the
building relates to the development of the community.
This house was built during Salem's construction boom between
1924 and 1929 • The address first appears in the 1929 directory as
the residence of Albert Godin , a shoe worker , and his wife Irene .
BIBLIOGRAPHY and/or REFERENCES
Salem City Directories
�� , 8/85
APPEAL CASE NO. . . . . . . . _
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�3uar� of ��Pu[
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at: . ,l rep c�{-1 e�
� "•" •- • • . .. .. .Street; Zoning District. . ../
and said
_ parcel is affected by Section(s)
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. ... . .. . . . . . .... .... . .
State Building Code. of theMassachusetts
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I.% 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):
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:
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Ower..
Address. .110. .. .I 4T
Telephone. . ..7:j?.--`t.-�. I,/.-;.>.yo 5a?sem
Petitioner. .
Date..l,Ql%S � Address. . . ..
-
Three copies of the application must be filed with the Secretary of th of Appeal
with a check, for advertising in the amount of $... .. ..
(7t --•• • . four weeks
appeal. Check payable to the Sbrem Evening News-
prior to the
i
NOTE•
THIS. PLAN IS NOT THE RESUL T OF AN INSTRUMENT SURVEY
AND SHOULD NOT BE USED FOR BOUNDARY RECONSTRUCTION,
IT IS FOR MORTGAGE INSPECTION PURPOSES ONL Y.
N/F
KANE
50.00'
3987fSF
N/F N/F
PICKERING STODDARD
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50.00'
P I N G R E E STREET DEED REFERENCE'
BOOK 8715 PAGE 590
TO NORMEST MORTGAGE
THA TRTIFY THE DWELLING SHOWN HEREON IS MORTGAGE INSPECTION PLAN
LOCATED ON THE GROUND AS SHOWN AND
THAT ST CONFORMS TO THE DIMENSIONAL OF LAND IN
REOUIREMENTS OF THE ZONING BY-LAW OF
THE C17Y OF MA WITH RE&R
TO FRONTAGE, SALEAl AREA ANO SETBACKS A7 THE SALEM, MA
TIME OF CONSTRUCTION AND THAT THE
DWELLING SHOWN HEREON IS NOT LOCATED SCALE : I - = 20 " SEPTEMBER 30, 1993
WITHIN A FLOOD HAZARD ZONE AS DELINEATED
ON THE MAP OF COMMUNITY NO. 250102
SALEM, MASSACHUSETTS AS REVISED TO
OB/05/85 SY AGENCIES OF THE FEDERAL o 6 io 15 zo 3a 40 60 Fccr
INSURANCE ADMINISTRATION.
1114 OF MgSS9c
o MICHAEL COASTAL SURVEY
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5 13OVIO N WADS✓ORTH VILLAGE - DANVERS HOUSE
No.34sos 130 CENTRE ST. - DANVERS, MA
9OFE a"iA ' (508) 774-9450
r11,13
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DATE PROFESSIONAL LANG SURVEYOR C196