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90 Mason Street Stamped ZBA Decision CITY OF SALEM, MASSACHUSETTS ID 4 BOARD OF APPEALS 98 WASHINGTON STREET• SALEM,MASSACHUSETTS 01970 DOMINICK PANGALLO TEL:978-619-5685 MAYOR February 26, 2025 Decision City of Salem Board of Appeals The petition of GERALD BLUMENSTOCK at 90 MASON STREET (Map 16, Lot 0379) (111 Zoning District)fora Variance from Section 4.1.1 Dimensional Requirements and Section 3.2.4 Accessory Buildings and Structures of the Salem Zoning Ordinance to construct an unattached two-and-a- half (2.5) story garage with a living and storage space above. The proposed accessory garage building height is twenty-four(24)feet,where eighteen(18)feet is the maximum allowed height, the proposed front setback is eight hundredths (0.08) of a foot, where fifteen (15) feet is required,and the proposed distance between the existing residential dwelling and the proposed garage is twenty-one (21) feet, where forty (40) feet is required. The proposed location of the garage is in the front yard, where accessory structures are prohibited from being in the front yard. On February 12, 2025,the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Paul Viccica, Stephen Larrick, and Ellen Simpson. Hannah Osthoff was absent. Statements of Fact: The petition is date-stamped December 13,2024. The petitioner seeks Board of Appeals approval to construct an unattached two-and-a-half story garage with a living and storage space above. 1. Gerald Blumenstock owns 90 Mason Street. 2. Gerald Blumenstock was the petitioner. 3. The representative was William F. Quinn. 4. 90 Mason Street is located in the R1 Zoning District(Map 16, Lot 0379). 5. On February 12, 2025,Attorney Bill Quinn described the location of the 90 Mason Street property, which sits on a ledge along Ledge Hill Park. Mr. Quinn stated there are no neighbors abutting the property, and two occupants of the two-bedroom house desire a garage and living space. 6. Architect Walter Jacob presented architectural plans for the property. He requested a variance to create a separated garage to the left of the house,which is the only possible location because the property is otherwise too steep to build on. Walter Jacob described completing 3-D traffic studies to ensure adequate vehicular traffic vision and provide enough space for residents to pull in and out of the proposed garage. City of Salem Board of Appeals February 26, 2025 Page 2 of 3 7. Mr. Jacob stated they separated the house's living space because an addition over the patio would block light and air into the house while being consistent with neighboring architecture.The current amount of living space would be inadequate to the household, who uses a bedroom while working from home. He showed an elevation plan to describe the steepness of the ledge on the property. Mr.Jacob described how the client will extend the sidewalk to the end of the proposed garage to ensure increased pedestrian access. 8. Chair Vyedin asked if there is ledge under the patio. 9. Architect Walter Jacob replied that there is likely ledge under the patio, however that will likely be something uncovered while remodeling the patio. He describes how the separated living space will make the property feel bigger. 10. Chair Vyedin asked if the garage is the same height as the existing building. 11. Mr.Jacob confirmed the new garage is the same height as the existing house. 12. Mr. Blumenstock confirmed having limited evidence of a previously existing garage, because two legs of the garage exist on the property. 13. Mr. Viccica stated there is likely no better circumstance of a special condition, and notes he has no questions. 14. Ms. Simpson inquired how people and cars get in and out of the property. 15. Architect Walter Jacob explained, using the proposed site plan, that stairs coming down from the patio exit sideways in the direction of the garage. Additionally, they would be creating site stairs so individuals can enter the house through the backside of the lot. 16. Chair Vyedin opened up for public comment. 17. Linda Ferraresso, 67 Aurora Lane, submitted a written comment, arguing the variances on this petition are too extreme compared to what the zoning ordinance allows. 18. Ms. Simpson made a motion to approve the petition. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted four (4) in favor, (Nina Vyedin (Chair), Paul Viccica, Stephen Larrick, and Ellen Simpson) and zero(0)opposed,to grant Gerald Blumenstock at 90 Mason Street a Variance from Section 4.1.1 Dimensional Requirements and Section 3.2.4 Accessory Buildings and Structures of the Salem Zoning Ordinance to construct an unattached two-and-a-half(2.5)story garage with a living and storage space above. The proposed accessory garage building height is twenty-four (24) feet, where eighteen (18) feet is the maximum allowed height, the proposed front setback is eight hundredths (0.08) of a foot, where fifteen (15) feet is allowed, and the proposed distance between the existing residential dwelling and the proposed garage is twenty-one(21)feet,where forty (40) feet is allowed. The proposed location of the garage is in the front yard, where accessory structures are prohibited from being in the front yard. Standard 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 to and approved by the Building Commissioner. City of Salem Board of Appeals February 26, 2025 Page 3 of 3 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. Exterior finishes of the new construction shall be in harmony with the existing structure. 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 not limited to,the Planning Board. 8. All construction shall be done per the plans and dimensions submitted to and approved by this Board. Any modification to the plans and dimensions must be approved by the Board of Appeals unless such changes are deemed a minor field change by the Building Commissioner in consultation with the Chair of the Board of Appeals. 9. Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. Standard Conditions: 1. A construction logistics plan shall be developed by the contractor, presented to and approved by the Building Department. Nina Vyedi , Chair Board of Appeals 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.