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43 BAY VIEW AVENUE - ZBA �DNDITq,q CITY OF SALEM9 MASSACHUSETTS d BOARD OF APPEAL n 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 stn N• "� TELEPHONE: 978-745-9595 FAX: 978-740-9846 'n - KIMBERLEY DRISCOLL IOII FEB I .A - .i.,b MAYOR FIL CITY CLERK, ALEM,MASS: February 1, 2012 Decision City of Salem Zoning Board of Appeals Petition of JAMES & KATHERINE KLEIN requesting a Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance to expand a nonconforming single-family home on the property located at 43 BAY VIEW AVE (R-1 Zoning District). A public hearing on the above Petition was opened on January 18, 2012 pursuant to Mass General Law Ch. 40A, § 11. The hearing was closed on January 18, 2012 with the following Zoning Board of Appeals members present: Annie Harris (acting as chair), Richard Dionne, Jamie Metsch, Jimmy Tsitsinos and Bonnie Belair. Petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning Ordinances. Statements of fact: 1. Attorney Scott Grover represented the petitioner at the hearing. 2. In a petition date-stamped November 28, 2011, petitioner requested a Special Permit to allow expansion of the existing, nonconforming single-family house on the property located at 43 Bay View Avenue. 3. At the hearing, numerous residents spoke in support of the project. No one spoke in opposition. 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: 1. Desirable relief may be granted, since the project would not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. di CIA 1- 831 IM 3J►3 o2AM.M3JAc .kA3J3 Y TI3 2 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. A Special Permit under Section 3.3.5 is granted to construct the addition to the property as shown on the submitted plans. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Harris, Metsch, Dionne, Belair and Tsitsinos) and none (0) opposed, to grant petitioner's request for a Variance and Special Permit subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply,with all city and state statutes, ordinances, codes and regulations. I 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 Occupancy 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 does 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 or 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. 3t�„Zk1pI� p �Fy4Lee� /I•Aron 'h1 J� Annie Harris, Salem 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 be 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 has been filed with the Essex South Registry of Deeds. n x Y I r Page 1 of 1 Danielle McKnight From: Kathie Gauthier[kathie.gauthier@sec.state.ma.us] Sent: Wednesday, January 18, 2012 10:53 AM To: Danielle McKnight Subject: Tonight's Meeting - Good Evening Board Members, Since I am unable to attend this evenings meeting due to a prior commitment, I would like to take this opportunity to speak favorably on two if the agenda items for this evening. First, the request for a special permit for