21 PARALLEL STREET - BUILDING JACKET 21 PARALLEL STREET
i�
(fit" of �ttlem, ��Httssttthusetts
Board of Appeal
DECISION OF THE PETITION OF LEONIDAS PHILIPEDES REOUESTING
A VARIANCE FOR THE PROPERTY LOCATED ATc21DPARALLEL`STREET'.(R-CC�' '
A hearing on this petition was held July 26, 1995 with the following Board
members present: Stephen Touchette. Chairman; Gary Barrett, Albert Hill,
Nina Cohen and Arthur LeBrecque. 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, owners of the property request a Variance from front yard
setback-to construct a single family dwelling for the property located at
21 Parallel Street (R-C)
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's property encompasses a 9,460 sq. ft. pond, and it borders
a protected wetland on two sides. Petitioner proposes to build a
single family house on the site.
2. To meet the fifteen-foot setback requirement of the zoning ordinance,
the proposed dwelling would encroach upon a 12 ft. buffer zone
extending outward from the wetlands'outer edge.
3. Petitioner requests a variance to allow the dwelling to be situated
nine feet from the roadway, to permit a greater distance between the
wetland and the rear of the dwelling.
4. Petitioner submitted a Notice of Intent from the Salem Conservation
Commission, approving the proposed dwelling on the site requested.
5. Ms. Cara Coddens, an abutter,opposed the granting go the variance on
the grounds that the proposed building would destroy an area of
remaining wetland, and also because the granting of the variance would
significantly reduce her privacy.
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.
41DECISION OF THE PETITION OF LEONIDAS PHILIPEDES FOR A VARIANCE
• FOR THE PROPERTY LOCATED AT 21 PARALLEL STREET (RC)
rage two
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.
Therefore, the Zoning Board of Appeal voted a in favor, 1 opposed to grant
the variance requested, subject to the following conditions:
I. Petitioner shall comply with ail 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.
y. Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain proper street numbering for the Mit of Salem
Assessors 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.
Variance Granted
July 26, 1995
Nina Cohen, 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
Cittl of ttlem, Ittssttcliusetts
'fiattra of �rrrr�reztl
JUL JU I i 1S � i : b
DECISION ON-THE-REQUEST-FOR-AN EXTENSION OF VARIANCES
GRANTED TO 21 PARALLEL STREET (R-C) , OWNED BY LEONIDAS PHILIPEDES
At a hearing held Julv 17. 1996, the Board of Appeal voted unanimously,
5-0. to allow a six (6) month extension for Variances granted originally
for front yard setback to construct a single family dwelling. Said
extension shall be up to and including January 25, 1997.
A copy of the original decision have been filed with the Planning Board and
with the Citv Clerk.
. 2a'c J �Gitit Asch,
Gary Barrett, Chairman
Board of Appeal
°,COMM>�`°a� t U of `;ale 1T, 1 SSFTC ttSET �
� a` ��ItItITTtttg �IIc`Trt�
ME Air �$alcm Great
n N
Decision
� N
^v L1rn
Wetlands and Flood Hazard District LO
0 4
Special Permit ;
Leonidas Philipedes s �--
245 North Street
:e':
em, MA 019
21 Parallel Street
eptember 21, 1995,the Planning Board of the City of Salem held a public
hearing regarding the application of Leonidas Philipedes for a Special Permit under Section 7-16,
Wetlands and Flood Hazard District of the Salem Zoning Ordinance, with respect to a proposal
to construct a single family home, driveway, and associated municipal utility connections at
21 Parallel Street, located within a Buffer Zone.
At a regularly scheduled meeting of the Planning Board held on Thursday, September 21,
1995,the Board voted by a vote of seven(7) in favor, none opposed, to approve the application
as complying with the requirements of a Special Permit, subject to the following conditions:
1. Conformance with Plan
Work shall conform to plan entitled, "Permit Site Plan at 21 Parallel Street in
Salem. MA" prepared by Hancock Environmental Consultants, dated May 4,
1995, revised June 28, 1995.
2. Conservation Commission
Work shall comply with all requirements of the Order of Conditions #64-235
issued by the Salem Conservation Commission on July 26, 1995.
3. Board of Health
Work shall comply with all requirements of the Board of Health approval dated
September 18, 1995.
4. Board of Appeals
Work shall comply with all conditions of the Variance granted by the Board of
Appeal on July 26, 1995.
5. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. No work shall commence before 8:00 a.m. on weekdays and Saturdays.
No work shall continue beyond 5:00 p.m. There shall be no work
conducted on Sundays or Holidays. Inside work of a quiet nature may be
permitted at other times.
b. All reasonable action shall be taken to minimize the negative effects of
construction on abutters. Advance notice shall be provided to all abutters
in writing at least 72 hours prior to commencement of construction.
C. All construction shall be performed in accordance with the Rules and
Regulations of the Planning Board and in accordance with any and all
rules, regulations and ordinances of the City of Salem.
6. Violations
Any violations of these conditions may result in the revocation of this permit by
the Planning Board.
This Special Permit shall not take effect until a copy of the decision bearing the
certification of the City Clerk that twenty days have elapsed and no appeal has been filed, or that
if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex
County Registry of Deeds and is indexed in the grantor index under the name of the owner of
record or certificate of title. The fee for recording or registering shall be paid by the owner or
applicant.
Walter B. Power, III
Chairman
con ZG
„x
� �n