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7 Cloutman Street SKM_C360i241126130400 (1) Asa! b"5 _ Have a project#? Step 1 of 9 • Save Draft and Exit Confirm your contact information Ensure your contact information is up-to-date so that we can get in touch with you if needed. First Name JOHN Last Name BAVUSO Email address jbavusol@gmail.com Phone Number 7812815466 Address 1 5 HIAWATHA RD Address 2 (Optional) City WOBURN State MA ZIP/Postal Code 01801 Next City of Salem, MA Your Profile Your Records (/dashboard/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://salemma.workflow.opengov.com) Portal powered by OpenGov Have a project#? Step 2 of 9 Save Draft and Exit Location for Zoning Board of Appeals Application PRIMARY LOCATION The main location associated with the record. 7 CLOUTMAN STREET SALEM, MA 01970 Change Location A Unit No Unit Property Owner Information Name PUERTA EDER JUNIOR BOMBC Phone Number 781888 3533 Email ederpuertal@gmail.com Street# 14 Street Name EARLES ROW Unit City WILMINGTON State MA Zip Code 01887 Property Data Year built 1915 Lot Area 2108 Occupancy Water MBL 24-0213-0 Zoning 131 Book Page 40302/498 Building Type Muiti-Gard2F Sewage Next Back City of Salem, MA Your Profile Your Records (/dashboard/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://salemma.workflow.opengov.com) Portal powered by OpenGov Have a project#? Step 3 of 9 - Save Draft and Exit Applicant Information Who is completing this online application? Applicant Type* A Representative Next Back — — - -- City of Salem, MA Your Profile Your Records (/dash boa rd/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://salemma.workflow.opengov.com) Portal powered by OpenGov Have a project#? Step 4 of 9 Save Draft and Exit Applicant Information Petitioner Name * Puerta Eder Junior Bombonato Petitioner Street Address 14 Earles Row Petitioner City, State,Zip Wilmington Petitioner Telephone 781888 3533 Petitioner Email * ederpuertal@gmail.com Is the Property Owner the same as the Petitioner? Yes Is the Petitioner being represented by another party(like an attorney, architect,or contractor)? Yes Representative Name john bavuso Representative Street Address 5 Hiawatha Rd Representative City, State,Zip woburn ma 01801 Representative Telephone 7812815466 Representative Email jbavusol@gmail.com Next Back City of Salem, MA Your Profile Your Records (/dashboard/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://salemma.workflow.opengov.com) Portal powered by OpenGov Have a project#? Step 5 of 9 - Save Draft and Exit Project Address and Application Information 4 Search... Use the above search bar to find the subject property by Address or by Parcel ID. With the exception of Year Built, the property information should automatically populate below. The Undersigned represent(s) that they are the owner(s) of a certain parcel of land at the below location. Street Number 7 Street Name CLOUTMAN STREET Zoning District(s) A B1 Parcel ID 24-0213-0 Year Built* A 1915 ® Age of Building 109 Does this project include multiple addresses? No Why is this application being submitted to the Board of Appeals?The below statement must describe what you propose to build, the dimensions, the zone property is in, and the zoning requirements. (Example: I am proposing to construct a 10' x 10' one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) An application is being submitted to the Board of Appeals for the following reason(s): A 1 am requesting a variance from Section 4.0 of the City of Salem dimensional rear setback regulations due to the shape of the lot and the placement of the existing structure. The existing two family home is in a B-1 zone and is an allowed use, however the second floor unit of the existing non conforming two family dwelling, does not have a second means of egress. Mr. Bombonato bought the house 4 years ago in this condition. The lack of the second egress is a major safety concern, a Building Code mandated regulation and a requirement to allow the house to be safely re-occupied. This second means of egress deficiency was discovered when there was a water line break at the property and the basement was flooded. A certified plot plan has been attached to show the existing setback lines to the house and the proposed setback lines to the second egress stairs. The minimum required rear setback is 30', the minimum required side yard setback is 10'.The existing house does not meet either of these setbacks. The current rear setback to the house is 20', and the current side setback is 4'. The proposed rear setback to the 5' diameter spiral stair will be 15', the proposed side setback will be between 5' to 8' depending on the subsurface soil conditions. Notes to the City of Salem zoning code, section 4.1.2 defines the Setback Line as being measured from the property line to the building line. Section 10 defines Building Line as the face of the building and excludes the measurement to a set of stairs. The landing of the required second egress spiral stairs will only project from the building 3'. The proposed location of the egress spiral stair is at the rear left corner of the house. It will not be visible from the street or the side yards and does not affect the neighborhood or the dwelling, except to make it a safer place for the occupants. For the above reason(s), I am requesting: Variance(s) J Special permit(s) Comprehensive Permit for construction of low or moderate income housing Appeal of a Decision of the Building Inspector U Variance(s). Variance(s)from provisions of which section of the Zoning Ordinance? Section 4,Table of Dimensional Regulations Which dimensional requirement(s)will not be met? Describe what is allowed and what you are proposing (sq.ft.,stories, etc.).* Rear setback requirement of 30', current setback is only 20'. Side setback requirement is 10', current setback is only 4'. The addition of a second egress stairway from the second floor unit will be 15' from the rear setback and 8.9' from the side setback. The proposed spiral stairs are a pre-fabricated metal assembly, 5' in diameter with a 3'X5' landing. The stairs will not increase the floor area of the dwelling and will offer a safe second egress from the unit, as remote as possible from the main front stairs. Appeal of a Decision of the Building Inspector- Describe: Building Department has refused to grant a permit to install the second egress spiral stairs since we cannot meet the setback requirements. Current Property Use:* A Residential two family Proposed Use: * A Residential One- or Two-Family 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. Next Back - City of Salem, MA Your Profile Your Records (/dashboard/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://salemma.workflow.opengov.com) Portal powered by OpenGov Have a project#? Step 6 of 9 Save Draft and Exit Plans and Elevations Is construction or exterior alteration planned? Yes Is this new construction?* A Yes Is there any construction to an existing structure where the proposed work would affect the structure's footprint? No Are you seeking relief for building height(in feet and/or stories)? No Next Back -- - - - - -- - - - - ---- City of Salem, MA Your Profile Your Records (/dashboard/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://salemma.workflow.opengov.com) Portal powered by OpenGov Have a project#? Step 7 of 9 Save Draft and Exit Written Statement (Variance) For all Variance requests a written Statement of Hardship demonstrating the following must be included: a) Special conditions and circumstances that especially affect the land, building, or structure involved,generally not affecting other lands, buildings, and structures in the same district; b) Literal enforcement of the Ordinance would involve substantial hardship to the applicant; 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. You may type the Statement of Hardship in the below text box and/or attach it as a separate document in the Attachments section. If you will only attach the Statement separately, please note "Attached separately" in the text box below. Statement of Hardship* We respectfully request a Variance from the City of Salem Dimensional Regulations, Section 4, as the irregular shape of the lot and the placement of the existing structure on this lot, as well as the lot width and frontage deficiencies make this dwelling a pre-existing nonconforming structure. Literal enforcement of the setback regulations would cause the owner considerable hardship and cost as the only other options to make this dwelling safe are to completely change the layout of the floor plan by moving this second egress to the front right corner of the dwelling which is the location of the kitchen,and immedialtely adjacent to the front main entry and driveway or add a sprinkler system to the building. The Massachusetts State Building Code, Amendments, Section R311.2 requires egress doors to be as remote from each other as possible. If approved, this variance request would create a safer structure without any effect to the neighborhood or any adverse inference to the City of Salem Zoning Code. L Next Back - ----- City of Salem, MA Your Profile Your Records (/dashboard/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://salemma.workflow.opengov.com) Portal powered by OpenGov Salem News Fee* Puerta Eder Junior Bombonato Clear Nov 20, 2024 Salem News Payment Method A Check (sent to Salem Planning Dept) Next Back City of Salem, MA Your Profile Your Records (/dashboard/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://salemma.workflow.opengov.com) Portal powered by OpenGov 11125/24, 1:01 PM Submit Zoning Board of Appeals Application-VewPoint Cloud We respectfully request a Variance from the City of Salem Dimensional Regulations, Section 4, as the irregular shape of the lot and the placement of the existing structure on this lot, as well as the lot width and frontage deficiencies make this dwelling a pre-existing nonconforming structure. Literal enforcement of the setback regulations would cause the owner considerable hardship and cost as the only other options to make this dwelling safe are to completely change the layout of the floor plan by moving this second egress to the front right corner of the dwelling which is the location of the kitchen,and immedialtely adjacent to the front main entry and driveway or add a sprinkler system to the building. The Massachusetts State Building Code, Amendments, Section R311.2 requires egress doors to be as remote from each other as possible. If approved, this variance request would create a safer structure without any effect to the neighborhood or any adverse inference to the City of Salem Zoning Code. r _f h Al-jEM �i REQUEST FOR LEGAL NOTICE Payment is required at the time of the legal notice being received by the city and before it is published in the newspaper.An email will be sent to you with the cost. Payment by cr edit card is preferred. Prepaid cost required to run the ad:$540. $270 per day x two(2)days=$540 ***Important:Average legal notice costs are estimated;customers paying by check will be refunded if the legal ad is less than the deposit amount. If paying by check, please make checks payable to THE SALEM NEWS and mail to: City of Salem Dept.Of Planning and Community Development Co:ZBA 98 Washington St 2"d Floor Salem, MA 01970 Please choose and check one of the boxes for payment option: QCheck-# _(attach check) El Credit Card-Must call Salem News legal notice clerk at 978-675-2710 If payment is not received,the legal notice may be cancelled. I understand that by signing this form,I am agreeing to the cost of the legal notice to be published in the newspaper. Signed Applicant/Au t orized Agent Print Name: Address: / Ems.y )-,,5 d-u-n 1 Y1 CL 0 i 3!'1 l Email: E'_-c�e.v- C:cv,J,7 Phone: `��'� / " %, _ `. �3 3 Date: 1) C'V 5- J-0-4-`l lax HE ALEM E, WS REQUEST FOR LEGAL NOTICE Payment is required at the time of the legal notice being received by the city and before it is published in the newspaper.An email will be sent to you with the cost. Payment by credit card is preferred. Prepaid cost required to run the ad:$540. $270 per day x two(2)days=$540 ***Important:Average legal notice costs are estimated;customers paying by check will be refunded if the legal ad is less than the deposit amount. If paying by check,please make checks payable to THE SALEM NEWS and mail to: City of Salem Dept.Of Planning and Community Development Co:ZBA 98 Washington St 211 Floor Salem,MA 01970 Please choose and check one of the boxes for payment option: 0Check# � � �..� (attach check) ❑Credit Card—Must call Salem News legal notice clerk at 978-675-2710 If payment is not received,the legal notice may be cancelled. I understand that by signing this form,I am agreeing to the-cost of the legal notice to be published in the newspaper. A Signed Applica`nt/Authonzed Agent Print Name: Address: j Email: 41 i' :f 1•i i fi ti 'l {� ^r _ L.v Phone: - Date: r b V Owner of 7 Cloutman St. Salem MA Puerta Eder Junior Bombonato 14 Earles Row Wilmington MA Contractor —H IC 198080 Ernani Paganini -CS 110551 EMP Construction 21 Thatcher St.'Medford MA Scope of work Install a prefabricated metal spiral staircase to serve as the second means of egress from the second floor unit at 7 Cloutman St. Salem. Total cost of the project is $8,000 Payment schedule is $4000 in advance, the remaining $4000 after the completion of the job. Owner signature date 10/26/2024 Contractor signature LIV- date 10/26/2024 N Map 24 Lot 158 Map 24 Lot 161 4 Wheatland St. 237 Jefferson Ave. Chain Llnkl 15.00' Fence ' N84•1,6'21 ' Map 24 Lot 157 In= 6 Whealand St. a 10.6' Why 15.0' � Fence r, Prol+9 mu. 4RIf 5' Spiral sg3F Egress Stair Bo Y h Map 24 Lot 162 . 000 i 239 Jefferson Ave. /i �eoc Gate: Dwelling Map 24 Lot 213 5,160 sq.ff. 4"1 — � Porch Up ° D'Map 24 Lot 212 Ri 'I' 30.0' 241-243 Jefferson Ave. O 16" v1 0 \Tree ,1 Bit. Conc. fp++y g _i Driveway J/pry m c� A 1 64.8' N 3 ofDi I Map 24 Lot 163 9 Cloutman St. a I �ac0 Map 24 Lot 164 T\\c i 00 247 Jefferson Ave. m C' �� I �J 4 83.5 '30"W 25.50' V_ �sg•\ CLOUTMAN s?p��?' Iron Rod W/Cap (Held) ZONING DISTRICT — B REFERENCES: 1) Deed Book 40302 Page 498 2) Plan in Bk. 1001 Pg. 300 PROPOSED PLOT PLAN 3) Plan #85 of 1980 7 CLOUTMAN STREET 4) Plan Bk. 332 Plan 88 SALEM, MASSACHUSETTS Prepared By LeBlanc Survey Associates, Inc. 161 Holten Street Danvers, MA 01923 OF (978) 774-6012 J..