the property located at 43 Bayview Ave owned by James and Katherine Klein. Jim & Sisty Klein previously resided in the Willows for several years. They were wonderful, considerate & caring neighbors as I am sure they will be once again. They have purchased 43 Bayview in an attempt to return to the neighborhood. As a nearby neighbor, I look forward to their return and excited to see the renovations & rehabilitation of their new home. The home as currently presented is old and in need of much work. Any work done to this property will improve not only the living conditions for Jim & Sisty and their family but also the esthetics and value of our neighborhood. I support the Klein's efforts to renovate this lovely home and hope you will approve their request for a special permit to do so. Secondly, the request for a Special Permit and Variance for the building at 3 Hawthorne Blvd. by Teri Kalgren. As a former retailer in downtown Salem, I have known Teri Kalgren, both as a Salem business woman and as a personal friend, for well over 20 years. Prior to becoming a business owner, Teri was involved as a volunteer for the Salem Chamber of Commerce. Over the years she has lived, worked, raised her children become a property owner and created a business here in Salem. She is a devoted member of the community and should be granted bath the Special Permit and Variance requested for her new business location. Throughout the years, she has supported many of Salem's organizations and is an upstanding business woman. For her, the opportunity to open her business in this location will be an asset to the city and assist her in becoming more successful in her endeavors. Her business being added to the businesses already located in this area will create an interesting retail pocket that can only add to the uniqueness of Salem's downtown. Quality additions to our downtown retail environment are always welcome and certainly necessary if we are to keep Salem a vibrant economic center. I support Teri's request for a Special Permit and Variance and hope you will approve her request for such. Submitted Respectfully, Kathie Driscoll-Gauthier 52 Bayview Ave Salem, Ma. 01970 978-979-5111 ( Former owner of A Touch Of The Past, Inc. 83 Washington Street Salem, Ma. 01970) 1/18/2012 L 21' 22' A (3) 2x10'6 HDR ELEC. 10 I I 2424 L L 2424 2 METER BILCO "C" -- -- - DOOR (3) 2x8'6 HDR TILE B SURR UND TE M660ED NOTE: ADJUST WINDOW t DOOR iq W 5x16 STEEL HDR 1EIT04 W/ PACK-OUT W/ 2x6 ROUGH OPENINGS TO ALIGN3'-10�" WITH THE FRIEZE cm(3) 2x8'a TOP t BOTTOM HDR PLATES, BOLTEDT. m' O (TYPICAL (3) PLANTER I m 0 N CABANA DOORS) EL. 14 i a ® EL. PATIO.15 TILE ? m w 0 p 1 . ... . .. ..... SHWR ° AI STER5ATH PLANTER ?' Q © CONTROL JOINT K (3) 2x10'e K p ELEC RAD. Ht. O B 11 N I HDR GARAGE SEAT , V-113ka" CLG. B a v v 10 08 MESH REINFORCED 4" CONCRETE 10 - - --- ti`D6 6070 21 H SLAB W/ EPDXY FINISH) N Z,'bl __-r r__--_1 r_____ d 11J Nb" F.C. TYPE "x" o I �' W NDOW SCHEDULEIHS CL 2 ION i