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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL (�� -
�' 120 WASHINGTON STREET, 3RD FLOOR CC_,.;�,
SALEM, MASSACHUSETTS 01 970
�n TELEPHONE: 978-745-9595
.... FAX: 978-740-9846
KIMBERLEY DRISCOLL '
MAYOR •,u v -� ��
November 2, 2006
Decision
Petition of Rachel Hunt requesting a Variance from side yard setback
requirements for the property located at 95 Essex Street, R-2 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on September 20, 2006 pursuant to
Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members present: Nina
Cohen, Annie Harris, Beth Debski, Richard Dionne,Bonnie Belair.
The petitioner Rachel Hunt is requesting a variance pursuant to section 9-5 to allow for
reconstruction and expansion of a nine (9) foot by eight (8)foot first floor mudroom and
second floor deck for the property located at 95 Essex Street, Salem, in the Two-Family
Residential (R-2) zoning district.
The petitioner is requesting a variance from the ten (10) foot minimum side yard setback
requirement of the City of Salem Zoning Ordinance (Sec 6-4,Table I) to approximately
five and one-half(5 1/2) feet for the expansion and reconstruction of a nine (9) foot by
eight (8) foot first floor mudroom and second floor deck.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 95 Essex Street is within the R-2 zoning district.
2. The Petitioner presented a petition in favor of the proposed addition signed by
four (4) of her neighbors.
3. Ward one City Councilor Lucy Corchado spoke in favor of the petition.
4. There were no members of the public wishing to speak in favor or opposed to
the proposed project.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request for a variance from the side yard setback requirement
of ten (10) feet to five and one-half(5 �i/z) feet does not constitute a substantial
detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. The petitioner's lot size and coverage do not generally occur in the district and
are specific to their land.
4. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
5. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Cohen, Debski,Dionne, Hams,Belair) and none (0) opposed,to grant the request for a
variance, 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.
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 Inspection 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. Unless this Decision expressly provides otherwise, any zoning relief granted
doe not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty
percent (50%) of its floor area of more than fifty percent (50%)of its
replacement cost at the time of destruction. If the structure is demolished by
any means to an extent of more than fifty percent(50%)of its replacement
cost or more than fifty percent (50%) of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the
provisions of the Ordinance.
9. The Petitioner is encouraged to voluntarily seek design input from the Historic
Commission (through the clerk of the Commission, Jane Guy).
Annie Harris
Salem Zoning 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 he 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 that
20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that it has been
dismissed or denied and 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.
The Commonwealth of Massachusetts
Board of Building Regulations and Standards Town of
(� Wt Massachusetts State Building Code, 780 CMR, 71"edition Building Dept
v!1\ Building Permit Application To Construct, Repair, Renovate Or Demolish a
^'J One- or Two-Family Dwelling
F� This Section For Official Use Only
Building Permit mber: Date Applied:
Signature: -dT5/o
Building Commissioner/ nspector of Buildings Date
SECTION 1:SITE INFORMATION
1.1 Pro erty Address: 1.2 Assessors Map& Parcel Numbers
C'FS SSe�C 4