°N��\, October 11, 2024 Scale: 1"--20' LeBL,wc I NO. 33800 Qs HOR. SCALE IN FEET Lo 20 100 11/19/24,5:36 PM SECTION 4.0-DIMENSIONAL REQUIREMENTS I Zoning Ordinance I Salem,MA I Municode Library Zoning Ordinance Nonresidential Nonresidential Residential l Residential Uses—Existing Uses—New Uses or Uses or Building Construction Mixed Use Mixed Use- -Existing New Buildings; Construction; see note 1 see note 1 1. Where residential use compromises twenty-five (25) percent or less of the total building area, the regulations for nonresidential uses shall apply. 2. Distance shall be equal to the height of the taller building.This distance may be reduced to a distance which is sufficient to provide adequate light, air and access, subject to the approval of the planning board.There shall be no requirement for individual row houses sharing a party wall. i3. May be increased up 6 to 1 for the buildings predominantly characterized as fifty(50%) percent open automobile parking structures. 4.1.2 Notes to Table of Dimensional Requirements. In interpreting the Table of Dimensional Requirements, the following provisions shall apply: 1. The minimum front yard depth required shall be measured from the right-of-way line where a plan of the right-of-way is on file with the registry of deeds, or in the absence of such a plan, from a line thirty-five (35)feet from and parallel with the centerline of the traveled way to the front building line. 2. The minimum side yard width required shall be measured from the side lot line to the side building line, and the minimum rear yard depth required shall be measured from the rear lot line to the rear building line. 3. On a corner lot, the minimum front yard depth. rather than the minimum side yard width, shall be applied to determine the setback of any building from lot lines abutting any public way. 4. The minimum lot width required shall be measured at the rear of the required front yard depth and on a line parallel to the right-of-way line where a plan of the right-of-way is on file with the registry of deeds or, in the absence of such a plan, from a line twenty-five (25) feet from and parallel with the centerline of the traveled way. 5. Frontage shall mean a lot line coinciding with the sideline of a street which provides both legal rights of vehicular access and physical vehicular access to the lot, said line to be measured continuously along a single street or along two (2) intersecting streets if their 11/19/24,5:32 PM B SECTION 10.0-DEFINITIONS I Zoning Ordinance i Salem, MA I Municode Library Zoning OI CYIn l�ldbreakfastestablishment.•Accommodations with not more than six (6) bedrooms occupied by bed and breakfast guests in which the owner of the establishment resides. Bed and breakfasts are intended for guest on intermittent visits, and shall not be used as long-term rental units or apartments.All parking for residents and guests shall be off-street. Brewery, distillery, or winery with a tasting room: A business located in a building where the primary use is for the production and distribution of malt, spirituous, or vinous beverages with a tasting room as defined in Section 10.0. Any such facility that only provides samples at no charge and limited in size as set forth in M.G.L. c. 138 shall have a Commonwealth of Massachusetts issued Farmer Series License and any such facility that sells alcoholic beverages to be consumed on the premises shall have a Commonwealth of Massachusetts issued Farmer Series Pouring License.The facility may host marketing events, special events, and/or factory tours.The facility may only sell beverages produced by, and commercial goods branded by,the brewery, distillery or winery.The facility may sell permitted beverages by the bottle to consumers for consumption off the brewery premises. Building:Any structure used or intended for supporting or sheltering any use or occupancy. Building, attached:A building, having one (1) portion completely separated from another portion by a division wall without openings. Building, detached.•A building, usually an accessory building, having no direct attachment to the principal building on the lot. Building line:The line of a building face, which face shall include cornices projecting more than twelve (12) inches, balconies, sun parlors, covered porches and entrances, whether enclosed or unenclosed, but shall not include steps. Building, principal.•A building in which is conducted the main or principal use of the lot on which said building is situated. Building coverage:That percentage of the lot or plot area covered by the roof area of a building or buildings. Building height:Building height shall be measured from the average elevation of the proposed finished grade at the front line of the building to the highest point of the roof for flat roofs,to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Fences and walls shall be measured from the Finished grade vertically to the highest point. Business or professional office:A building or part thereof, for the transaction of business or the provision of services exclusive of the receipt, sale, storage, or processing of merchandise.