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6 POPE STREET - BUILDING INSPECTION J2 1 P �oNrnrA CITY OF SALEM, MASSACHUSETTS .,,.;, `1, i 11 d BOARD OF APPEAL i.•r.,� �."`'rIL ('S UFFICE - ' 120 WASHINGTON STREET, 3RD FLOOR 9 o SALEM. MASSACHUSETTS 01970 - TELEPHONE: 978-745-9595 inygo�' FAX; 978-740-9846 28 KIMBERLEY DRISCOLL MAYOR October 2, 2007 Decision City of Salem Zoning Board of Appeals Petition of Stephen Lovely requesting variances from lot area, side setbacks, front setback, and curb-cuts to construct a two-family residence for properties located at 6-8 POPE STREET [R-31. A public hearing on the above petition was opened on September 19, 2007 pursuant to Mass General Law Ch. 40A, Sec. 11,with the following Zoning Board members present: Robin Stein,Rebecca Curran,Richard Dionne, Annie Harris, and Bonnie Belair. Petitioner seeks variances pursuant to Section 9-5 from lot area, width of side yard, depth of front yard, and curb-cuts to construct a two-family residence at 6-8 Pope Street. 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 of fact: 1. Stephen Lovely,presented the petition for the property owned by Sharon Marraffa, at 6-8 Pope Street in the Residential Multi-Family Zoning District [R-3]. A letter from Sharon Marraffa providing consent was submitted. 2. Petitioner proposes to construct a two family home with a footprint approximately 24' x 48' as show on the plans entitled"Plan of Land located in Salem Massachusetts", prepared by Eastern Land Survey Associates, and dated May 14, 2007. 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 as follows: 1. The petitioner may vary the terms of the Business Multi Family Zoning District to enable the proposed development, which development is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. 2 In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein, Harris, Belair,Dionne, and Curran) none (0)opposed, to grant petitioner's requests for a variance and special permit 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 shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Robin Stein, Mair 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. Citp of 6aiem, 0ag5aCbU!5Cttg +v ria Public Propertp Mepartment 9B�MIIV6 Nuilbing Mcpartment ' One batem green 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 3, 1989 John M. Hartley, Esq. Attorney at Law 23 Central Avenue Lynn, MA 01901 RE: 6 Pope Street, Salem Dear Mr. Hartley: This letter will acknowledge receipt of your letter of March 29, 1989 regarding the above referenced property which is owned by Peter Lygomenos and the possibility of the property being grandfathered. As you are aware Chapter 40A Section 6 of the General Laws states that in order to be so called "grandfathered" a lot for one and two family use must have at least five thousand (5000) square feet of lot area and fifty (50) feet of frontage. As you have indicated in your letter this lot has forty two (42) feet of frontage, therefore, it cannot be considered for grandfathering. I would suggest that your client consider requesting a Variance from the City of Salem Zoning Board of Appeal in order to gain relief from this Chapter of the General Laws. Sincerely, William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms BUILDING DEPT G�0-,57 -'"v' 11AR 30, RECEIVED G.@TY OF SALEM,MASS.. .idl�ea�e�,ar9ar //7/58/-SP70 OF COUNSEL WENDELLP.WEYLAND March 29, 1989 Inspector of Buildings Building Department City of Salem One Salem Green Salem, MA 01970 RE: Peter Lygomenos Pope Street Salem, Massachusetts Dear Sir: Please accept this letter in response to the requirements of the Department of Policy for grandfather lots. 1. The property which Mr. Lygomenos owns at 6 Pope Street has 42 feet of frontage on Pope Street according to the deeds of record. The lot contains 5,190 square feet according to a plan recorded at Book 3329, Page 77, Essex South District Registry of Deeds. 2. The lot is located in an area which is zoned for either single or two family use. 3. The lot conformed to existing zoning when it was created. 4. The most recent instrument of record prior to the effective date of the change from which the exemption is sought, which is August 27, 1965, shows that the lot was separately owned. 5. As to conveyances after the zoning change, the lot has retained its separate identity by continually being described as a separate and distinct lot. The lot has been a separate lot and not available for use in connection with adjoining land on the effective date of the zoning requirements (August 27, 1965) , which made the lot substandard. Very truly:/// hn H tl Esq. JM1I/md d ' ZONING: . EVALUATION �,o� ZON NG rpi _ I DISTRICT . R 3 _ 4'40+ SF 25,00 SF: 9. - # ITEM �Qo dLocus - LOT AREA II r 720* SF . 20' FT LOT WIDTHL. UNIT FTO SF. 4I +' F SIDE YARD RD 20 FT. _ . 1015 FT. 5 FT: 00 REAR YARD 30 FT. IOQ* FT: LOT COVERAGE .35 % 12* '% OF 1947 545 PLAN # DENOTES VARIANCE REQUESTED l LOCUS MAP K& R REALTY TRUST j A, NSP / S . 2s0 01. c,5<v`SQ Qp f� 9j. �L DRILL HOLE SET L� � f TYP I CAU �`m •�/ ry _7Z 3 05 69 S/ % MASSACHUSETTS ELECTRIC CO. DH IR SALEM HEIGHT ' I PLAIN 545 OF 1947 `n APARTMENT CO. 05 w 03 a . AREA w �r LOT 9 440f SF: i°o.. amiss PLAN. 138 OiF .1968 ABANDONED :;EWER S H �z DH To per' S X03 �� lip 3iv2 : PROPOSED DUPLEX ' d 6 3�2pry �`L - - -- 24" - --- N S 24' S PROPOSED 2y �h 15 pNDONED p I �- PARKING N' O �� / DMH 24". RCP AB 1 '' ®: � N �s 9Ecr / 59.17 l iLn II RON ROD SET f TYP I CAU ,A S IIR. D N 04'18'26" E ; ASSESSORS MAP 15 LOT 306 & 307 Q ° RECORD OWNER: SHARON M. MARRAFFA 3B � D RCP DEED REFERENCE; RECORD BOOK 12810 PAGE 442 ,�sMH STREET r�-� p r� D D 541H PLAN REFERENCE: ' PARCEL .307 l ►J 1 11 E 1 s Io° sEWER . 0 PLAN REC. BOOK 2317 PAGE .200 sMH oMIH %s o WATERo UTILITY - SERVICE POLE q THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED EASEMENTS. PLAN OF - LAND , . LOCATED IN SALEM,.,SALEMP . ,m M ASSAC. H U SETTS PREPARED BY EASTERN LAND SURVEY ASSOCIA TES, INC. FOR REGISTRY USE ONLY PLS CHRISTOPHER R MELLO, 104 LOWELL ST PEABODY; MA. 01960 I CERTIFY. THAT .THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXIST/NG OWNERSHIP, AND THE 97 8) - LINES OF STREETS AND WAYS SHOWN ARE THOSE SCALE: i �� =. 20.' 2 MAY 1`4 2007. . 531 81 I HEREBY. CERTIFY THIS PLAN CONFORMS OF PUBLIC OR PRIVATE S77?EETS OR WAYS ALREADY TO THE RULES AND REGULATIONS OF THE ESTABLISHED AND NO NEW LINES FOR DI WSION OF REGISTERS OF .DEEDS OF THE COMMON— EXIS77NG OW NERSH/P OR FOR. NEW WAYS ARE OWN.. WEAL TH OF MASSACHUSETTS. CHRISTOPHER G� - . . R p No.31317�0 _ 0' 10'. 20 40+ .&0 80 % �Np sURd�� CHRISTOPHER R. MELLO P F. 10296 i � it --- --- --�- -n -- -r--- , —_— ,