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24-28 SOUTH STREET - BUILDING INSPECTION 24-28 SOUTH STREET I � �f�l (t 11 'A-mikIL II SSE / I OA ( JAc 1 f.c-A TAS s B(Ag Cat) eqx¢ \ °►°1 a � u�kw WIN�r 3 �� m J o _ 0 IS kL it BBJcA /�kW�= 114.41 � �(ct) S s O SOUTH S.Ma STREET44� y p �.IM• �'��• lot-"13 e SjtJ- (or,_°�3 L ��•`7.23 HANSON NICHOLS STREET STREET f PROPOSED SITE PLAN 24 SOUTH STREET LEGEND SALEM , MASSACHUSETTS {�R`�°` �' TJ� 9 o jjo"o� 1l3 . b EXISTING CONTOUR SCALE ' I " = 20 ` MARCH 15 , 2001 PROPOSED CONTOUR CLn��t£� L �I( �rCeoic 1°�' '�� PARSONS AND FAIA INC. i EXISTING SPOT ELEVATION 60 LEWIS STREET Imo. PROPOSED SPOT ELEVATION UTILITY POLE 1'�sr�: f. Ca,J�aeTF we4�� rto Be 'C�ESIerJE,o By LYNN , MASS. AA � �t GUARD RAIL Y .NR•ft �iv,5na�'ErL . 0 2O 40 60 80 100 2 � c'l�lc hNs ARS �a 8� Cogsrwor� s- CATCH BASIN nforr 't wIL.L 19l5'cr4--P4� A-r -T+IE Cr-.-rr O oMA DRAIN MANHOLE Usm� SEWER MANHOLE or 'I� t�-�fArc� IowR.c.i�� —t.� F�.,.� �3.,�M�r tt+orMgss9 SOksT,a �� . exnxLee cy oAxleAde fL� Z oaw ky/ Zyo� - - — EXISTING BITUMINOUS L o "fill sau �F3/elea�O auRlf'yO ,. X OP-2002-0021 Building Permit No.: 756-2001 Commonwealth of Massachusetts City of Salem BUILDING,ELECTRICAL&MECHANICAL PERMITS DEPARTMENT This is to Certify that the RESIDENCE located at Dwelling Type 0024 SOUTH STREET in the CITY OF SALEM - - ---- - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY New single family dwelling This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires ..........__ - unless sooner suspended or revoked. --------------- Expiration Date Issued On:Mon Sep 24,2001 -------------- - GeoTMS®2001 Des Lauriers Municipal Solutions,Inc. ----------------- ----------------- 0024,SO'1TH STREET 756-2001 Cis#: 2571 COMMONWEALTH OF MASSACHUSETTS Map: 15 Block: CITY OF SALEM Lot- 0524 Permit: Building Category. 101 New Single famil BUILDING PERMIT Permit# 756-2001 Project# JS-2001-1506 Est. Cost: $87,000.00 Fee: $527.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: Paul Dibiase Lot Size(sq. ft.): 23400 Owner: DIBIASE SALEM REALTY TRUST Zoning. RI ',r Applicant: Paul Dibiase Units Gained: Units Lost: AT. 0024 SOUTH STREET ISSUED ON. 19-Apr-2001 EXPIRES ON: 10-May-2001 TO PERFORM THE FOLLOWING WORK: Call for Permit to Occupy Construct new single family home per drawings submitted. T.J.S. POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Inspector of Buildings Underground: Service: W rIlr1B Meter: Footings: Foundation: Rough: /o/ /IC House# Rough Frame: Final: �]r/4/Q/ Q Fireplace/ChimSM0 Insulation: so,/l- Fire Department Board of Health Final: Oil: Treasury: Smoke: 1t/1 t 0, Excavation: T IS PERMIT MAY BE REVOKED BY THE CITY OF SALEM LCN VIOLATIONN OF`� ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2001-001648 10-Apr-01 4160 $527.00 GeoTMS®2001 Des Lauriers Municipal Solutions,Inc. 7 YS�OVE(�A10- �• Ali�lY CITY OF SALEM a 4) �1 BUILDING PERMIT VINCENT DIBIASE, INC. RESIDENTIAL DEVELOPMENT June 4, 2001 'J� a Mr. Peter Strout P Building Commissioner City of Salem 120 Washington Street Salem, MA 01970 Dear Mr. Strout: Please be advised that Vincent DiBiase,Inc., is requesting a change in design for building permit#756-2001 for 24 South Street. We would like to amend the application by adding a 14' x 22' single car garage attached to the right side elevation. Our cost estimate for the addition is $10,000. I have enclosed a check in the amount of$60 for the building permit fee for the cost increase to this proposed dwelling. Thank-you for yourtime and consideration. I will contact you by phone for verbal clearance on this matter. Sincerely, VIN/ T DIBIASP-, INC. Paul DiBiase P.O. Box 780, Lynnfield, MA 01940 (781) 334-9899 of ialem, 'Massadlusetts 3 V % .,Q s �Rottra of �FFVal DECISION ON THE PETITION QF_PH-ILZP-S-INGLETON REQUESTING .A,VARIANCE FOR THE PROPERTY LOCATED A1,24-28 SOUTH STREET4�(R-1) � ---� A hearing on this petition was held November 13, 1996 with the following Board Members present: Gary Barrett, Chairman, Nina-Cohen, Albert Hill, Richard Dionne and Paul Valaskatgis. 