I.I a Is this an accepted street?yes no Map Number Parcel Number
1.3 Zoning Information: 1.4 Property Dimensions:
Zoning District Piupused Use Lot Area(sq fry 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 ifyes❑ Municipal ❑ On site disposal system ❑
SECTION 2: PROPERTY OWNERSHIP'
2.1 Owner'o Record:
Mlgi � �aV ,S. 9t 0ssc 9
Nome(Print) Address for Service:
Signature Telephone
SECTION 3:DESCRIPTION OF PROPOSED WORK'(check all that apply)
New Construction❑ Existing Building❑ Owner-Occupied ❑ Repairs(s) R7 Alteration(s) ❑ Addition ❑
Demolition ❑ Accessory Bldg. ❑ Number of Units__ Other ❑ Specify:
° Brief Description of Proposed Work': In i?i 7 p C
r r%4-rr ,✓ 26✓7,bur
SECTION 4: ESTIMATED CONSTRUCTION COSTS
Item Estimated Costs: Official Use Only
Labor and Materials
1. Building $ �c� G� 1. Building Permit Fee: $ Indicate how fee is determined:
2. Electrical g ❑Standard City/Town Application Fee
❑Total Project Cost (Item 6)x multiplier x
3. Plumbing $ 2. Other Fees: $
4. Mechanical (HVAC) $ List:
5. Mechanical (Fire $
Su ression Total All Fees: $
Check No. Check Amount: Cash Amount:
6. Total Project Cost: I $ a .0 ❑ Paid in Full ❑Outstanding Balance Due:
V,�10�j C,)b 11 a4�s� �f--
SECTION 5. CONSTRUCTION SERVICES
5.1 Licensed Construction Supervisor(CSL) 1 b 5"� 1 f Z 1 $ I2a)
'". - License Number Expiration Date
Name of L-HQlder List CSL Type(see below)�J
Type Description
Address
l 1 C(O�5 's}— &Li nr LU A R Unrestricted u Cu. Ft)
—� Restricted I&2 Family
Dwelling
tur i
Signa M Mason Only
RC Residential Roofing Covering
Telephone WS Residential Window and Siding
SF Residential Solid Fuel Burning Appliance Installation
O Ol.b T D Residential Demolition
5.2 Registered Home Improvement Contractor(HIC)
HIC Company Name or HIC Registrant Name Registration Number
Address
Expiration Date
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 Issuance of the building permit.
Signed Affidavit Attached? Y ......... ❑ No—........ ❑
SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
1, as Owner of the subject property hereby
authorize to act on my behalf,in all matters
relative to work authorized by this building permit application.
Signature of Owner Date
SECTION 7b:OWNEW OR AUTHORIZED AGENT DECLARATION
1, ,as Owner or Authorized Agent hereby declare
that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and
behalf.
Print Name
Signature of Owner or Authorized Agent Date
(Signed under the pains and penalties of perjury)
NOTES:
I. 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 1 I O.R6 and I IO.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"
,�,�Q •- �% PUBLIC PROPERTY
DEPARTMENT
Kl\01FAl.EY DlUSCOLL
MAYOR
120 WASHINGCON$1RFS1'*$A{y.1J,XA1S1CJil.'Sh11301970
TEL 978-745-9595 0 FA]c 978-740-9M
APPLICATION FOR THE REPAIR, RENOVATION, CONSTRUCTION
DEMOLITION, OR CHANGE OF USE OR OCCUPANCY FOR ANY EXISTING
STRUCTURE OR BUILDING
1.0 SITE INFORMATION
Location Name: Building:
Property Address: 9. ESSEK 7
5A LCM t`j A
Property is located in a: Conservation Area Y/N t Historic District Y/N
2.0 OWNERSHIP INFORMATION
2.1 Owner of Land
Name: MA11-1EW NAVINS �ACNEL NVI.IT'
Address: 95 E56EX S-7
---SAL -M 1v1 A
Telephone: 970 594- 177-7
3.0 COMPLETE THIS SECTION FOR WORK IN EXISTING BUILDINGS ONLY
Addition Existing
Renovation Number of Stories Renovated
Change in Use New
Demolition Existing
Approximate year of Area oer floor (sn Renovated
construction or renovation
of existing building New
Brief Description of Proposed Work:
pEMO ex-(5 lt1G TWO- STORy MuD 12001"1 s q X 9
CoNSTizuGT NEW C-72ovNr-> LEVCL. MCv jZc�t7t�
g�ac 9 SLA6 oN GTZADE W tTt> i3 x 9' 'DECK A3oVE
ETA tR5 'R� yA'R
Mail Permit to: 'IOYEZA(L -5011.DE25 64 W.- C TZ.EFJV lNC )D c;7r—
M.E5130rZ'-/ MA 01 t-5
f
or
What is the current use of the Building? _P W ELL L ,•,rWO
Material of Building? I N-00 V If dwelling, how many units?
Will the Building Conform to Law?
Asbestos?
Architect's Name
Address and Phone
Mechanic's Name
Address and Phone 2 I� gZ
Construction Supervisors License# 007� l HIC Registration#
Estimated Cost of Project$-16_1_000—w Permit Fee Calculation
Permit Fee$ <17.00 Estimated Cost X$7/$1000 Residential
Estimated Cost X$11/$100o Commercial
An Additional $5.00 is added as an
Administrative charge.
Make sure that all fields are properly and legibly written to avoid delays in processing.
The undersigned does hereby apply for a Building Permit build toJthove stated
specifications. Signed under penalty of perjury X
Date t z 2
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L4 17.8'
OD
7.0 COMMON
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2"x4" CON5TRUCTI0N
1/ 2" WATER M515TANT 5NEMTROCK
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The Commonwealth of Massachusetts FOR
Board of Building Regulations and Standards
*sachusetts State'Building Code,7.80 CMR, 7"'edition ��IUSE. I
I
Building Permit Application To Cgnstruct,Repair, Renovate Or Demolish a Revised January.
' Cne-or No-Family Dwelling 1, 2008
This'Seotion For 0 Ll e
Building Permit Number. ate App ed:
. Signature: ""U /Lo/t S�I
Building Commissioncd spectorofBu mgs Date
SEC ON 1: O.RMATION
111 Property Address: .2 AssessorsMap&Parcel Numbers
�15 E �, v 3 b 3av - ?a
1.1 a Is this an accepted street?yes_ no Map Numbcr Parcel Number
1.3 Zon'ng Informatio 1.4 Property Dimensions
Zoning District Proposed Use. Lot Area(sq ft) Fromage(A)
I.S.Building Setbacks.(ft).
Front Yard Side Yards - Rear Yard
Required Provided Required Provided- " Required - Provided. - .
I:6 W ater.Supply: (M-G.L n.40,§54) 1.7'Flood Zone Information:- . 1.8 Sewage Disposal Systems --".--
Zone Outside Flood Zone? Municipal
unici .al 0 On site disposal system -❑.
Public❑' Private❑ - - — ' Check if
F
SECTION 2: PROPERTY OWNERSHIP'
2.1 O r' flRecprd:
Name(Print) - Address for Service '
Signature - - 'telephone
SECT1bN 3:DESGRI -TION OF PROPOSED WORK?. check all that apply)' .
:Ite�ticar Addi c. .0
Nea'Ccos�uedon ❑ '& snn'!B'u!Idurg" Ov:her-0^ espied Cf Repairs(sl'.0 )
Demolition ❑ Accessory Bldg: ❑ Numberofllnits Other
'Brief Dascriotion of Proposed Work'': t'A
SECTION 4:ESTIMkTED CONSTRUCTION COSTS
Item Estimated Costs: Official Use Only
(Labor and Materials
1.Building $ �. 1_ Building Permit Fee:$ Indicate how fee is determined:
v� ❑Standard City/Town Application Fee
2 Electrical $
❑Total Project Cost'(Item 6)x multiplier x
3.Plumbing $ 2. Other Fees: $
4.Mechanical (HVAC) $ List
5.Mechanical. (Fire $
Su ressign) Tota]All Fees: $
Check No. Check Amount: Cash Amount:
6,Total ProjectCost: $. q,C))a Standard
in Full ❑Outstanding Balance Due:
L
SECTION St CONS- RIIC"N SEI GES
5.1 Licensed Construction Supervisor(CSL)
"�t�tn �'elnnl`� •t •UcrnseNumber .EzpitatianD
NamfCS e oL-Holder(� --I 1
Date-.
(/� A —f C)L '.(„ . Ikti Ust-CSL Type(seebelow)
y '� Des " lion
Unrestricted(u-to 35,000 Cu Ft
Signs a .: R Restricted l&2 Farml Dwellin - .
