13 POPE STREET - BUILDING INSPECTION 13 POPE STREET
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No. 153L•2
HASTINGS. MN
LOS ANGELES-CHICAGO-LOGAN.ON
McGREGOR.TX-LOCUST GROVE.GA
U.S.A.
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DECISION ON THE PETITION OF CHARLES BRETT FOR VARIANCES
AT 13 POPE ST. (R-2)
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti . Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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, is requesting Variances from density, rear lot
line, distance between buildings and for more than one building per lot to allow
construction of two duplex form structures on this site which is located in
an R-2 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exisht which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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 or 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 . The purchased the property from the City of Salem by tax title with
conditions.
2. The petitioner appeared before this Board in 1984 but has not been able to
move forward with his plan because of a drainage problem on the site.
3. The drainage problem has been corrected and all work will be done in
compliance with an Order of Conditions issued by the City of Salem Conservation
Commission.
4. Several neighbors and abutters spoke in favor of this petition.
5. The proposed structures will be two story wood frame duplexes.
6. The property in question will be enhanced by the development as will the
neighborhood.
DECISION ON THE PETITION OF CHARLES BRETT FOR VARIANCES AT
13 POPE STREET, SALEM
page two
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the 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 financial or otherwise, 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 unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . All construction is to be done in compliance with existing City and
State Building Codes.
2. All construction is to be done according to the plans and dimensions
submitted and as amended.
3. The petitioner shall obtain a legal building permit.
4. The petitioner shall obtain a Certificate of Occupancy for the new dwellings.
5. The petitioner shall obtain proper lot and street numbers from the
City of Salem Assessors Office.
6. All requirements of the Salem Fire Department relative to smoke and fire
safety must be strictly adhered to.
VARIANCES GRANTED
October 17, 1990
Mary J tirgwolt, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
-eel from this decision, if any, shall be made pursuant to Section 17 61
Vl c Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pur-.i, is ;o Mass. General Laws, Se: ,rm. i i. the variance
cri ii Pcrmn?ranted herein shit n_t take ui:c t'.I a copy of the
-sion, t:c-,;n.o the certification of the City Clerk ih_.t 30 days have
c,:.eser: and no cppeal has been filed, or that, it such a9poal has been
tiled, tl;,it i' teen dismissed or denied is recorded In the South Essex
Registry of Dara and indexed under the name or the owner of record oc
is recorded and noted on the owner's Certificate of Title.
BOARD OF kPPEAU
(z)
(rite of ���ilcin, ��rz5s�ci�itsr.�ts
Offirr of i4r Ti#g Gerk
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'III OCT 38
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CITY Or S:L`: , IiASS.
Date (9-t'.C/ 31 19T
M: Mr. Richard T. McIntosh, Director of Public Property
FROM: Josephine R. Fusco, City Clerk
The land listed below is currently before the Crnmittee on CwTunity Development
for possible sale. I would appreciate your filling out the following, and returning it
to the City Clerk as soon as possible. t
WCUION OF IArm ,3 Rowe. ST MAP # A.4 Wr # jl�;K
SQ. FT. a 01 eZ Z12 YES NO
Is this property located in a Conservation area?
Is this property located in an Historic District?/1 Q
Zoning Status 3
STATEMENT OF APPROVAL
I, Richard T. McIntosh, holding the position of Director of Public Property in
the City of Salem, hereby certify that the subject property described above, presently
owned by the City of Salem, is not needed nor is it reasonably an cipa that it will
ever be need or public use. t
date Richard T. McIntosh
STATEMENT OF DISAPPROVAL
I, Richard T. McIntosh, holding the position of Director of Public Property in
the City of Salem, hereby disapprove the above sale of City-04ned Ianl.
date Richard T. McIntosh
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PLAYGROUND �' •� C/� \ i
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Salem Massachusetts 01970
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ASSAC��
July 3 , 1985
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA. 01970
RE: Petition of Charles Brett for a Special Permit to construct two
buildings each containing two units and a Variance from density
requirements a 13-Pope SStreet , R-2.
