90 Mason Street Applic Stamped by City Clerk coniprrR� CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET,2ND FLOOR
SALEM,MASSACHUSETTS 01970
9� s
Thomas St.Pierre, Director of Inspectional Services
Phone:978-619-5641
Daniel Laroe,Staff Planner
City of Salem Phone:978-619-5685
Zoning Board of Appeals Application
Application ID: ZBA-24-48 Date submitted: December 12, 2024
TO THE BOARD OF APPEALS:
The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at:
Address:90 MASON STREET Zoning District: R1
An application is being submitted to the Board of Appeals for the following reason(s):
Petitioner needs zoning relief to construct an unattached 2 1/2-story garage with living and storage space above to serve this very small
single family home. This is the only portion of this large but steeply sloped and ledge-filled lot where parking for this dwelling has
historically been located.
For this reason,1 am requesting:
tr Variance(s)from provisions of Section Sections.4.1 (Table of Dimensions)and 9.3.2(Grounds for Variances)and 3.2.4
(Accessory Structures)of the Zoning Ordinance,specifically from The proposed accessory garage building height is about 24 feet,where
the Ordinance allows only up to18 feet;the proposed front yard width(i.e.the front set-back)for the garage is.08 feet, where Ordinance
requires 15 feet; the proposed location of garage is in the front yard,where the Ordinance prohibits any accessory structure from being
located in the front yard,and the proposed distance between the dwelling and the garage is 21 feet where the Ordinance requires 40
feet. The use of the parcel wll remain 1-family because no additional dwelling units are being proposed.
L)A Special Permit under Section of the Zoning Ordinance in order to
L)Appealing a Decision of the Building Inspector:
L]Comprehensive Permit:
Current Property Use: Existing 1-family dwelling and yard. Are Lot Dimensions Included:Yes
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be
constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning
Ordinance.
Statement of Hardship(for Variances):
See Attached Statement of Grounds for Variances
Statement of Grounds(for Special Permits):
Petitioner:Gerald Blumenstock ff different from petitioner
Address:90 Mason Street,Salem, MA 01970 Property Owner:
Telephone:c/o William F.Quinn 978-745-8065 Address: ,
Email:gerryblumenstock@gmail.com Telephone:
Email:
Signature: �
Signature:
Date: L�'!G /Z
Date:
If different from petitioner
Representative:William F.Quinn,Esq.
Address:27 Congress Street,Salem,MA 01970
Telephone:978-745-8065 ext 110
Email:billquinnlaw@gmaii.com r
Signature:
Date:
°
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STATEMENT [lFAROUNDS FOR VARIANCES
FOR 90 MASON STREET
This is a very snn8U existing 1-farni|y dwelling with 2-b8drQonn6, built in about 1850.
which is crowded into the southeast corner and lowest portion of this property. The parcel is in
the Fl-1 Zoning District. The premises do not currently have ag8r8ge. There i8g small flat area
of the premises along Mason Street that once contained a garage that no longer exists. This is
where the owner proposes to build a new garage. To place a new garage in any other location
would require a massive amount of excavation and probably removal of the underlying ledge at
great and unreasonable expense,
The topography of the property is steeply sloped back from Mason Street and rises irregularly
uphill to the rear of the |O1' rising from elevation 38 feet along Mason Street to elevation 70 feet
at the rear boundary, for a total rise Df about 32 feet from front toback. Significant areas ofthe
parcel show substantial ledge outcroppings that would be highly expensive and impractical
areas for a garage. These are unique topographical and soils conditions which create a
substantial practical hardship for the applicant, financial and otherwise, if the ordinance was
enforced against him. These are unique and special circumstances which dO not apply
generally to the other residential lots iD the neighborhood. Because ofthese soils and
topographical conditions, the literal enforcement of the Ordinance will involve substantial
hardship, financial and otherwise, to the applicant and his ability to make normal accessory
uses to his property.
Because the 1-family use will be maintained with more than adequate on-site parking,
and nO expansion Of the footprint ofthe existing residence, the relief requested may b8granted
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.