Telephone. X L s-a B _ - RC Residential Roofing Covcrin -
J - ._WS' Residential Window and Sidm
SF Residcntal Sond Fuel Burning Appliance Installation
5. r t C p Registered Ho a Im sine on actor(HIC) D Residentia]Demoiition
�P v�ewa l �l - �n��H1C Cpmpan Name or HI Re rstrant�I RegrstrattonNumber .
iD�1 rl Cr ttjlll�u � oi�33
Aaaresa �?3: 13':
l '3SI-iUu Expiration Date
Signature Telephone . . .
X `JS3N
SECTION 6:WORKERS, COMPENSATION INSURANCE AFFID 4VIT(M.G_1L r;i5!_1 35C( '
this affid .
Workers Gomprnsatton�Insurance affidavit must be completed and submitted with this application: Failure to provide .
davit will result in the denial of the Issuance of the building pernut
Signed Affidavit Attachtd2 ' Yes ..._.:.. No.....
.....❑
SEC TION 7a::O R'4UTROAZATIox TO)BE•CpMEZE. . .
OWNER'S e1GEN1 flI 'C9NT[3 A aC�OPt"PIM It03tBIULi1ATia F iZt11'9I
I, as Owner of the subject y
suthorize ] property hereb
to act on my behaK in
ve to work authorized by this building all matters
relati
. g Pemii[application.
Si aYure ofOwner -
. Date
� nTIoN •.... : .
az-0u!oet•pY:ADtlipt¢ed Age-nt dic'Mby
drat t1u statements and informationforegoing application are.true:atsd acctualr, to tlie�6est of my krto-vrledge and
behnlf. . -��'i�
�'c •1 � 1'\ 1.1 d -: . ..
.FrinLNamc
c e Or..umanzea Agcnt
(Si '
(Signed under the pains and penalties of a u . Date
NOTES:
1. An Owner who obtains a building"permit to do his/her own work Oran owner who hires'an unregistered contractor
(not registered in the Home Improvement Contractor(H1C)Program),will nor Have access to the.arbitration
program or guaranty fund under Iv Cr.I._ c. 14?A Other importan(information on the HIC Program and
Construction Supervisor Licensing(CSL)can be found in 780`CMR Regulations 110.R6 and 110.R5,respectively.
2. When substantial work is planned,provide the information below
Total floors area(Sq.Ft). m
Gross living area(Sq.Ft.) (including gage:iimshed basement attics, decks or porch)
Habitable room count
Number of fireplacesNumber ofbedrooms
Number o sting system
Number of haMaths
Type ofheating system
Type of cooling system Number of decks/porclies '
Enclosed
—Open
I "Total Project Square Footage"may be substituted for"Total Project
The Commonwealth of Massachusetts
Department of Public Safety
Massachusetts State Building Code(780 CMR)
Building Permit Application for any Building other than a One-or Two-Family Dwelling
(This Section For Official Use Only)
Building Permit Number: Date Applied: Building Official:
r SECTION 1:LOCATION(Please indicate Block#and Lot#for locations for which a street address is not available)
�i5e'sS� 4Lp-evN 0L `1lo
No.and Street City/Town Zip Code Name of Building(if applicable)
SECTION 2:PROPOSED WORK
Edition of MA State Code used_ If New Construction check here❑or check all that apply in the two rows below
Existing Buildh CV._ Repai Alteration ❑ 1 Addition❑ 1 Demolition ❑ (Please fill out and submit Appendix 1)
Change of Use ❑ Change of Occupancy ❑ Other ❑ Specify: -
Are building plans and/or construction documents being supplied as part of this permit application? Yes ❑ Nor.0t
Is an Independent Structural Engineerm Peer Review required? ��77 Yes ❑ No
Brief Description of Proposed Work: d /L 1?0 2Y i R rr. o is S K ca'-t- � A
A -
.aTG1. '. ..T.oLtd.. 2 /JcCGS�� 4-441LS'
SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR
CHANGE IN USE OR OCCUPANCY
Check here if an Existing Building Investigation and Evaluation is enclosed(See 780 CMR 34) ❑
Existing Use Group(s): Proposed Use Group(s):
SECTION 4:BUILDING HEIGHT AND AREA
Existing Proposed
No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.)
Total Area(sq.ft.)and Total Height(ft.)
SECTION 5:USE GROUP(Check as applicable)
A: Assembly A-1❑ A-2❑ Nightclub ❑ A-3 ❑ A-4❑ A-5❑ I B: Business ❑ E: Educational ❑
F: Facto F-1 ❑ F2❑ H: 1 h Hazard H-1❑ H-2❑ H-3 ❑ H-4❑ H-5❑
1: Institutional 1-1 ❑ I-2❑ I-3❑ I-4❑ M: Mercantile❑ R: Residential R-1❑ R-2❑ R-3❑ R-4❑
S: Storage S-1 ❑ S-2❑ U: Utility❑ Special Use❑and please describe below:
Special Use:
SECTION 6:CONSTRUCTION TYPE(Check as applicable)
IA ❑ 111 ❑ IIA ❑ IIB ❑ IIIA ❑ IIIB ❑ I IV ❑ 1 VA ❑ VB ❑
SECTION 7:SITE INFORMATION(refer to 780 CMR 111.0 for details on each item)
Debris Removal:
Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Licensed Disposal Site❑
Public❑ Check if outside Flood Zone❑ Indicate municipal❑ A trench will not be P
Private❑ or indentify Zone: or on site system❑ required❑or trench or specify:
permit is enclosed❑
Railroad right-of-way: Hazards to Air Navigation: MA Historic Commission Review Process:
Not Applicable❑ Is Structure within airport approach area? Is their review completed?
or Consent to Build enclosed❑ Yes❑ or No❑ Yes❑ No ❑
SECTION 8:CONTENT OF CERTIFICA"I OCCUPANCY
Edition of Code: Use Group(s): Type of Construction: Occupant Load per Floor:
Does the building contain an Sprinkler System?: Special Stipulations:
SECTION 9: PROPERTY OWNER AUTHORIZATION
Name and Address of Property Owner 7,-FF CA E Vron. q S C n
SS r- �T S At,,. 9_1`31p
Name(Print) No.and Street City/Town Zip
Property Owner Contact Information:
Title Telephone No.(business) Telephone No. (cell) e-mail address
If applicable,the property owner hereby authorizes
Name Street Address City/Town State Zip
to act on the property owner's behalf,in all matters relative to work authorized by this building permit application.
SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2)
If building is less than 35,000 cu.ft.of enclosed space and/or not under Construction Control then check here❑and skip Section 10.1
10.1 Registered Professional Responsible for Construction Control
Name(Registrant) Telephone No. e-mail address Registration Number
Street Address City/Town State Zip Discipline Expiration Date
10.2 General Contractor
�-c-
Company Name
rtZx-- 0 r c `s 4�c1 � 3
Name of Person Responsible for Construction License No. and Type if Applicable
M U ( g �o
Street Address City/Town State Zip
Telephone No.(business) Tele hone No. cell e-mail address
SECTION 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c.152.§ 25C 6
A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and
submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit.
Is a signed Affidavit submitted with this application? Yes❑ No ❑
SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE
Item Estimated Costs:(Labor A9
and Materials) Total Construction Cost(from Item 6)_$ l ig —.
1.Building $ RO Building Permit Fee=Total Construction Cost x (Insert here
2.Electrical $ appropriate municipal factor)=$
3.Plumbing $
4.Mechanical (HVAC) $ Note:Minimum fee=$ (contact municipality)
5.Mechanical Other $ Enclose check payable to
6.Total Cost $ (.l k 9-a �?=o (contact municipality)and write check number here
SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT
By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this
application is true and accurate to the best of my knowledge and understanding.
Tc � L-�;zs 97b - 3 t 13
Please print and sign name Title
23r2Q C -� �a46��/%=/
Street Address City/Town
Municipal Inspector to fill out this section upon application approval: /
Name Date