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CITY OF SALEM
PLANNING BOARD
201b FEB —9 A 8. 59
Reapplication E-J-F; " { c.
PP CITY CL,.;s�..
11 Herbert Street(Map 35, Lot 320)
February 9 2016
Blue Waters Vero, LLC
65 Salem Street
Woburn, MA 01801
RE: Reapplication— 11 Herbert Street
On Thursday, February 4, 2016 the Planning Board of the City of Salem opened a Public
Hearing regarding the application of Blue Waters Vero, LLC for the Planning Board to consider
whether the reapplication for the Variance request has been a specific and material change in the
conditions upon with the previous unfavorable action was based.
The Public Hearing was closed on February 4, 2016. At a regularly scheduled meeting of the
Planning Board held on February 4, 2016, the Board voted by a vote of Six (6) in favor (Chair
Ben Anderson, Vice Chair Matt Veno, Helen Sides, Kirt Rieder, Noah Koretz, Dale Yale) in
favor and one (1) opposed, (Carole Hamilton)to approve the application. Given that one member
was absent and one member opposed the approval,the petition is denied.
Ben J. Anderson
Chair
1
CITY OF SALEM
PLANNING BOARD
Notice of Decision
At a meeting of City of Salem Planning Board held on Thursday, February 4, 2016 at 7:00pm at 120
Washington St., Salem, MA,the Planning Board voted on the following items:
A public hearing to consider the application of BLUE WATER VERO, LLC, for the reapplication of
BLUE WATERS VERO, LLC, seeking Special Permits from Sec. 3.3.3 Nonconforming Structures and
3.3.5 Nonconforming Single and Two- Family Residential Structures and a Variance per Sec. 5.1 Off-
Street Parking Requirements of the Salem Zoning Ordinance to allow the conversion of a single-family
dwelling unit to a two-family dwelling unit and associated parking at the property of 11 HERBERT
STREET (Map 35 Lot 320)(R2 Zoning District). In particular, the Planning Board considered whether the
reapplication for the Variance request has been a specific and material change in the conditions upon with
the previous unfavorable action was based.
Decision: Denied
Filed with the City Clerk on February 9, 2016
This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 dam' 15 and does not
require action by the recipient.Appeals, if any, shall be madepursuant to Chapter 40A, Section 17, and shall be filed evithin 20
days from the date which the decision was filed will)the City Clerk.
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • PHONE 978.619.5685 FAx 978.740.0404 • WWW.SALEM.COM
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM, MASSACHUSETTS
u BOARD OF APPEALS ,It15 DEC 28 A 11;,42
120 WASHINGTON STREET,3RD FLOOR !LL i(
SALEM,MASSACHUSETTS 01970 CIT'f
KDABERLEY DRISCOLL RE '
011 pppq g
MAYOR ThomasPhone:ierre,Director of Inspectional 978-619-5641/Fax:978-740-9845 es E g p
Erin Schaeffer,Staff Planner 6 B Dt U 92.,�f°� �'i#o` C
Phone:978-619-5685/Fax:978-740-0404 J
TO THE BOARD OF APPEALS DEPT. OF PLANNING&
COMMUNITY DEVELOPMENT
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address: 11 HERBERT STREET Zoning District: R-2
An application is being submitted to the Board of Appeal for the following reason(s): This 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 a 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to he 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.)
Change the existing permitted use as a one fames residential structure to use as a permitted two family
residential structure with no change to the nonconforming structure and nonconforming lot; and provide for
required three car on-site parking but partially in tandem.
For this reason I am requesting:
(X )Variance(s)from provisions of Section 5.0 of the Zoning Ordinance,specifically from
Prohibition of tandem parking (i.e. minimum depth ofrear yard).
What is allowed is three 3)parking spaces (/l?sq ft?stories? %?), and what I
am proposing is three(3)spaces(two tandem) (/i?sq ft?stories?%?).
(X )A Special Permit under Section 3.3.3 and 3.3.5 of the Zoning Ordinance in order to grant a special
permit for less than the minimum lot area per dwelling.unit
( )Appeal of the Decision of the Building Inspector(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: Single Family Are Lot Dimensions Included? (X ) Yes ( )No Why?
(Example:Two Family Home)
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.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
( X ) Reapplication Statement
(X ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
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 provisions 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.
(X ) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit
for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not
be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety, including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character;and
I) Potential fiscal impact,including impact on City tax base and employment.
( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B §20-23.
Previous application to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious application to the petitioner or his
representative.
