9 POPE STREET - BUILDING INSPECTION 9 -Pope St.
aCtu of _`3rttlem, �49a99aCjjUsetts
DECISION ON THE PETITION OF KEN STEADMAN/JIM FLYNN FOR y.� AUTA
ON MINIMUM DISTANCE BETWEEN BUILDINGS AND VARIANCE FRQM MULTI-
ON bd '95
USE FOR THE PROPERTY LOCATED AT-9- POPE-STREET (R-1) YP1
01 f R'k-c - I r- MASS
A hearing on this petition was held March 15, 1995 with the folPowf% Board
members present: Gary M. Barrett, Chairman(acting) ; Arthur Labreque, Joseph
Ywuc, Nina Cohen and Albert Hill. 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, owner of the property located at 9 Pope Street request a
Variance on minimum lot distance between buildings and Variance from
Multi-Family .
The relief 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 refuel 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. Petitioners Ken Steadman/Jim Flynn sought variance from rear setback
requirements and minimum distance between buildings to allow
development of a 4 unit condominium complex to be built on the
property at 9 Pope Street.
2. Plans submitted by petitioner showed a proposed development of
four separate single-family homes with garages, connected by a
paved access road in the form of a cul-de-cas.
3. Approval of the petitioner's proposed development plan was voiced by
Steven Baliotis, owner of Ideal Fishing Co. at 15 Proctor St. , Sharon
Maraffa, of 8 Pope Street and Thomas Brophy of 25 Proctor St.
4. Three abutters gave guarded approval, expressing concern over the
potential effect that the proposed development could have on an
existing drainage problem in the lower part of Pope Street. State-
ments by Mike Allen, 15 Pope St. ,Marion Tina of 43 Proctor St. and
Robin Allen of 17 Pope St. attested to the presence of standing water
in the street and in their properties following rainy weather.
DECISION OF KEN STEADMAN!JIM FLYNN FOR A VARIANCE OF MINIMUM
DISTANCE BETWEEN BUILDINGS AND VARIANCE OF MULTI-FPN':ILY USE FOR
THE PROPERTY LOCATED AT 9 POPE STREET. (R-1)
page two
i
5. Speaking for both developers, Ken Steadman stated that hevp
w4ld as1lyy��
his engineers to investigate the standing water problem. AV��zrdex'b6,Qk�
to follow up with the abutters to ensure that the new develo
not worsent he existing water problem. /' � .
On the basis of the above findings of fact, and on the evidence present
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 . The request relief can be granted without substantial detriment to the
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 unanimously, 5-0, to grant the
requested relief, subject to the following conditions:
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.
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. Petitioner shall obtain proper street numbering from the City of Salem
Assessor's Office and shall display said number so as to be visible
from the street.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but no t limited to, the Planning Board.
Variance Granted
March 15, 1995
Nina Cohen
Board of Appeal, Member
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
n
40
T9s S
s
SDD'r CERTIFICATE,OF OCC UPAPICl/(
5� Issued: 7 i /Permit
CITY OF SALEM
City of Salem Building Dept.
SALEM. MASSACHUSETTS 01970
—
��/MINE WN — — •
DATE JULY 2E 19 95 PERMIT NO. 375-1995
APPLICANT KEN STEADMAN ADDRESS 67 VILLAGE ST
(NO.) !STREET) (CONTRS LICENSE)
CITY MARBLEHEAD STATE MA ZIPCODE 01945 TEL.NO.NUMBER OF
—
PERMITTO NEW BUILDING I—) STORY ONE FAMILY DWELLING UNITS 1
(TYPE OFIMPROVEMENTI NO (PROPOSED USE)
AT(LOCATION)
0009 POPE STREET oSTIRICT R-3
(NO.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION MAP 15 LOT 0316 BLOCK SIZE 29195 SO FT
BUILDING ISTOBE FT.WIDE BY FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: BUILD NEW SINGLE FRMILY DWELLING Id� Wl I _POPE ST. 7 J. J. J.
AREA OR PERMIT
VOLUME ESTIMATED COST$ 80, 000 FEE $ 485.. IZ(QI
(CUBICISOUARE FEET)
OWNER ST FLYNN JAMES D/STEADMAN BUILDING DEPT.
ADDRESS __ MARBLEHEAD MA 01945 BY J. J. J
JOB SITE COPY
.`°� BUILDING
CITY OF SALEM
as1 ! SALEM, MASSACHUSETTS 01970
PERMIT
DATE JULY i-G 19 95 PERMITNO. 375-1995
APPLICANT KEN STEADMAN ADDRESS E7 VILLAGE ST
(N0.) (STREET) (CONTR'S LICENSE)
CITY MARBLEHEAD STATE MAZIPCODE 01945 TEL.NO.
PERMITTO 19EW BUILDING ( ) STORY ONE FAMILY NU1
DWELLING
UNITS
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
AT(LOCATION) 00414 POPE STREET ZONING Ft_3
DISTRICT
(NO) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
SUBDIVISION MAP 15 LOT 031 BLOCK LSIZE—
OT 29195 SO. FT
BUILDING IS TO BE FT.WIDE BV FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
-0 111
I (TYPE)
REMARKS: BUILD NEW SINGLE FAMILY E
DWELLING Co #LY.r; POPE ST. J. J. J.
AREA OR Call for Permit toOccui)y I�QI17U PERMIT
VOLUME EBD COST 81]J,
W $ 485. 00
(CUBIC/SQUARE FEET)
OWNER ST FLYNN JAMES D/STEADMAN BUILDING DEPT.
ADDRESS MARBLEHEAD MA 01945 BY J. J. J
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
►ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE
REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HASBEEN MADE. WHERE A PERMITS ARE REQUIRED FOR
1.FOUNDATIONS OR FOOTINGS. ELECTRICAL,PLUMBING AND
2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS.
MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
3.FINAL INSPECTION BEFORE OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS M INSPECTION ROVALS ELECTRICAL INSPECTION APPROVALS
2 07 MA a. 2
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XQe ,,,rz�a,q �✓ — —� �'6''l�
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BOARD OF HEALTH AS INSPEC APPROV S FIRE DEPT.INSPECTING APPROVALS
/4//
OTHER CITY ENGINEER 2 2
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECONfE NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION.