22 EDEN STREET - BUILDING JACKET nNDIT �Q CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 d
�n TELEPHONE: 978-745-9595 r:
W�
FAX: 978-740-9846
KIMBERLEY DRISCOLL - N
MAYOR -0
- N
April 28, 2010
0
Decision
City of Salem Zoning Board of Appeals
Petition of LEE AND MAUREEN DAVIS, seeking Variances from lot coverage and
side yard setback to allow for the construction of an addition onto the existing
single-family home on the property located at 22 EDEN STREET, Salem, MA
(Residential One-Family Zoning District).
A public hearing on the above Petition was opened on April 14, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on April 14, 2010 with the
following Zoning Board of Appeals members present: Robin Stein, Richard Dionne,
Rebecca Curran, Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate).
Petitioner seeks Variances pursuant to Section 4.0 of the City of Salem Zoning
Ordinances.
Statements of fact:
L The petitioners, Lee and Maureen Davis, represented themselves at the hearing.
2. In a petition dated February 23, 2010, petitioners requested dimensional
Variances in order to construct an addition onto their single-family home.
3. After discussions with the Building Inspector about their plans, petitioners
submitted revised plans, dated 4/5/10, to the Board of Appeals. At the hearing the
Building Inspector stated that the original plans had more closely resembled a
second unit than an addition, due to the placement of the entrances and exits, and
that the newly reconfigured plans showed more clearly that a second unit was not
proposed.
4. Petitioners submitted a Statement of Hardship with their application, stating that
they wished to construct the addition so that Maureen's parents, the one of whom
is disabled, could live there.
5. Al the hearing, petitioners submitted to the Board a petition with 14 signatures
from neighbors supporting the project.
2
G. At the hearing, Board members noted the large yard on the property and felt that a
sufficient amount of green space would be left on the property even after
construction of the addition.
7. No member of the public spoke in opposition or support of the petition at the
hearing.
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:
I. Literal enforcement of the provisions of this ordinance would involve
substantial hardship, financial or otherwise, to the appellant, due to the
disability of Maureen Davis's mother.
2. 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, as the dimensional relief requested is
minimal, and the property would contain a reasonable amount of green space
after construction of the addition.
3. The applicant may vary the terms of the Residential One-Family Zoning
District to construct the addition as proposed on the plans dated 4/5/10, which
is consistent with the intent and purpose of the City of Salem Zoning
Ordinance.
4. 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. Variances are granted to allow for the proposed addition, as shown in the
plans submitted.
In consideration of the above, the Salem Board of Appeals voted, five (5) infavor (Stein,
Curran, Dionne, Tsitsinos and Belair) and none (0) opposed, to grant petitioner's requests
for a Variances 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.
3
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
havingjurisdiction including, but not limited, to the Planning Board.
S. The property is to remain a single-family residential use.
Robin Stein, Chair
Salem Board of Appeals
A COPY OF I I IIS DECISION HAS BEEN HLLD WI I II THE PLANNING 130ARD AND"II IE 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 tiled 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 tiled with the Essex South Registry of Deeds.
I
Y` M
IiST�Efi�flidOpfIPPROVE{) 6Y TiiE
IA P �LtJ� PFWR T-0 .. .PERMIT BBWG GRANTED
May f
CITY OF SALEM
No. v+ •�a�i Date �V-2,3 -0?
z
� t
Ward Jr
Zoning District
Is Property Located In Location of
the Historic District? Yes_No Building � Pe
Is Property Located in /
the Conservation Area? Yes No_✓
BUILDING PERMIT APPLICATION FOR:
Permit to:
(Circle whichever apply) Roof, Reroof, Install Siding, Construct Deck, Shed, Pool,
Repair/Replace, Other:
PLEASE FILL OUT LEGIBLY & COMPLETELY TO AVOID DELAYS IN PROCESSING
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build according to the following
specifications:
Owner's Name Lee R DAVIS
Address & Phone 2 2- Ed eYL S"-17 (97Y) 7Vy- 9?O—
Architect's Name
Address & Phone n ( )
Mechanics Name fP5f- CJ00l u-fOY�C,.19 lac. a
'Off'
Address & Phone 103 [;,iLS,f?tFJti �o� Dttrr'!� (Iyp) s37-0�s3
What is the purpose of building? S °�14gF�
Material of building? If a dwelling,for how many families?