If different from petitioner:
Petitioner: Blue Waters Vero,LLC Property Owner: Blue Waters Vero,LLC
Address: 104 Gregory Island Rd, So.Hamilton,MA 01982 Address: 104 Gregory Island Rd,So. Hamilton,MA 01982
Telephone: Telephone:
Email: Email:
Signatur - Signature:
y� D � (Attached consent fetter is also acceptable)
Date: D 'btt er 28.2015 Date:
If different from petitioner:
Representative: Atty George W.Atkins III
A TRUE Address: 59 Federal Street, Salem,MA 01970
ATTEST Telephone: 978--744-0350--X- I07
Sign re: i--�
Date. ecember 28.2015
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
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REAPPLICATION
STATEMENT
The attached Decision of the Board was made in September, 2015. As noted in the
Decision, the petition requested relief in the form of variances. The current petition requests relief
in the form of a Special Permit with a minor variance from parking regulation.
As highlighted in the attached material from Massachusetts Continuing Education
"Massachusetts Zoning Manual", Section 10.20.1, case law provides that the two year prohibition
against reapplication for zoning relief"does not apply where different or alternative forms of relief
are requested."
The requested relief in the instant application requests a Special Permit in accordance with
Ordinance Sections 3.3.3 and 3.3.5 with an added request for a minor variance from parking
arrangement regulation, which constitutes a"different form of relief."
§10.20 MASSACHUSETTS ZONING MANUAL
§ 10.20 REAPPLICATION/WITHDRAWAL
The Zoning Act places certain limits on reapplication following a final"unfavom-
ble action."
10.20.1 Prohibition of Reapplication
PPlication
The first paragraph of Section 16 of the Zoning Act imposes a two-year
moratorium on certain reapplications for zoning relief:
No appeal, application or petition which Lias been un-
favorably and finally acted upon by the [SPGA or
PGA] shall be acted favorably upon within two years
after the date of final unfavorable action unless said
[SPGA or PGA] finds, by a unanimous vote of a
board of three members or by a vote of four members
of a board of five members or two-thirds vote of a
board of more than five members, specific and mate-
rial changes in the conditions upon which the previ-
ous unfavorable action was based, and describes such
changes in the record of its proceedings, and unless
all but one of the members of the planning board con-
sents thereto and after notice is given to parties in in-
terest of the time and place of the proceedings when
the question of such consent will be considered.
The purpose of this requirement is"to give finality to administrative proceedings
and to spare affected property owners from having to go repeatedly to the barri-
cades on the same issue."Ranney x Bd. of Appeals of Nantucket, 11 Mass.App.
Ct. 112, 115 (1981). The two-year period runs from the filing with the city or
town clerk of the unfavorable decision, cf. Bldg. Inspector of Attleboro v. Attle-
boro Landfill, Inc., 384 Mass. 109 (1981) (construing"final action" in Zoning
Act § 9), and does not prohibit filing for reconsideration within the two-year
period so long as "favorable action" on the refiled petition is delayed until the
period has expired.
'The The does not apply whore different or alternative forms of relief are
irequested. See, e.g., Halko v Bd. of Appeals of Billerica,.349 Mass. 465,473'
1(1965) (special permit denial does not preclude variance request within the twos
year period).The prohibition also should not apply when a favorable or unfavor-
able decision of a PGA or SPGA is annulled by the courts or while an appeal
from a favorable or unfavorable decision is pending because final action on the
application has not been taken in either case. Additionally, the prohibition may
10-70 5th Edition, 1st Supplement 2013
��oiuw
gP" CITY OF SALEM, MASSACHUSETTS
a q, BOARD OF APPEAL
=% 120 WASHINGTON STREET♦ SALEM,MAssACHUSETTSg�LUp�
MmBERLEY DRiscoLL TELE:978-745-9595-* FAX:978-740-9846 IJ°5EP 30 P Z� 20
MAYOR FILE Yr
September 30, 2015 CITY CLERK, SALEM. MASS.
Decision
City of Salem Board of Appeals
Petition of BLUE WATERS VERO, LLC, seeking Variances requesting relief from Sec. 4.1.1 Table of
Dimensional Requirements for minimum lot area and minimum lot area per dwelling unit and Sec. 5.1 Off-
Street Parking Requirements of the Salem Zoning Ordinance to allow the conversion of a single-family
dwelling unit to a two-family dwelling unit and associated parking at the property of 11 HERBERT STREET
(Map 35 Lot 320)(82 Zoning District).
