Loading...
379 LAFAYETTE STREET - BUILDING INSPECTION UPC 10330 No. 153L HASTINGS, MN �;:co>rwrk. ~ Q ; CITY OF SALEM, MASSACHUSETTS �% BOARD OF APPEAL 1814 N4 10 P 241 pM1N8' 120 WASHINGTON STREET ♦SALEM,NG1SSACtIUSKI-M 01970 KiNIBERLEYDRISC011 TELE:978-745-9595 0 F,%-X:978-740-9846 FILE n MwOR CITY CLERK. SALEM, MASS. March 10, 2014 Decision City of Salem Board of Appeals Petition of JEFFREY PERAS requesting a Variance pursuant to the provisions of Section 3.3.4 Nonconforming Uses and Structures — Variance Required, to grant relief from the requirements of Section 4.1.1 Table ofDimensional Requirements, to allow remodeling of a kitchen and construction of a deck at the property located at 379 LAFAYETTE STREET (Rl &ECOD Zoning District). A public hearing on the above Petition was opened on February 19, 2014 pursuant to M.G.L Ch. 40A, The hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Dionne, Mr. Duffy, Ms. Harris, Mr. Watkins, Mr. Copelas (Alternate), and Mr. Tsitsinos (Alternate). The Petitioner seeks a Variance from Section 4.1.1 Table of Dimemioual Requirements of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped January 29, 2014, the Petitioner requested a Variance to allow the remodeling of a kitchen. The kitchen remodel requires a Variance as the proposed kitchen encroaches on the 10-foot minimum required width of side yard. 2. After submission of the application Mr. Thomas St. Pierre, Zoning Enforcement Officer, determined that the proposed deck would also require a Variance, as it exceeded the allowed 30% maximum lot coverage by all buildings. The proposed structure, inclusive of the proposed deck, would result in 31% lot coverage by all buildings. 3. Mr.Jeff Peras presented the petition for the property at 379 Lafayette Street. 4. The existing mudroom, which would be demolished for the construction of the new kitchen area, lies approximately 4.5 feet from the side lot line at the narrowest point. The proposed remodeled kitchen would he approximately 5.5 feet from the side lot line at the narrowest point. 5. The requested relief,if granted, would allow the Petitioner to remodel the kitchen such that it extends to within 5.5 feet of the side lot line, and to construct a rear deck that would result in a 31% total lot coverage by all buildings. 6. At the public hearing, no members of the public spoke in support of or opposition to the petition. Written comments from six abutters were submitted 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 petitions, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: City of Salem Board of Appeals March 10,2014 Project: 379 Lafayette Street Page 2 of 2 Findings — Variance from the required minimum width of side yard to allow remodeling of the kitchen: and from the 30% maximum lot coverage by all buildings to allow the construction of a deck: 1. The angled shape of the lot and the location of the building on the lot create a hardship. The rear lot line is square to Naples Road and Lafayette Street, but the southern lot line is at an irregular angle. The existing structure is located toward the southern side of the lot such that it encroaches on the required minimum 10-foot width of side yard. 2. Literal enforcement of the provisions of the Ordinance would be a substantial hardship. The proposed deck configuration exceeds the maximum allowed lot coverage by all buildings requirement by only 1%. 3. The renovation results in a greater setback from the side lot line than the existing configuration of the structure thus making it less nonconforming that the existing house. . The desired relief may be granted without substantial detriment to the public good. 4. The desired relief may be granted without nullifying or substantially derogating from the intent 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 five (5) in favor (Mr. Watkins, Ms. Curran, Mr. Dionne, Ms. Harris, and Mr. Duffy in favor) and none (0) opposed, to grant the requested Variances to allow the remodeling of the kitchen and construction of a rear deck, subject to the following terms, conditions, and safeguards: 1. The 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 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 Rebecca Curran,Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appra!from thir die rion,if any, Thal/be Made pursuant to Section 17 of the Maaachureas General Law Chapter 40.4, and shall be filed rvilhin 10 dayr of fUng of thin dednon in the office of the Gly Clerk. Parruant to the marrarhuretu General L awr Chapter 40A, Section 11, the Variance or Special Permit granted herein ihall not take effect until a ropy of the decision bearing the red ifiirate of the City Clerk has been filed with the Ecccv South Registry of Deedr. CITY OF SALEM, MASSACHUSETTS 'i BUILDING DEPARTMENT ' Nk m.srf a 120 WASHINGTON STREET,3"FLOOR m TEL. (978) 745-9595 FAx(978) 740-9846 ICIVIBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER May 20, 2009 Jeffrey Peras 379 Lafayette Street Salem Ma.01970 Mr. Peras This office received and investigated a complaint regarding a lit sign that was recently erected on your property. The sign is advertising your Financial business. Your property is located in a Residential Single Family Zone. Businesses are not allowed. The only exception to this is a Special Permit issued by the Zoning Board of Appeals for Professional office. No Special Permit is on record. Also you have no design approvals, building permits or electrical permit for the sign. You are directed to remove the sign within ten days of receipt of this notice The Zoning Violation is section 5-2 ,allowed uses, of the Salem Zoning Ordinance. You are directed to cease the business operation immediately. If you wish to appeal my zoning interpretation or to Apply for a Special Permit, your Appeal is to the Salem Zoning Board of Appeals. If you wish to Appeal the Building code matter, you Appeal is to the Board of Buildings,Regulations and Standards in Boston. If you have any questions,contact me directly.Failure to comply with this order will result in Municipal code tickets and a possible Complaint being filed in Salem District Court. Th s St.Plerr Building Commissioner/Director of Inspectional Services Cc:file,Jason Silva,Councillor O,Keefe SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. natpre p Item 4 if Restricted Delivery is desired. L ❑Agent ■ Print your name and address on the reverse:, Addressee so that we can return the card to you. d BM lvpd.by ted N ) C. Date of livery ■ Attach this card to the back of the mailpiece, AI - or on the front if space permits. 1. Article Addressed to: D. Is delivery dress different from item 17 ❑Yes "I'D If YES,eller delivery address below: ❑No Senlos Type a 13 Certified mail 0 Express l 13 Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Feel ❑Yes 2. Article Number (rmnsfer from service Iabeo PS Form 3811,February 2004 Domestic Return Receipt 102595o2-m;i6g0 UNITED STATES POpS„ lil,-Sfafn ..s a ., iage • Sender: Please print your name, address, and ZIP 4"iiiTis box • N' 3 IIIItIJII d 11111111111JII CITY OF SALEM, MASSACHUSETTS ` BUILDING DEPARTMENT 120 WASHINGTON STREET,30.0 FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIIv1BERLEY DRISCOLL MAYOR THOMAS S1'.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER May 20, 2009 Jeffrey Peras 379 Lafayette Street Salem Ma.01970 Mr. Peras This office received and investigated a complaint regarding a lit sign that was recently erected on your property. The sign is advertising your Financial business. Your property is located in a Residential Single Family Zone. Businesses are not allowed. The only exception to this is a Special Permit issued by the Zoning Board of Appeals for Professional office. No Special Permit is on record. Also you have no design approvals, building permits or electrical permit for the sign. You are directed to remove the sign within ten days of receipt of this notice The Zoning Violation is section 5-2 ,allowed uses, of the Salem Zoning Ordinance. You are directed to cease the business operation immediately. If you wish to appeal my zoning interpretation or to Apply for a Special Permit, your Appeal is to the Salem Zoning Board of Appeals. If you wish to Appeal the Building code matter, you Appeal is to the Board of Buildings,Regulations and Standards in Boston. If you have any questions,contact me directly.Failure to comply with this order will result in Municipal code tickets and a possible Complaint being filed in Salem District Court. Tho St.Pierre Building Commissioner/Director of Inspectional Services Cc:file,Jason Silva,Councillor O,Keefe