•�
Dear Mr. Hacker:
The Conservation Commission has been informed that the Board of
Appeal will be reviewing the above-referenced petition at its next
meeting.
The Conservation Commission would respectfully request that any
granting of Special Permit or Variance be contingent upon review and
approval by the Commission. There is some question of the existence of
wetlands on the site and any construction within 100' of a wetland is
,subject to Conservation Commission approval.
Thank you for your consideration in this matter.
Sincerely,
Yd =a
.F K
Philip D. Moran C>
s o
Chairman '`'rrt r-
n m (A --
cc: Barbara Allen, Pope st. m t o
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Bill Munroe o eme
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Philip Strome, Esquire
73 Washington Street
Salem, MA 01970 - Box #25 L
[Space Above This Line For RecordingData]
� '13:5 79Nn 0
MORTGAGE
T9THIS MORTGAGE ("Security Instrument")is given on.......June 3, 1991
19..........The mortgagor is.are.,George.•F.••Cronin,••,Peter M. Perkins and Paul R. Perkins
as joint..tenants
........ ................
"Borrower").This SecurityInstrument is rven to.................... .
H�.91.T.AGE,CO-OPERATIVE ........................................ ................................. . g
....which is organized and existing -
under the laws of...GRtomRnWt a1 t h...9i..kIdS.S4C. 915.4�t.t§.........and whose address is ...................................... .
7...1.VYash)Apt9.R.Stfet3S..—.$alern,•Massachusetts 01970
Borrower owes Lender the principal sum of....1'wo••Hundred..Thirteen••Thoosand.,and..00/100•---(''Lender.'). i
-------------------- 213 000 00
"" Dollars(U S $ ).This debt is evidenced by Borrower's note
dated the same date as this Security Instrument("Note'), which provides for monthly payments,with the full debt, if not
paid earlier,due and payable on...................June 3,,,••1,992,,,•,• . • a
.... .............................................This Security Instrument =-
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modifications;(b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this
Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and
LrI
the Note.For this purpose,Borrower does hereby mortgage,grant and convey to Lender,with power Security
the following
described property located in ................................................Bs.Se7S..........................ride..... ith.....County,Massachusetts:
The land in Salem, Essex County, Massachusetts, shown as Lot 2 on "Site
Plan of Land in Salem, Mass. , Prepared by: P.J.F. Associates, 11 Gleason
St. , Medford, Mass. , Scale I. = 20' , Date: July 3, 1989". Said Plan to
be recorded herewith at Essex South District Registry of Deeds.
0
Containing 16,000 square feet t according to said Plan. I
O
Subject to and with the benefit of a Right of Way for Sewer as shown N
on said Plan. N
c�
Being the same premises conveyed to us by deed of Charles Brett, Trustee
of Brett Family Realty Trust, dated June 3, 1991, to be recorded herewith.
which has the address of ....l .•Pope Street Salem
...............it...................................
. ...........................
Massachusetts 01970 [city]
.....ode]................... (..Property Address");
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or
hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the
foregoing is referred to in this Security Instrument as the"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations byjurisdiction to constitute a uniform security instrument covering real property.
MASSACHUSETTS—Single Family—FNMA/FHLMC UNIFORM INSTRUMENT Form 3022 12/83
N721 SAF SYSTEMS AND FORMS
,E R ., CHICAGO.IL
BACHOROWSKI & FORSSTROM
Attorneys at Law
81 WASHINGTON STREET
SALEM, MASSACHUSETTS 01970
(617) 744-5100
222 CABOT STREET
JOSEPH A.BACHOROW5HI,SR. BEVERLY,MASSACHUSETTS 01915
H.ALLAN FORSSTROM,U
(617) 922-3936
December 22 , 1983 Cl) o
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Mr . Richard McIntosh n `j
Supt . of Public Property N
City of Salem
One Salem Green
Salem , Massachusetts 01970
Re : Land located off Pope Street in Salem
Dear Mr . McIntosh :
On September 1st , four enclosures along with a letter of
explanation were forwarded to you regarding the above property of
my client Elmer Warner .