A public hearing on the above Petition was opened on September 16,2015 pursuant to M.G.L Ch. 40A, § 11.
and closed on this date with the following Salem Board of Appeals members present: Ms. Curran (Chair),Mr.
Copelas,Mr. Watkins,Mr. Tsitsinos and Mr. Viccica.
The Petitioner seeks Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements for
minimum lot area and minimum lot area per dwelling unit and Sec. 5.1 Off- Street Parking Requirements of
the Salem Zoning Ordinance to allow the conversion of a single-family dwelling unit to a two-family dwelling
unit.
Statements of fact:
1. In the petition date-stamped August 25,2015, the Petitioner requested Variances requesting relief
from Sec. 4.1.1 Table of Dimensional Requirements for minimum lot area and minimum lot area per
dwelling unit and Sec. 5.1 Off- Street Parking Requirements of the Salem Zoning Ordinance to allow
the conversion of a single-family dwelling unit to a two-family dwelling unit.
2. Attorney Mcgloin presents the petition on behalf of the applicant.
3. The property was at one time used as a two (2) family dwelling unit and has since been converted, at
the request of previous owners,to a single family home.
4. The property is currently used as a single-family home, but is divided as a two family and is separately
metered for two (2) units.
5. The lot size is 2,657 square feet. The zoning ordinance requires a minimum lot size of 15,000 square
feet in an R2 Zoning District and also requires a minimum lot area per dwelling unit of 7,500 square
feet.
6. No changes to the existing building footprint are proposed.
7. The petitioner proposes parking plans with two (2) parking spaces. The parking requirements per the
Salem Zoning Ordinance for a residential use are 1.5 parking spaces per dwelling unit.
8. The petitioner recently bought the home through an estate sale and bought it as a single-family home.
9. The petitioner states that without relief from the Zoning Ordinance there would be a substantial
financial hardship incurred.
City of Salem Board of Appeals
September 30,2015
Project: I1 Herbert Street
Page 2 of 2
10. The requested relief,if granted,would allow the Petitioner to convert a single-family dwelling unit to a
two-family dwelling unit with associated parking.
11. At the public hearing one (1) member of the public spoke in opposition to, the petition and no
members of the public spoke in support of the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project does not meet the
provisions of the City of Salem Zoning Ordinance:
Findings for Variances:
1. There are no presented 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.
2. Literal enforcement of the provisions of the Ordinance would not create a substantial and unique
hardship to the petitioner as a financial hardship caused by the petitioner does not meet the standard
requirements of a legitimate hardship and does not directly correlate with any unique circumstances
that especially affect the land,building or structure involved.
3. The desired relief may not be granted without nullifying or substantially derogating from the intent of
the district or purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted one (1)in favor
(Mr. Tsitsmos) and four(4) opposed (Ms. Curran,Mr. Copelas,Mr. Viccica,Mr. Watkins), to grant Variances
requesting relief from Sec. 4.1.1 Table of Dimensional Requirements for minimum lot area and minimum lot
area per dwelling unit and Sec. 5.1 Off- Street Parking Requirements of the Salem Zoning Ordinance to allow
the conversion of a single-family dwelling unit to a two-family dwelling unit and associated parking,
THE PETITION IS DENIED. p
-R
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal firm this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and
shall be filed witln'n 20 days of filing of Ibis 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.
' CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET 4 SALEM,MASSACHUSETTS 01970
KIMBERLEY D1uscOLL "MLE:978-745-9595 ♦ FAx:978-740-9846
MAYOR
Notice of Decision
At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, September 16,2015 at 6:30
p.m. at 120 Washington St., Salem,MA, the Zoning Board of Appeals voted on the following item:
Petition of BLUE WATERS VERO, LLC, seeking Variances requesting relief from Sec. 4.1.1 Table of
Dimensional Requirements for minimum lot area and minimum lot area per dwelling unit and Sec. 5.1 Off-
Street Parking Requirements of the Salem Zoning Ordinance to allow the conversion of a single-family
dwelling unit to a two-family dwelling unit and associated parking at the property of 11 HERBERT STREET
(Map 35 Lot 320)(R2 Zoning District).
Decision: DENIED
Filed with the City Clerk on September 30, 2015
This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 dam• 15 and does not
require action by the recipient.Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within
20 days from the date which the decision was filed with the City Clerk.