Will building confQno to law? y2 5 Asbestos? n 0
Estimated cost rG /� S 0�_�City License 8 State License rf
Home Improvement � "
Lic. 1 �f`-
t� Signature of Applicant
SIGNED UNDER THE PENALTY
OF PERJURY
DESCRIPTION OF WORK TO BE DONE
MAIL PERMIT TO:
p ,4.m 8
Y �d P,v s
� z.�,.;� d£}biz %a:a�✓,�G� .�"z"'�",e4���: x�£r�� ..'1: L.x?�t9yn.�i�i.!"t�'P
>rttar,i
", '4Q ,apA 1't,47
;l wd1N N wil
u a°;7Y.�fTh 'CYTS�
mN Y ,w `•tr Hl nr,zr£ 'tol i + o+, w,r
�d'MY"y F;,
0st{
t
l
i
The Commonwealth of Massachusetts
Board of Building Regulations and Standards CITY
C�r^ I Massachusetts State Building Code, 780 CMR 7"edition OF SALEM
Revised January
1 UI Building Permit Application To Construct pair,Renovate Or Demolish a 1, 2008
One Two-Family Dwelling
i Section For fficial Use Only
Building Permit Number: Date Applied: In�
Signature: (O� V V
Building Commissioner/latector i gs Date t l_
SE TI N 1: SITE INFORMATION
1.1 Property Address: 1.2 Assessors Map&Parcel Numbers
2 i t^O Eat ST -
L l a Is this an accepted street?yes P no Map Number Parcel Number
1.3 Zoning Information: 1.4 Property Dimensions:
Zoning District Proposed Use Lot Area(sq ft) Frontage(ft)
1.5 Building Setbacks(ft)
Front Yard Side Yards Rear Yard
Required Provided Required Provided Required Provided
1.6 Water Supply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System:
Zone: _ Outside Flood Zone?
Public❑ Private❑ Check if yes❑ Municipal❑ On site disposal system ❑
SECTION 2: PROPERTY OWNERSHIP[
2.1 Owner of Record:
Lce t M",&¢ DcL'V1 _ 27- Eve " ST12tET SALF"
Name(Print) Address for Service:
- �iZ u✓✓,r ��9�8) 7yY- 9z yZ,
Signature Telephone"
SECTION 3:DESCRIPTION OF PROPOSED WORK2(check all that apply)
New Construction❑ Existing Building❑ Owner-Occupied 15- Repairs(s) ❑ 1 Alteration(s) ❑ 1 Addition ❑
Demolition ❑ 1 Accessory Bldg.❑ Number of Units_ Other ❑ Specify:
Brief Description of Proposed Work: o 2 A .l
S/ �e C
SECTION 4:ESTIMATED CONSTRUCTION COSTS
Item Estimated Costs: Official Use Only
Labor and Materials
1.Building $ Cj OD V 1. Building Permit Fee: $ Indicate how fee is determined:
2.Electrical $
OOv ❑Standard City/Town Application Fee
❑Total Project Cost'(Item 6)x multiplier x
3.Plumbing $ sf S"ov 2. Other Fees: $
4.Mechanical (HVAC) $ 7-TOO List:
5.Mechanical (Fire $
Suppression) Total All Fees:$
Check No. -Check Amount: Cash Amount:
6.Total Project Cost: $ C(d� G D() ❑paid in Full ❑Outstanding Balance Due:
e�`W b
WHO t� , �Y
SECTION 5: CONSTRUCTION SERVICES
5.1 Licensed Construction Supervisor(CSL) D y S & y S
alz�isloo fiQp' r License Number Expi, dlo Date
Name of CSL-Holder / List CSL Type(see below) v
�c.
A 6Zls Type Description
U Unrestricted(up to 35,000 Cu.Ft.
R Restricted 1&2 Family Dwelling
Signature dr M Masonry Only
791 &Z 0 906 L�— RC Residential Roofing Covering
Telephone WS Residential Window and Siding
SF Residential Solid Fuel Burning Appliance Installation
D Residential Demolition
5.2 Reptered Home Improvement Contractor(HIC) ,/
C. O. Cu/tut Cea 4Zn [tit f N
HIC Company Name or HIC Registrant Name Regis .tion N mbar
Z rta 1t�a / Lawt944
Ad 02'f M 29
791920 rMFX xpiratior ate
Signature Telephone
SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c.152.§ 25C(6))
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide
this affidavit will result in the denial of the Issu x
a of the building permit.
Signed Affidavit Attached? Yes ..........d No...........❑
SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
1, L.e e a O V is as Owner of the subject property hereby
authorize C {,rrs :Lap h ¢✓ P �y✓ Bch to act on my behalf,in all matters
relative to work authorized this building permit application.
J gr �-=/Z — z4�0
Signattire of Owner Date
K f ID
Th.OWNEEW ORAUTHORIZED AGENT DECLARATION
I, l UL r 1 'O Q(— P (.U✓�'l1 L t/I ,asr- c or Authorized Agent hereby declare
that the statements andlinformation on the foregoing application are true and accurate,to the best of my knowledge and
behalf.
QI'
Print N
Signature of 0wriff or Au rized Agent Date
(Signed under the pains and penalties of
NOTES:
1. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor
(not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration
program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program and
Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 110.116 and I I O.RS,respectively.
2. When substantial work is planned,provide the information below:
Total floors area(Sq.Ft.) (including garage,finished basement/attics,decks or porch)
Gross living area(Sq.Ft.) Habitable room count
Number of fireplaces Number of bedrooms
Number of bathrooms Number of half/baths
Type of heating system Number of decks/porches
Type of cooling system Enclosed Open
3. "Total Project Square Footage"may be substituted for"Total Project Cost"