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 requests a Variance to divide 23,400 sq. ft. lot #524, to allow three (3) buildable house lots, which require Variance on lot size and frontage for the property located t 24-28 South Street. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or 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. 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, makes the following findings of facts: 1. Petitioner executed a purchase and sale agreement with the realty trust that owns the property located at 24-28 South St. Petitioner seeks a variance from lot size and frontage requirements to allow construction of 3 single family houses on the property. 2. The property at 24-28 South St. consists of 23, 400 sq. ft. of land on steep slope, with utility easement running parallel to the rear property line. The property has hitherto been deemed an "unbuildable lot",and that status is indicated in the City tax assessor's records. 3. Eight neighbors appeared in opposition to the petition, on the grounds that drainage problems would result from any construction on the property. The neighbors further argued that a substantial concrete wall would have to be built to create enough level area on the slope to support the proposed homes, and such a wall would substantially derogate from the value of their homes. 4. City Councillor Leonard O'Leary opposed the petition on the grounds that the proposed construction would be detrimental the neighboring homes. DECISION OF THE PETITION OF PHILIP SINGLETON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 24-28 SOUTH STREET (R-1) page two 5. Paul Butler, one of the neighbors appearing in opposition submitted at a petition with 14 signatures of neighbors and abutters who also opposed the proposed variance. On the basic of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. No special conditions exist which especially affect the subject property as opposed to the district in general . 2. Literal enforcement of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. Desirable relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Board of Appeal voted 0 in favor and 5 in opposition to the motion to grant the Variance, having failed to garner the required votes to pass, the motion is defeated and the petition is denied. Variance Denied November 13, 1996 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 of Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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 Cttp of *alem, fda9;!6atbu!9ett CITY OF SALEM. MA �3oarb of 2ppeaC CLERK'S OFFICE 2001 MAR 21 P 2: 52 DECISION ON THE PETITION OF PAUL DIBIASE, TRUSTEE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT�24-28 SOUTH-STREET R=1 A hearing on this petition was held on March 21, 2001, with the following Board Members present: Nina Cohen, Chairman, Stephen Buczko, Stephen Harris, James Hacker and Richard Dionne. Notice of the hearing was sent to abutters and other and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting dimensional Variances for lot area and front yard setbacks to create 2 lot for the property located at 24-28 South Street located in an R-1 zone. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or 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 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. Ledgewood Hill Realty Trust, Paul DiBiase, Trustee is the owner of a lot on South Street of approximately 23, 400 s.f. Thomas Beatrice, Esq. of 286 Humphrey Street, Swampscott, represented Mr. DiBiase at the hearing. 2. In 1996, a previous owner of this lot applies for variances in lot size and frontage to build three single-family homes. This Board denied the earlier petition on November 13, 1996. 