SPECIAL PERMIT
STATEMENT OF GROUNDS
The proposed change of use is a change from a conforming use as a single family dwelling
to another conforming use as a two family dwelling which was the original use of the building. No
changes to the nonconforming structure and lot are proposed.
The existing lot is nonconforming as to area, consisting of 2,567 SF compared to the
ordinance requirement of 15,000 SF. The proposed conforming use as a two family dwelling
requires 7,500 SF per dwelling unit i.e. 15,000 SF, the same for single family use.
The two family district contains many similar nonconforming structures, lots, and multi-
family uses and thus the proposed use confirms to the neighborhood character. The proposed use as
a two unit residential condominium will provide the social and economic needs of the community
for small size starter homes. The small size of the units will not cause an increase in traffic. Since
parking will be on site, the proposed use will not result in additional street parking. Utilities,
drainage, and natural environment will not be impacted. The two unit condominium will increase
real estate tax revenue from the property.
Thus the proposed conforming use will not be substantially more detrimental to the
neighborhood.
VARIANCE STATEMENT
The lot has an irregular shape and a building encroachment which are unique conditions in
the R-2 zoning district. The proposed use as a two family residential dwelling is a permitted use in
the district and was the original use of the building. The proposed parking of three(3)vehicles
complies with the proposed use and petitioner is requesting a minor variance to allow two (2)
spaces to park in tandem. The limited existing lot area of 2,567 SF and the shape of the lot creates a
substantial hardship as the property would not otherwise be able to be used for the two family use
permitted in the zoning district. The relief requested is a minor variation from the ordinance
parking regulations and does not create an inconsistent use in the residential district and thus a
relatively minor hardship justifies a variance and satisfies the requirement that there is no
substantial derogation of the intent of the Ordinance to preserve the residential neighborhood.
it
J fVic` i Qr
Attorneys At Law
101 North Common Street
Second Floor
Lynn, MA 01902
Phone: 781-599-1010
Lisa J.McGloin Facsimile: 781-599-4946
Retired Attorney Emeritus
Arthur E. Gustafson,Jr. John P. McGloin
Sharon Murphy McGloin
August 25, 2015
Zoning Board of Appeals
City of Salem
120 Washington Street
Salem, MA 01970
RE: I I Herbert Street, Salem, MA
Dear Zoning Board Appeals Members:
Enclosed please find the following documents in support of my client, Blue Water Vero
Inc's petition for a variance:
1. Application;
2. Copy of recorded deed;
3. Copy of Parking Plan for 11 Herbert Street by Reid Land Surveyors;
4. Copy of Mortgage Inspection Plan for 11 Herbert street by Reid Land
Surveyors;
5. Supporting Statement
6. Check in the amount of$
Please schedule this matter for hearing at your earliest convenience. Thank you for your
assistance in this regard.
Very T y Yours,
J. McGloin
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
icon orr PETITION FORM
CITY OF SALEM,MASSACHUSETTS
BOARD OF APPEALS
a - 120 WASHINGTON STREET;5M FLOo�015 AUG 25 P 3' 0T
y�s9�cl SALEM,MASSACHUSETTS 01970
Thomas St.Pierre,Director of Inspectional Services FILE 0 u r=
Phone.978-619-5641 /Fax:978-740-98UTY CLEItASJ
iC. SALEM. i i .
KIMBERLE DRISCOLL Erin Schaeffer,Staff Planner
MAYOR Phone:978-619-5685/Fax:978-740-0404 R E Co FE I V PF7 r,
TO THE BOARD OF APPEALS: AUG Z 5 L016
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
DEPT.OF PIANNWt9&
Address: 11 Herbert St, Salem, MA Zoning District: R-2 COMUMTYp1: M"MENT
An application is being submitted to the Board of Appeal for the following reason(s): This 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.)
Convert use of dwelling back to a two family on a non rnnfc,rming
lotno change
lot being 2, 657 Sfeet7. (.„,�\O`
I f \tti
To allow use as a twofamily- Petitions seals relief from P
Parking requirements apt fcirth in cA.-Han 5 0
For this reason 1 am requesting: -
( Variance(s)from provisions of Section 4S 1 an of the Zoning Ordinance,specifically from 4 • 1 • 1 and
—(i.e. minimum depth of rear ya d),
spaces w>_ >_rec access
What is allowed is 1
Ft- 4—Iaark i ng (f?sq ft?stories? %?), and what I
amproposingis dwelling existing footp#ftkft?stories?%?).