Three of the enclosures were reference materials , the fourth was
a Building Inspector/Superintendent of Public Property Approval
Form which I asked to be signed and returned to me . To date , my
office has not received this form .
May I ask that you review your file and if you concur with the
request , sign the release and forward it to me at my Salem
office . My client had anticipated resolving this issue before
the end of the year and I would like to bring the matter to a
close as early into the new year as possible .
Thank you for your anticipated cooperation in this request .
Happy holidays !
Very truly yours ,
H . Allan Forsstrom
HAF :msb
BACHOROWSHI & FORSSTRO-NI Al/
Attorne'vs at Law ®CIO
81 WASHINGTON STREET L
SALEM, MASSACHUSETTS 01970
(G17) 744-5100
222 CABOT STREET
JOSEPH A.BACXORO WS RI.SP. BEVERLY.MASSACHUSETTS 01915
M.ALLAN FORSSTROM,U
IBIT 922-3aSH
January 20, 1983
Stephen Lovely, President
Salem City Counsel
93 Washington Street
Salem, Massachusetts 01970
Dear President Lovely and Members of the Counsel :
I represent Elmer H. Warner and Eleanor Warner, the owners of a piece of land off
Pope Street, Salem, Massachusetts (please see attached Exhibit 1) . This parcel
of property contains approximately 26,330 square feet of land. Of this 26,330
square feet of land, however, only 19.88 feet is on Pope Street (please see
attached. Exhibit 2) . Land owned by the City of Salem abuts the Warner property
on three sides.
Mr. and Mrs . Warner are interested in purchasing a small triangle of land which
abuts'this parcel on the southwest edge (please see attached Exhibit 3) ; said
parcel runs 85 feet along Pope Street , 19.89 feet along land now of the City of
Salem, and 87.50 feet along the existing property of the Warners . The square
footage which is the subject of this inquiry is approximately 845.33 square feet .
Purchase of this property would provide the frontage on Pope Street necessary for
the Warner's property to qualify for a building permit. The City of Salem would
accrue additional tax moneys once the land is developed.
If the City Counsel is interested in the sale of this property to the Warners , I
am prepared to make an immediate offer on behalf of my clients.
Should you 'have any questions regarding this request, please do not hesitate to
contact me directly.
Very truly yours,
H. Allan Forsstrom
HAF:msb
Enclosures (3 Exhibits)
BACHOROWSKI & FORSSTROM 0//
ATTORNEYS AT LAW
81 WASHINGTON STREET
SALEM, MASSACHUSETTS 01970
(6171744-5100
JOSEPH A.BACHOROWSKI
H.ALLAN FORSSTROM.II 222 CABOT STREET
BEVERLY,MASSACHUSETTS 01915
February 10, 1983 16171 922-3634
Stephen Lovely, President -
Salem City Counsel
c/o Mrs. Josephine Fusco, Sec.
93 Washington Street
Salem, Massachusetts , 01970
Re: Intention of Elmer Warner to purchase city-owned land off Pope Street, Salem
Dear Pres. Lovely and Members of the Counsel:
The following information is forwarded to you to supplement my letter of January
20, 1983.
I have expressed to you the desire of Mr. and Mrs. Elmer Warner to purchase an
area of city-owned land off Pope Street in Salem. This piece of property which
my client has expressed a desire in purchasing has an area of approximately
8L5.33 square feet of land. At this time, I would like to offer $750.00 as a
purchase price for this property.
My clients have a second proposal which I would like to present to the Counsel
for consideration: to �xchal.ge a portion of the land owned by the Warners which
is adjacent to the city-owne,i land on the North, North Westerly border of their
property for city-owned land on the South, South Westerly border. (please refer
to attached Exhibit 1 ) The land which my clients would deed to the City is
colored in blue; the land the City would deed to my clients is co ore in yellow.
