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24 SAUNDERS STREET - BUILDING INSPECTION 24 Saunders Street UPC No.153L 3 Oil. HASTINGS, UN CITY OF SALEM9 MASSACHUSETTS yew PUBLIC PROPERTY DEPARTMENT `—' 120 WASHINGTON STREET, 3RD FLOOR 9 `sl '�a� SALEM, MAO 1970 TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR July 3, 2003 ^® y Attorney John Keilty 40 Lowell Street Peabody, Ma. 01960 RE: 24 Saunders Street Dear Owners: Thursday morning, July 3, 2003, I was notified by the neighbors of the above mentioned property of excavating activities taking place. This property has recently undergone a subdivision. However, no other permits have been issued for this site. The excavation has altered the terrain by more than 2 feet. This requires a "drainage alteration plan' to be filed with the Engineering Department. Furthermore, the excavation has underminded a row of trees and potentially has underminded Pearl Street. You are directed to stop work immediately and to contact the City of Salem Engineering Department to address the immediate concerns about Pearl Street and the abutters property. If further information is needed you can contact this office at 978-745-9595 x 380. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Joe Walsh, City Planner Bruce Thibodeau, City Engineer John Keenan, City Solicitor Councillor Flynn Citp of 6alem, Ifflaggarbuoug; ` Public Propertp Mepartment jguilbing Bepartment One*alrm green (978)745-9595(ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 14,2000 W& G Realty Trust Gordan W. Werbm' 248 Atlantic Avenue Swampscott,Ma. 01907 RE: 24 Saunders Street Dear Mr. Werbin: I sent you a letter back in October of 1999, due to complaints pertaining to your property located at 24-Saunders Street. After further complaints regarding your wall and condition of your land, I am seeking a response from you so we can rectify the problems that exist at 24 Saunders Street. Failure to respond to this letter within fifteen(15)days, I shall take legal action against you in Salem District Court or municipal fines or both. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Frank DiPaolo Local Building Inspector cc: Councillor Flynn onwr ,� CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01970 TELEPHONE- 978-745-9595 ooN FAX, 978-740-9846 KIMBERLEY DRISCOLL 1009 JUN _8 P 1: 38 MAYOR June 8, 2009 Decision City of Salem Zoning Board of Appeals Petition of RIVERSIDE REALTY TRUST, seeking Variances from minimum lot width, minimum lot area, rear yard setback and lot area per dwelling unit to accommodate two duplex (two-family) homes at 24 SAUNDERS STREET, Salem, MA (R2 zoning district). A public hearing on the above Petition was opened on April 15, 2009 pursuant to Mass General Law Ch. 40A, §§ 11. The meeting was closed on May 20, 2009 with the following Zoning Board of Appeals members present: Robin Stein (Chair), Rebecca Curran, Beth Debski, Richard Dionne, and Jimmy Tsitsinos (alternate). Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, Article VI, §6-4, Table 1: Residential Density Regulations. Statements of fact: I. In an application dated March 25, 2009, petitioner requested relief from dimensional requirements of the R-2 zone in order to construct two duplex homes on the property at 24 Saunders Street. 2. The petitioner submitted a statement with the application explaining the hardship associated with development of the property. According to the petitioner's statement, the property is the remainder of a larger parcel subject to a taking by the Commonwealth of Massachusetts to accommodate construction of the bypass road. The remaining parcel, which is owned by the petitioner, does not meet dimensional requirements of a building lot under the Salem Zoning Ordinance. The petitioner's statement also describes the lead contamination found on the property and the expense associated with the necessary cleanup. 3. Attorney Scott Grover represented the petitioner and owner of the property, Riverside Realty Trust. A public hearing on the Petition was opened on April 15, 2009, pursuant to Mass General Law Ch. 40A, §§ 11. The hearing was continued to May 20, 2009, when it was closed, with the following Zoning Board of Appeals members present: Robin Stein (Chair), Rebecca Curran, Beth Debski, Richard Dionne, and Jimmy Tsitsinos (alternate). 2 4. On April 15, 2009, numerous members of the public expressed opposition to the petition, citing parking problems in the neighborhood, concerns about the new structures blocking other residents' views of the water, insufficient space for snow removal, an already-saturated housing market in the area, and a preference for the property to be converted to green space. The Board of Appeals also received letters from resident Debra Kirchheimer of 14 Lemon Street and Ward 2 Councillor Michael Sosnowski, 17 Collins Street, opposing the project. 5. Also at the April 15, 2009 meeting, two abutters spoke in support of the project. 6. The petitioner submitted revised plans following the hearing on April 15, 2009, and after meeting with abutters. The new plans showed one single-family home on each proposed lot instead of the originally proposed two duplex homes. Additionally, the house sizes and styles were altered. The new plan would require less relief: the project now only requires relief from lot width on one lot, and lot area and rear yard setback on the other. The applicant stated that these changes were made in order to address neighborhood concerns about density and water views. 7. At the May 20, 2009 meeting, several residents continued to voice concerns about the project; others expressed that while their preference would be for nothing to be built or for a park to be installed, that this proposal was an improvement over the original. Correspondence and documents submitted to the Board by Councillor Sosnowski indicated that a neighborhood planning study conducted in 1996 had recommended that the property be converted to a park. 8. At its meeting on May 20, 2009, the Board of Appeals voted five (5) in favor and none (0) opposed to grant the Variances required to allow for the construction of one single-family home on each proposed lot, as shown on the revised plans submitted on May 14, 2009. 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: 1. Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other land or buildings in the same district; 2. Literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant, considering the contamination present; 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, and after the petitioner responded to neighbors' concerns, the Board found that the project would be "minimally invasive'; 3 4. The applicant may vary the terms of the Residential Two-Family District to construct the proposed development, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance; 5. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. 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: 1. To allow for the construction of two single-family homes as proposed, the requested Variances from dimensional requirements are granted. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Curran, Stein, Tsitsinos, Debski and Dionne) and 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 numbers 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. 8. The houses are to be constructed consistent with the drawings and plans submitted to the Board, with the house on lot C 1 consistent with the bungalow style and the house on Lot C2 consistent with the cottage style. Robin Stein, Chair Salem Zoning Board of Appeals / 4 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.