(2, 657 sq ft) 4 tandem parking spaces
( )A Special Permit under Section of the Zoning Ordinance in order to
( pAppeal of the Decision of the Building Inspector(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: Single FamilyAreLot Dimensions Included?X$Yes No Why?
(Example.:Two Family Home)
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.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
(K For all Variance requests a written Statement of Hardship demonstrating the following must be attached:..
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 provisions of the Ordinance would involved 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.
( ) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading; -
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment, including drainage;
e) Neighborhood character;and
f) Potential fiscal impact,including impact on City tax base and employment.
O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B §20-23.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
- form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
If different from petitioner:
Petitioner: Blue Waters Vero, LLC Property Owner.
Address: 05 Sglem St-, Woburn, 14Wdress:
Telephone: 781 -98r-9038 01801Telephone:
Email: et Email:
Signature:" _Signature'
(Attachedeonsetn letter is also acceptable)
Date: o Date:
If different from petitioner:
Representative: Lisa J. McGloin
A TRUE Address: 101 North Common St Lynn, MA
ATTEST Telephoned 81 —599-1010
Signature:
/
Date: p p Ia5-11'5
CITY CLERK DATE DPCD DATE -
This original application must be filed with the City Clerk. -
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4T —
11 HERBERT ST.
"I, HEREBY, CERTIFY TO THE BEST OF MY KNOWLEDGE
THAT THE PREMISES SHOWN ON THIS PLAN ARE NOT LOCAT— NOTE: THIS PLAN WAS PREPARED FROM A
ED WITHIN A SPECIAL FLOOD HAZARD AREA AS DELINEATED TAPE SURVEY AND IS INTENDED FOR
ON THE MAP OF ESSEX COUNTY PREPARED BY THE MORTGAGE PURPOSES ONLY. OFFSETS SHOWN
FEDERAL EMERGENCY MANAGEMENT AGENCY OR ITS ON OR SCALED FROM THIS PLAN, ARE
SUCCESSORS DATED 7/16/2014, MAP #25DO9CO419G, APPROXIMATE ONLY AND SHOULD NOT BE
PANEL NUMBER 419 0 soo, ZONE X . USED TO DETERMINE PROPERTY LINES.
I FURTHER CERTIFY THAT THIS INSPECTION WAS PER—
FORMED IN ACCORDANCE WITH THE "TECHNICAL STAND— SCALE: 1" = 20' DATE: OCT 24, 2014
ARDS FOR MORTGAGE LOAN INSPECTIONS" AS ADOPTED
BY THE MASSACHUSETTS ASSOCIATION OF LAND SURVEYORS BOOK: 2547 PAGE: 525 CERT.#
AND CIVIL ENGINEERS.
THIS CERTIFICATION DOES NOT INCLUDE SHRUBS, WALLS, CONTROL #:P14-0206 L ,
FENCES OR DRIVEWAYS AS THEY DO NOT ALWAYS INDICATE
PROPERTY LINES. MGA
• Supporting Statement
This application to the Board of Appeals on behalf of Matthew Donaghey, Manager of
Blue Waters Vero, LLC to allow a variance for two family use of a property on a non-
conforming lot size as well as for relief from the off sheet parking requirements, set forth in
Section 5.1 of the City of Salem zoning ordinance. The petitioner is seeking this relief to bring
back two family use to 11 Herbert Street, Salem, MA.
The premises is zoned and was previously used as a two family dwelling. The previous
owner allowed the property to deteriorate and go into disrepair. The previous owners
discontinued using the property as a two family and wrote a request to the City of Salem asking
for the use to be changed to a single family for tax purposes. The house is still divided as a two
family and is separately metered with separate systems for two units.
The petitioner is aware that the lot size for a two family to be 15,000 square feet.
However, this lot is a previously existing non-conforming structure. In order to return the use to
a two family use, there will be no change to the footprint of the existing structure.
In order to restore the use as a two family dwelling, the petitioner further seeks relief
from the off-street parking requirements. The petitioner has attached two proposals for off street
parking. The zoning regulations require a minimum of three spaces for a two family dwelling.
The petitioner has attached a design for four parking spaces. This would provide adequate
parking for the two family and is the preferred design. This provides tandem parking,two spots
in line for each unit. However, it would require relief from Section 5.1. Specifically, 5.1.6 states
that no case shall parking lots be designed to require cars to back into a public way to leave the
ht.The four car design will certainly require cars to either back into park or back out to park. A
second design is also being submitted which again allows for three spaces but still poses the
same issue with vehicles having to back up to exit the lot and provides less off-street parking.