This exchange would provide a greater area for a City Park. It would also be
easier to fence the park area if the boundary was straighter than it is at the
present time. A larger contiguous piece of land would make the property more
useful for its designated purpose -- being a public park.
The Warners would gain more land along Pope Street from the exchange. This
would qualify the lot under the zoning regulations for development.
The area which the City would receive appears to be larger in area than the piece
which the Warners would receive. A proper survey would have to be made prior to
finalyzing the terms of the exchange of land.
Other than costs for the survey, no money would be passed either from the Warners
to the City of Salem or from the City of Salem to the Warners.
2
Re: Intention of Elmer Warner to purchase city-owned land off Pope .Street, Salem
Please review the two proposals and if the City Counsel is willing to consider
either proposal, please contact me. I am available to the City Counsel if any
further information is requested.
I await your response.
Very truly yours,
G� 7;
H. Allan Forsstrom
HAF:msb
Enclosure
BACHOROWSKI & FORSSTROM
Attorneys at Law *
81 WASHINGTON STREET SEP
SALEM, MASSACHUSETTS 01970 RE!CENZE)
— CITYOF SALEM,MAsg.
(617) 744-5100
222 CABOT STREET
JOSEPH A.BACHOROWSNI,SR. BEVERLY,MASSACHUSETTS 01915
H.ALLAN FORSSTROM,U -
(617) 922-3434
September 1 , 1983
Mr . Richard McIntosh
Supt . of Public Property
City of Salem
One Salem Green
Salem, Massachusetts 01970
Re: land located off Pope Street in Salem
Dear Mr . McIntosh:
Enclosed please find
( 1 ) photocopy of letter to Stephen Lovely , President , Salem
City Counsel , dated January 20 , 1983 ,
( 2) photocopy of letter to Stephen Lovely, President , Salem
City Counsel , dated February 10 , 1983 ,
( 3 ) photocopy of property area and abutting land area, and
(4) Building Inspector/Superintendent of Public Property
Approval Form.
I believe that the enclosures are self-explanatory and would ask
that you review the same.
If further clarification of the proposal is necessary , please do
not hesitate to phone me.
Your response will be forwarded to Brian O ' Kefe , Chairman of the
Community Development Committee , to whom this matter has been
referred to by the Salem City Counsel .
Thank you for your attention to this matter .
Very truly yours ,
H . Allan Forsstrom
HAF :msb
Enclosures
/c. a. coPv
' CERTIFICATX OF OCCUPANCY
CITY OF SALEM Issued.44ld. L'*wmd N:3
< - City of Salem Buildin Dept. -95
SALEM, MASSACHUSETTS 01970
DATE JULY 26 19 95 PERMITNO. 375-1995
APPLICANT KEN STEADMAN ADDRESS ST VILLAGE ST
(NO.) (STREET) (CONTR'S LICENSE)
CITY MARBLEHEAD STATE MA ZIPCODE 01945 TEL.NO. - _
PERMIT TO NEW BUILDINGDWELLING UNITS
(_) sroaV ONE FAMILY NUMBER OF 1
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
AT(LOCATION) DIST
0009 POPE STREET ZONI IG R—,3
(N0.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION MAF' 15 LOT 0316BLGCK SIZE 29195 SG. FT
BUILDING IS TO BE FT.WIDE BV FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
���� (TYPE)
REMARKS, BUILD NEW SINGLE FAMILY DWELLING @ #1 '1` POPE STJ J. J. J.
AREA OR $¢� 60. 000 FEE PERMIT
$ 485 010
VOLUME ESTIMATED COST.p
(CUBICISOUARE FEET)
OWNER ST FLYNN JAMES D/STEADMAN BUILDING DEPT.