3. In his petition, Mr. DiBiase requested variances in lot size and front setback requirements to build two single-family homes. He resented the Board a "Drainage Report' prepared by Parsons and FAIA, Inc. of Lynn, Ma. In support of the petition, purporting to show that the construction of two homes could be done in a manner that would decrease rainwater runoff to the rear of the property by increasing flow to a South Street storm drain. DECISION OF THE PETITION OF PAUL DIBIASE, TRUSTEE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 24-28 SOUTH STREET R-1 pagetwo 4. Five neighbors opposed the petition. These were: Mr. Rob Dennehy of 29 Crescent Dr., Mr. Robert Vacirca of 27 Crescent Dr., Mr. John Connors of 40 Nichols St, Mr. Paul Butler Jr., of 32 Albion St and Mr. Bill Muse of 31 Crescent Dr. The neighbors argued that the development would necessitate building an unsightly retaining wall at the foot of the slope, that the drainage could create water runoff issues for those down hill of the development, and that the petitioner had failed to show the elements of hardship related to the land that are needed to grant a variance from the ordinance's requirements. 5. Mr. Beatrice argued that the proposed development was consistent with the surrounding lots in size and setback configuration, and that the new homes would be an asset to the neighborhood. 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 do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the requested variances. Having failed to garner the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED March 21, 2001 /� n �SC Nina Cohen, Chairman /( Board of Appeal DECISION OF THE PETITION OF PAUL DIBIASE, TRUSTEE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 24-28 SOUTH STREET R-1 page three 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 MGL 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 MGL 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 passed 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 owners Certificate of Title. Board of Appeal City of �ba(em, 41ag5arbu5ett!6 Mepartment of Public *erbiceb ,y One 6alem green (97S) 745-9595 ((Ext. 321 STANLEY I.BORNSTEIN,P.E. City Engineer _lax: (97S) 745-5577 Director of Public Services Memorandum To: Peter Strout From: Joe Nerde CC: Stanley Bost in Date: 4/23/01 Re: 24 South Street Proposed Single Family Residence Paul DiBiase met with me to discuss drainage plans for the above referenced site. As a result Paul agreed to pipe all roof stormwater runoff to the front of the house, discharging to City drains on South Street. I also recommended that the proposed retaining walls be structurally tied into the existing subsurface to prevent overturning or other related movement. Paul also indicated that he will work the site in such a manner to prevent any disturbance to the adjacent properties below during construction. Please attach this memo when issuing a building permit for Paul's reference. 1 4-D III 'LJ( u_�m•' � 1 ,11 L 1 '-°BERT OCH 81 Q / JA Ties I�•.Isb,.t _ 231.88 �1 in \ Colt) 111 _ I Go.*"L�l� ,y n"1(. X. k 1.4 • �.((` ,n �. y 6 InY1 III i)• tY 14 'k6 S z on y SOUTH s.n,(a STREET I III HANSON NICHOLS STREET STREET PROPOSED SITE PLAN 24 SOUTH STREET LEGEND SALEM , MASSACHUSETTS EXISTING CONTOURnRcQoje, Tt�Q o � ��o�oN = ( 13 , b SCALE : Iit = 20 MARCH 15 , 2001 --�iz�— PROPOSED CONTOUR3� PARSONS AND FAIR INC. EXISTING SPOT ELEVATION 60 LEWIS STREET ILriC PROPOSED SPOT ELEVATION 111Yt Be LYNN MASS. UTILITY POLE - -y-� GUARD RAIL Z . �o° ,s f}iLE rja b� Co+sf>wcfF� s� CATCH BAST N '" ��"` 0 20 , 40 60 80 100 �f) W tLt t7tSeNh1'6}E t1 r 7�{E F>t�aT �LSHOF O OMgs rta DRAIN MANHOLE or �. �o grEb tOW R.�1N� —ts1�u �(.e•• 'T3..1A>I�r 24' cxAaLce `�y �w r /,. c I DANIEL U sm�l SEWER MANHOLE So nam o e `"'" AJb- 2 A)oo� - - - - EXISTING BITUMINOUS "smelt. ti r ctarEa� o� �� A� sUR`tF'y l