Should the Board of Appeals not allow the petitioner relief from the existing zoning
requirements, the petitioner would suffer a significant financial hardship. The petitioner would
need to convert the two family nature of the existing dwelling to a single family home would be
a substantial financial undertaking. Further, it would make this property a single family home in
amongst a two family neighborhood.
r � � ���- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfllllllll
2014112100570 803688 Pg;253
11/21/2014 02:40 DEED Pa 1/3
MASSACHUSETTS EXCISE TRX
Southern Essex District ROD
Date: 11121/2014 02:40 PM
ID: 1041314 Doc# 20141121005700
Fee: $921.12
DEED Cons: $202,000.00
We, William J. Kossowan,Personal Representative of the Estate of Carolyn P.
Kossowan, also known as Carolyn Kossowan, Essex County Probate Court Docket No.
ES14P1710EA, pursuant to the power conferred by a License to Sell dated
/Voer.,,/" '?o , 2014, and Alyce J. Kohn of 30 Belleau Road, Salem, Massaehusetts,
01970, Leticia Miller of 218 Liberty Square Road, Boxboro, Massachusetts, 01719,
Lucinda Chalmers of 16 Piper Road, Acton, Massachusetts 01720, and Peter
Malkowski 46 Orchard Meadow Drive, Shrewsbury, Massachusetts, 01545, ,
for consideration paid and in full consideration of Two Hundred Two Thousand and
00/100 ($202,000.00) Dollars,
grant to Blue Waters Vero, LLC, a Domestic Limited Liability Company with a mailing
address of 104 Gregory Island Road, South Hamilton, Massachusetts,01982,
a�
The land in Salem, Essex County, Massachusetts, together with the buildings thereon,
bounded and described as follows: Beginning at a point on Herbert Street in said Salem,
y where the premises joins the land formerly of the Bethel Church, now City of Salem;
thence running north-westerly by said street forty-seven (47) feet; thence easterly by land
now or late of Samuel Kehew forty-eight(48) feet six (6) inches; thence northwesterly
a twenty-three (23) feet; thence easterly six (6) feet nine (9) inches; thence south-easterly
V
by land now or late of Mosley and Bethel Church, now City of Salem, sixty-six (66) feet
six (6) inches; thence westerly fifty-three (53) feet, six (6) inches to point begun at. Less
that portion of the said parcel separated and setoff therefrom by a Judgment of the Land
Court dated April 20, 2006 and entered in the matter of Margaret D. Wilkins, et al vs.
John Dumeracki, et al, Civil Action No. 311383, and recorded with the Essex Southern
District Registry of Deeds in Book 25684, Page 565, and more particularly described in
said Judgment as follows: a portion of the property known as and numbered 9 Herbert
Street and 11 Herbert Street and being described as that area in the rear of said property
approximately seven (7) feet six (6) inches.by twenty-three (23) feet by six (6) feet nine
(9) inches by twenty-three (23) feet.
We, William J. Kossowan, Alyce J. Kohn, Leticia Miller,Lucinda Chalmers, and
Peter Malkowski,declare under the pains and penalties of perjury that the property
conveyed herein was not homestead property nor our principal residence, and that no
other person is entitled to claim the benefit of an existing estate of homestead in the
premises. We hereby release and terminate any and all estates of homestead in and to the
property conveyed herein, whether created automatically pursuant to Massachusetts law
or by declaration.
For title see deed dated April 11, 1923 recorded with said Deeds in Book 2547, Page 545,
and Judgment dated April 20, 2006 and recorded May 19, 2006 with said Deeds in Book
25684, Page 565.
�i of ��
Witness our hands and seals this day of November, 2014.
William J. ssowan
Personal Rep esentative of the
Estate of Carolyn P. Kossowan,
a/k/a Carolyn Kossowan
C"'a w
Alyce J ohW ticia Millef
Lucinda Chalmers Peter Malkowski
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss.r November , 2014
a/
On this 0 day of November, 2014, before me, the undersigned notary public,
personally appeared William I Kossowan,Personal Representative of the Estate of
Carolyn P. Kossowan, a/k/a Carolyn Kossowan, proved to me through satisfactory
evidence of identification, which was ,no cr Llrn q,� ,to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose.