ADDRESS MARBLEHE.AD MA 01945 BV J. .7. 1
JOB SITE COPY
CITY OF SALEM
BUILDING
aria SALEM, MASSACHUSETTS 01970
PERMIT
DATE JULY 2q, 19 95 PERMIT NO. 37G-1995
APPLICANT KEN STEADMAN ADDRESS E7 VILLAGE ST OWNER
(NO.I (STREET) (CONTR'S LICENSE)
CITY MARBLEHEAD STATE MA ZIP CODE 01945 TEL.NO. -
PERMIT TO NEW BUILDING I ) STORY ONE FAMILY NUMBEROF 1
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE) DWELLING UNITS
0043 POPE STREET ZONING R-3
AT(LOCATION) DISTRICT
(NO.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
SUBDIVISION MAP 15 LOr 031EBLOCK SIZE 291.95 GO FT
BUILDING IS TO BE FT.WIDE BV FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
J (TYPE)
REMARKS: BUILD NEW SINGLE FAMILY DWELLING @ # ,1'.l= POPE ST. J. J. J.
Call for Permit to Occupy
AREA OR PERMIT
VOLUME (CUBIGSDUARE FEET) ESTIMATED COST 80. 000 FEE $ 485. 00
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 PARTTHEREOF,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 MAYBE 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 HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR
1.FOUNDATIONS OR FOOTINGS. CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL ELECTRICAL,PLUMBING AND
2.PRIOR TO COVERING STRUCTURAL 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 PL BING I P CTIO P OVALS ELECTRICAL INSPECTION APPROVALS
gf
BOAR O LG INSPECTIO VAL FF�EgqD��EPT.INSPE NG APPROVALS
-41
61
/r1i319ur
z
OTHER CITY ENGINEER 2 2
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME 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.
2--$iTtLDING INSPE=R/SUPERIIMMENT OF PUBLIC PROPEKPY
i
Lill rc 5'holding the position of Supt. of Public Property
in the City of Salem hereby certify that the subject
probe-ty at = 7T
rk / Presently xm_eci
by the City of Salem is not needed not is it reasonably anticipated that it will
ever be needed for public use.
COMENTS
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COMM
BOARD OF ASSESSORS
s 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970-3595
(508) 745.9595 Ext. 261
(508)744-2069 Fax
July 13, 1995
Deborah E. Burkinshaw
City Clerk
City Hall
Salem MA 01970
Dear Miss Burkinshaw:
Please be advised that the four new single family houses to be constructed on Pope Street
on Assessors Parcel #15-316 have been assigned the legal street addresses of`7, 9, 11 and
13 'Pop_e Street, running from right to left.
y you
Peter . Caron
Chairman
cc: Postmaster Joseph L. Leccese
Chief Robert Turner, Fire Department
Helen Jiadosz, Water Dept.
Leo Tremblay, Inspector of Buildings
Capt Paul Murphy, Police Dept.
Ken Steadman, 67 Village Street, Marblehead MA 01945
L
BOARD OF ASSESSORS
r 93 WASHINGTON STREET,CITY HALL, SALEM, MASSACHUSETTS 01970-3595
� a (508)745-9595 Ext. 261
(508) 744.2069 Fax
July 13, 1995 _
Deborah E. Burkinshaw
City Clerk
City Hall
Salem MA 01970
Dear Miss Burkinshaw:
Please be advised that the four new single family houses to be constructed on Pope Street
on Assessors Parcel #15-316 have been assigned the legal street addresses of 7N, 11 and
13 `Pope_.Street'Icunning from right to left.
y you
Peter . Caron
Chairman
cc: Postmaster Joseph L: Leccese
Chief Robert Turner, Fire Department
Helen Jiadosz, Water Dept.
Leo Tremblay, Inspector of Buildings
Capt- Paul Murphy, Police Dept.