irSHEETROCK TO ° x1411 ;/ , �., WALLS t CLG. MARVIN ULTIMATE SERIES, SOL UJ/ SPACER BARSs (2) 2 / ; WROUGHT IRON "sCOLOR: 7,GLAZING: LOW-EII-ARGON, SCREENS: YES, SILLS: 11/4" HISTORIC RAILING PITCH % / FOOT TOWARDS DOORS I ci°q LOC. SIZE / UNIT + ROUGH OFW.X. COMMENTS i y ' a,' ^ j WINDOW WELL W/ A 2813 2'-814" x 1'-33/4" ANDERSEN BASEMENT CAB ?0 Q� CRUSHED STONE t (2) O \ CONTROL JOINT B CAU.N 2820 2'-9" x I'-leis" ti DRAINS CONNECTED ELEC , ' S „ , ) (3) 2x10'e HDR 3 „ m 1/ i , TO PERIMTER DRAIN G CUDH 2826 2'-101/a" x 5 -016 HER CIL. tp RAD. HT. Ig" I /(�� � `' ,,�' \� 10" UP 4" s D CUDH 2820 2'-10 x 4'-016" � ,` LANDSCAPE WALL I DN ix I 0 " e " � \ ON � = E CCM 2860-2W 4'-9 x 4 -11 i6 TEMPERED 4'-6" m F GUDH 2018 2'-23�" x 3'-816° 5'_4 " 4x4 " a n L , I _j Cs CALLN 3620 3'-I x I'-1 i6 POST i /i \� CABANA ,'i' ��1 PLANTER o I =Y H N/A ONi 1 . ' CAtH. CLG. / ' 24 HIGH LIN. s CAB .\ //.%' .:' ,i CK PLANTER J CCM 2844-2W 4'-9" x V-Seca" CUSTOM ARCH TOP W/ _3 6 \ / \\�� N 0 /4 xOVER PPT�SLEEPERS SITE INC 8' I ^ K GRT 5613 4'-9" x sl'-4" ---- 6" 6FRINGLINE — — — — — — — — — — MULLED UNIT r o 4 -2 �SPEETROCK \� kx1 4x10 DR D (FLOATING FLOOR SLOPED CLG. CONTROL JOINT L GUDH 2424 2.-63411 x 4'-S%" , u 9 OPENING i RAFTERS . -- - - ' M CFELP 2436 2'-1" x V-I" ^---------- --------------------J 10 (3) RADIUSCUT (3) 134"x51/7., __—_�—__---�-- I m 4x4 POST'a ON. � 1 m 2x6 a HDR LVI..a HDR N 3i2 x1116 FL. PSL BEAM N CUDH 2824 2'-10� x 4'-8'16" N ON 2644-2W W/ EGRESS W/ CUSTOM GRILL I - - - - - h1 9 -10 5 C 0 N r O CCM 3351 (2-L t 1-R) 2'-1036" x 4'-816" O CUST ARCH J K - ?s m I (3) 2x8'6 (3) 2x10'6 HDR MATCH SIZE OF 2824DH \ 3 pN 6 I HDR CUDH 2020 RT 2'-23/a" x 4'—016" ------ ------------PKT. DR.� - - n s 9 �o Q _ 1 Q C01 1100 21" x 2616" YELUX / \ e 6 2868 FAN - ----- DN 4" 6070 = Q °s 1 J L____ ,� S "` � � R M06 1306) 301ie" x 4516" VELUX ------- ---- Q r-- - --- �- I / 3�"d - 1 "� „ 3�i x1116 FL. J_uS God (104) 21 x 3116 vELUX 2 -2 10 DW \ / --- -- 3 -b 3 -3 I/2 PSL BEAM m O y — — DRAIN - iq NOTES: 10 I ,aM STER 16 _8„ I O I 1 O BATH-4 1. REFER TO FLOOR PLANS t ELEV. FOR CASEMENT WINDOW OPERATION 0 C I I Col I I COI I 2 F O ELEVATIONS O GRILLE I BED RMI- 10 I "�'TI -1 KITCHEN x L-__J L-_-J 0 sT-II" CLG.' ®® U � SLOPED r ON I SOFFIT DYER r U CLG. m -----LROD t 5 ----- R FOR PATTERNS r ELF OELEC 0 1 ISLAND _ w d'-3 " `� CLOSET-. DOOR SCHEDULE RAD. Hr. r- ---------ll-- a BREAIGI=A�J'T RM. — r.. J ' S'-9" +a'-6" cLG. 1 LOC. UNIT * / SIZE ROUGH OPNG- MANUFACTURER 0 B o \ COFFERED /. 0� d N I k X N UP FL?PSL BM. I 3'-8" ;n I OWNERS N/A �s8'-2211 CLG. +�Q� X X i 3„x3"x14„ TUBE L - i PR.26 6 6 a 1,41/2"� i��Q _ � I 1 � � I C 2 GSFD6010 OX 6'-1 ia' x 1 -2�7 MARVIN D n q 0 r I STEEL POST ON V Il MUD I 0 J 0 q 2 REF i t TO EDN.