Not : Charles J. lty
My .7-.ssion expires: 05/1 14
M LE J IL
MTHNotaPublk
ra1s1p11i�teAtrll OF
w�seAalur�rrs
My Commission Expires
April 23. 2021
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. November dl , 2014
On this a/ day of November, 2014, before me,the undersigned notary public,
personally appeared Leticia Miller,proved to me through satisfactory evidence of
identification, which was ^4 ia„&we i. , to be the person whose name is signed
on the preceding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose.
CN=PuWic
tLTY Notary Publices J. Keilty
° "0NMy commission pires: 05/16/20Myires
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. November D?/, 2014
On this a- day of November, 2014, before me,the undersigned notary public,
personally appeared Lucinda Chalmers,proved to me through satisfactory evidence of
identification, which was ,, ,4 7j ,ice LI yr.of , to be the person whose name is signed
on the preceding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose.
CHAR=Xamll VNNotary Public: Ch s J. Keilty
coanmy cos rr3Mr coes. My commission fires: 05/16/2014A
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. November off/ 2014
r�
On this o?/ day of November, 2014, before me, the undersigned notary public,
personally appeared Peter Malkowski, proved to me through satisfactory evidence of
identification, which was ,iwl L,�w .-!, to be the person whose name is signed
on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose. J
CH Ff��Apr
LEsKEILTY Notary Public: les J. Keil
Notary Publicpmt OF IIIASM tp1§ }f8 My commissio xpires: 05/16/2 4My Commission Expl`resil 23, 2021
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. November 2014
On this /`l day of November, 2014,before.me, the undersigned notary public,
personally appeared Alyce I Kohn,proved to me through satisfactory evidence of
identification, which was m1f.1 Z%ev--1,to be the person whose name is signed
on the preceding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose.
7.
Notary Pu Ic• Charles J. Kel
My commi lon expires: 05/16 0 4
S:\CLIENTS\Kossowan Cmlyn\Deed for 11 Herbert Stdoe
Notary public
COMMWAIAM OF
\U1/ My Commission Expires
April 23. 2021
U.S.POSTAGE))PITNEY BOWE$,,
CITY OF SALEM MA'ln-2l'l •r. �
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SALEM,MA 01970
` 1 Parcel ID: 35-0416-0
N\/\ 92-94 ESSEX STREET TRUST
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DANVERS, MA 01923
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4 CITY OF SALEM
a PLANNING BOARD
City of Salem
Planning Board
The Planning Board will discuss and vote to consider consent to allow the Zoning Board of
Appeals to hold a public hearing for all parties interested in the reapplication of BLUE WATERS
VERO, LLC, seeking Special Permits from Sec. 3.3.3 Nonconforming Structures and 3.3.5 Nonconforming
Single and Two- Family Residential Structures and a Variance per Sec. 5.1 Off- Street Parking Requirements
of the Salem Zoning Ordinance to allow the conversion of a single-family dwelling unit to a two-
family dwelling unit and associated parking at the property of 11 HERBERT STREET (Map 35
Lot 320)(82 Zoning District). In particular, the Planning Board will consider whether the
reapplication request has a specific and material change in the conditions upon with the previous
unfavorable action was based.
This item will be heard at the Planning Board meeting on Thursday, February 4, 2016 at 120
Washington Street on the 3`a floor at 7pm.
Ben Anderson, Chair
Planning Board
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 - PHONE 97$.619.5685 FAX 978.740.0404 - WWW.SALEM.COM
ll-kms a. —q
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ELIZABETH M.RENNARD nlVICTORIA B.CALDWELL
CnYSO1.IQIDR SlsrA 'C(IYSOIJC]7'OR
93 WASHINGTON$TREE'I' 93 WASHINGTON STREET
SAIrM,MA 01970 CITY OF SALEM SALEM,MA 01970
'Diu 978.619.5633 'Ike.:978.619.5634
FAX: 978.744.1279 KIM BERT"EY L.DRISCOLL,MAYOR FAx: 978.744.1279
1 M_111L:BRENNARD Q@SALP.M.COM EMAIL:vCAu)vT11A4$N.rA.COM
LEGAL DEPARTMENT
93 WASHINGTON STREET
SALEM,MASSACHUSEI9'S 01970
1dd
1'INCE%AI m Memo
Date: January 15,2016
To: Erin Schaeffer,Planning Department
Amanda Chiancola,Planning Department
From: Elizabeth Rennard,City Solicitor-G�w
RE: Repetitive Petitions
In response to your request relative to the process for petitioner BLUE WATERS VERO, LLC to
re-apply for relief within a two-year period, I offer the following guidance:
Last fall, BLUE WATERS VERO, LLC sought Variances requesting relief from Sec. 4.1.1 Table
of Dimensional Requirements for minimum lot area and minimum lot area per dwelling unit and
Section 5.1 Off-Street Parking Requirements of the Salem Zoning Ordinance to allow the
conversation of a single-family dwelling unit to a two-family dwelling unit and associated
parking at the property of 11 HERBERT STREET(Map 35 Lot 320 (R2 Zoning District). On
September 30,2015, the Zoning Board of Appeals denied the request for Variances.
BLUE WATERS VERO, LLC, now seeks a Special Permit from Sec. 3.3.3 Nonconforming
Structures and 3.3.5 Nonconforming Single and Two- Family Residential Structures and a
Variance per Sec. 5.1 Off- Street Parking Requirements of the Salem Zoning Ordinance to allow
the conversion of a single-family dwelling unit to a two-family dwelling unit and associated
parking at the property of 11 HERBERT STREET(Map 35 Lot 320)(R2 Zoning District).
As you know, the Zoning Board of Appeals cannot consider the merits of a repetitive petition
until the Planning Board provides consent, based on a finding of specific and material change in
the conditions upon which the previous unfavorable action was based, within a two-year(2)
timeframe from the Zoning Board of Appeals Decision.
The procedural steps are as follows:
1. An appellant or petitioner must first submit his appeal, application or petition that has been
unfavorably acted upon to the Planning Board. Where the relief requested is different,the
repetitive petition provisions do not apply. See Griffith v. Board of Appeals of Framingham,27
Mass. App. Ct. 227 (1989). Therefore, in this case, only the variance for relief from the parking
requirements requires the Planning Board's consent.
2. The Planning Board must give notice to parties in interests of the time and place of the
proceedings where the Board will consider the question of consenting to a repetitive petition.
3. At the public meeting, the Planning Board considers whether the appellant or petitioner has
submitted sufficient information that could lead to a finding that there has been a specific and
material change in the conditions upon which the previous unfavorable action was based.
4. All but one member of the Planning Board must vote in favor of allowing the appellant or
applicant to resubmit the appeal, application or petition.
5. If the Planning Board consents,the appellant or applicant files his repetitive petition with the
Zoning Board of Appeals in the same manner as the original appeal, application or petition.
6. The Zoning Board of Appeals then holds a public.hearing on the repetitive petition in the same
manner as the original appeal,application or petition.
7. In addition to what is normally required to be contained in the public hearing notice, the notice
should also specify that the appeal, application or petition is a repetitive petition and that the.
Zoning Board of Appeals will be considering the question of whether there has been a specific or
material change in the conditions upon which the previous unfavorable action was based.
8. Before acting favorably on any repetitive petition,the Zoning Board of Appeals must find,by
a vote of four members of a five member board or by a two-thirds vote of a board of more than
five members, specific and material changes in the conditions upon which the previous
unfavorable action was based. Such changes must be specified in the record of its proceedings.
9. The Zoning Board of Appeals must then find that all the statutory requirements have been met
before granting any special permit or variance.
I hope this information is helpful. Please contact me with any questions or concerns.
t II kk)xrV SWC
Lei I a-d -
lira *;
CITY OF SALEM
PLANNING BOARD
City of Salem
Planning Board
The Planning Board will discuss and vote to consider consent to allow the Zoning Board of
Appeals to hold a public hearing for all parties interested in the reapplication of BLUE WATERS
VERO, LLC, seeking Special Permits from Sec 3.3.3 Noncvjrm ingStnu wvs and 3.3.5 Nmv?forrrirg
Single and Tido Family Residential Stntdam and a Variance per Sec. 5.10 Stmt Parking Raquin rrerrts
of the Salem Zoning Ordinance to allow the conversion of a single-family dwelling unit to a two-
family dwelling unit and associated parking at the property of 11 HERBERT STREET (Map 35
Lot 320)(R2 Zoning District). In particular, the Planning Board will consider whether the
reapplication request has a specific and material change in the conditions upon with the previous
unfavorable action was based.
This item will be heard at the Planning Board meeting on Thursday, February 4, 2016 at 120
Washington Street on the 3'd floor at 7pm.
Ben Anderson, Chair
Planning Board
12O S'th1 c.-, 5ALF.M, MASSACHUSEl'IS 01970 - PH0\ 918,6'_`>'56$$ FAX W&740.0404 t4''�i l4.ti, :o1.i UI4i