Ken Steadman, 67 Village Street, Marblehead MA 01945
BOARD OF ASSESSORS
n 93 WASHINGTON STREET,CITY HALL, SALEM, MASSACHUSETTS 01970-3595
(508)745-9595 Ext.261
(508)744-2069 Fax
July 13, 1995 -
Deborah E. Burkinshaw
City Clerk
City Hall
Salem MA 01970
Dear Miss Burkinshaw:
Please be advised that the four new single family houses to be constructed on Pope Street
on Assessors Parcel #15-316 have been assigned the legal street addresses of 7, 9, 1 and
13 ;Pope Street, running from right to left.
y /n �—
Peter . C
Chairman
cc: Postmaster Joseph L. Leccese
Chief Robert Turner, Fire Department
Helen Jiadosz, Water Dept.
Leo Tremblay, Inspector of Buildings
Capt. Paul Murphy, Police Dept.
Ken Steadman, 67 Village Street, Marblehead MA 01945
.�ONDlT
BOARD OF ASSESSORS
< 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970-3595
9 (508)745.9595 Ext.261
(508) 744-2069 Fax
July 13, 1995
Deborah E. Burkinshaw
City Clerk
City Hall
Salem MA 01970
Dear Miss Burkinshaw:
Please be advised that the four new single family houses to be constructed on Pope Street
on Assessors Parcel #15-316 have been assigned the legal street addresses of 7, 9, 11 and
113"Poipe Svee running from right to left.
y you
Peter . Caron
Chairman
cc: Postmaster Joseph L. Leccese
Chief Robert Turner, Fire Department
Helen Jiadosz, Water Dept.
Leo Tremblay, Inspector of Buildings
Capt. Paul Murphy, Police Dept.
Ken Steadman, 67 Village Street, Marblehead MA 01945
1
' YLl NJ � J
M" Ctu of ttlem, assarilla etts ,
a �DttLD of �A' Pea!
DEL-I-S-I-ON-ON THE�PETITION OF CHARLES BRETT FOR VARIANCES
A7� 13 POPE ST. (;R-2)
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti . Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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, is requesting Variances from density, rear lot
line, distance between buildings and for more than one building per lot to allow
construction of two duplex form structures on this site which is located in
an R-2 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exisht which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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 or 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 . The purchased the property from the City of Salem by tax title with
conditions.
2. The petitioner appeared before this Board in 1984 but has not been able to
move forward with his plan because of a drainage problem on the site.
3. The drainage problem has been corrected and all work will be done in
compliance with an Order of Conditions issued by the City of Salem Conservation
Commission.
4. Several neighbors and abutters spoke in favor of this petition.
5. The proposed structures will be two story wood frame duplexes.
6. The property in question will be enhanced by the development as will the
neighborhood.
I DECISION ON THE PETITION OF CHARLES BRETT FOR VARIANCES AT
13 POPE STREET, SALEM
page two
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the 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 financial or otherwise, 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 unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . All construction is to be done in compliance with existing City and
State Building Codes.
2. All construction is to be done according to the plans and dimensions
submitted and as amended.
3. The petitioner shall obtain a legal building permit.
4. The petitioner shall obtain a Certificate of Occupancy for the new dwellings.
5. The petitioner shall obtain proper lot and street numbers from the
City of Salem Assessors Office.
6. All requirements of the Salem Fire Department relative to smoke and fire
safety must be strictly adhered to.
VARIANCES GRANTED
October 17, 1990
Mary J tirgwolt, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
f•,-^nl from this decision, if any, shall be made pursuant to Section 17 di
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
ter the Bete of filing of this decision in the office of tha city Clerk.
n: :o Nlacs. General Laws, Ctnu!ar ;iDa, `.�::",;c.• 11, the v,wonce
❑a:I Per ma ,,^,ranted herein shae not tale ori:c; h! a cony of the
.soon, f:c.-.nnq the certification of the City Clerk th:.t 2D days have
e:acse,i and no cp,^.eal has been fired, or that, if such .i:)Peal has been
Ned, tl::d i' s b,:•en dismissed or denied is recorded in the South EsseX
Registry of cmd indexed under the neme or the owner of record o6
is recorded and noted on the owner's Certificate of Title.
BOARD OF MPPEAU