— Il n d i0 4 N II 3 CSFD6010 OX 6'-164" x 1'-2117" MARVIN I,b ye6 Q sss I 15'-1 " 14 _4" iN U �O N v o W 4 FG65 / 3068 3'_21,x„ x 6 _101,7„ THERMA-TRU (S.C.) I -- --------- _ „ I„ I °s 3 t CIFD3068 3'_21/2„ x 6 _I01,2" MARVIN __-- - - 4'-9 3 -b O N I�- 2PKT. DR. LIN J i i i I : 2668 J I 6 TS (TBD)/2868 2'-91� x 6'-9117 11 TR19iILE - FIRE(60 MIND V 317"X91�j" . I _--- - ------ I I I EQ r PWDR. m Q>> a 8 FC65 /3068 V-21/2"a x 6'-10�� THERMA-TRU FLUSH PSL BM. _ 0 3"x3"xlia" TUBE - J 3117"x91 " PSL & p O s 11 " L) 7 GSFDi2010 OXkO 6 1 i x �'-2� MARVIN m I ro STEEL POST ON W 8x31 (26'-8") LINTEL SET TIGHT 0 - , ------ 1 ry HALL O TO FON. /� FLUSH STEEL BM. (1 TO FLOOR JOIST ��06 q `^ 9 CSFD6010 XO 15'-1e " x 1'-2/ " MARVIN iv � I I N ^ 1 w Q N m 9016 9 -0 x I'-i&" OVERHEAD DOOR GO. -- ----------- $- e X i 11 --- NOTES: Es ,LeTO rylb F 1'-41 11 ON ' 1. DOOR '"6: SELF-CLOSING HINGE DRAIN - 617 2 0 BATH-2 - ------------ ---------------- ' --------------------- ma ------------------ 13 211 Irm--------------------- �0 10 / I N m� DRAIN - -------------- ----------------- O I :v x X X / ?s BATH-3 LIGN 15"e x 30" HIGH / ss K 1'-II" 3'_5' PEDASTAL ^ "TURNCRAFT" I0"6 li x / LAUNDRY PANTRY ENTASIS TAPERED II N ="+ ---------------� n 11 F.G. COLUMNS W/ li II F 0 r--------------X1 ® SQUARE TUSCAN 10 STUDIO I W POLY CAP t BASE —� BRICK CATH. CLG. VENEER i STUDS X k X l STUDIO NOTE: i r__ _J ON UP k w 1 ------- 4x6 OAK BEAMS W/ r------� D EDGE H e w GENERAL NOTES: 2x8 OAK PERIMETER I I 1 I I I -------------------------------------- III ,q � BD. (INSTALLED PRIOR ------- PORCH 10 I O C) tl I N I. THESE CONSTRUCTION DOCUMENTS ARE BASED UPON THE 2008 --------------------------------------- TO SHEETROCK) 10x1 TRIM BM'a %"x6" MAHOGANY mill �, ` a: I.R.C. BUILDING CODE (SEVENTH EDITION) AS ADMINISTERED BY / __-- L(3) 2x8'6 ; �J UP l CL em 1x6 TeG AZEK y it THE TOWN OF SALEM, MA. BEADBOARD CLG. Ili 2a20 LIVING ROOM 2. ALL DIMENSIONS ARE FRAMING DIMENSIONS, CONTRACTOR D ______ SHALL VERIFY ALL DIMENSIONS PRIOR TO EXCAVATION. ------- I II 3.DO NOT SCALE DRAWING, WRITTEN DIMENSIONS TAKE © x Q PRECEDENCE OVER SCALED DIMENSIONS. XX ___ ____ ____________� e. II X ________________________________ ___, CUSTOM 36" HIGH REDWOOD w 4.CONTRACTOR SHALL PROVIDE ADEQUATE BLOCKING AT ALL I DN RAILINGS (PAINTED) SEE I WINDOW AND DOOR HEADS FOR CURTAINS. BLOCKING FOR ALL ------------------------------ -' 61,7, ELEVATIONS FOR DETAILS ill N DINING ROOM UP �� -- i UPPER CABINETS LOCATED AT KITCHEN, LAUNDRY ROOM, e © �� 2x3'6 a Ib" O.C. W/ �'P ________ -(3) 2x86 LINTEL BATH ROOMS. R-21 FOAM URETHANE - -—_-------- - ---------_---- 5-50UND INSULATE BATHROOMS AND LAUNDRY ROOM FROM INSULATION ING ON 1" ADJACENT ROOMS W/ BATTEN INSUL. FOYER ALL REMAINING EG EQ LINTEL EXTERIOR WALLS) 15' v 6.BITUTIHANE ALL VALLEYS, ROOF EAVES 3 FEET UP, d ROOFS W/ © © © © PITCHES LESS THAN 4/12. (BC.) FIRST FLOOR PLAN (3) 2xB's LINTEL ,, PORCH l I/ II _ 1_ 11 FPojfGT.• I I 1 1 4 - I 0 2,812 S.F. o STONE FLOOR BRICK EXTERIOR J/ S TO MATCH EXISTING �.i In residence m I Ix6 COMPOSITE TEG NEW HEATED = l,�o�f 1 SF. Y 10 Irl BEAD BD. CLG. WROUGHT EXISTING HEATED = 1,111 S.F. Saem 1" A IRON RAIL GARAGE _ ��3 S.F. Copyright 2011 Phone: 603-S&4-5180 DATE: