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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
7014MAR I
120 WASHINGTON STREET ♦ SALEM,NLXSSACFiusErrs 01970
MNIBERLEYDIuscoLL TELE:978-745-9595 ♦ FAx:978-740-9&16 CITY CLERK.ALEM.
Nf,XYGR - MASS,
March 10, 2014
Decision
City of Salem Board of Appeals
Petition of ROBERT AND CHRISTINE KING requesting a Special Permit under Section 3.3.3
Nonconfomaing Structures of the Salem Zoning Ordinance to allow the renovation and expansion of
an existing nonconforming structure, and two Variances from the provisions of Section 4.1.1 Table of
Dimensional Requirements, specifically from the 2.5 story maximum allowed height of buildings to
allow the building to be 3 stories in height, and from the minimum width of side yard to allow the
construction of stairs from the ground elevation up to the deck, at the property located at 84-86 BAY
VIEW AVENUE (RI Zoning District).
A public hearing on the above Petition was opened on February 19, 2014 pursuant to M.G.L Ch. 40A, § 11.
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 Special Permit from Section 3.3.3 Nonconforming Structnrrs of the Salem Zoning
Ordinance, as well as two Variances under Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning
Ordinance.
Statements of fact:
1. In the petition date-stamped January 28, 2014, the Petitioner requested: a Variance to allow the
addition of two dormers to provide walk-up access to the attic, when the addition of the dormers
creates a third story and only 2.5 stories are permitted in an Rl district; and a Special Permit in order
to renovate and expand an existing nonconforming structure.
2. Mr. Tom St. Pierre, Zoning Enforcement Officer, found that the proposal also required a second
Variance to allow the construction of an exterior stairway from the proposed rear deck to the ground
level. These proposed stairs encroach on the required 10-foot minimum width of side yard.
3. Mr. Robert King presented the petition for the property at 8486 Bay View Avenue.
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4. The existing structure is approximately 27 feet in height. The proposed structure will be 32 feet in
height. The proposed dormers would be 31 feet in height. In an RI zoning district, 2.5 stories is the
maximum allowed height of buildings in stories, and 35 feet is the maximum allowed height of
buildings in feet.
5. The petition proposes to remove three features of the existing structure that encroach on the
minimum required depth of side yard, and to construct one stairway at minimum width and with a
lesser encroachment on the required depth of side yard than the existing features.
6. Mr. King submitted plans that show the proposed rear deck to be 8 feet deep by 21 feet wide. At the
public hearing, Mr. King requests to amend the proposed deck to be 6 feet deep by 21 feet wide, to
accommodate the request of one of the direct abutters.
7. The property is currently a two-family residence and will remain a two-family residence.
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City of Salem Board of Appeals
March 10,2014
Project: 84-86 Bay View Avenue
Page 2 of 3
8. The requested relief, if granted, would allow the Petitioner to renovate and expand the existing non-
confomzing structure, would allow the addition of two dormers to create a third floor, and would
allow the construction of exterior stairs from ground level up to the rear deck, within the required
minimum width of side yard.
9. At the public hearing, one abutter expressed their non-opposition to the petition if the proposed rear
deck is limited to a maximum depth of six feet, one abutter expressed concerns regarding the petition.
Two written comments in support of the petition were received.
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:
Findings — Special Permit to allow the renovation and expansion of an existing nonconforming
structure:
1. The impact of the proposal on the community's needs is no different than the existing use, as the
property will remain a two-family residence.
2. There will be no impact on parking or loading in the area, as the property will remain a two-family
residence.
3. The adequacy of utilities and public services to the building will remain the same as existing.
4. It will be an improvement to the neighborhood character.
5. The value of the home would increase, resulting in an increased tax base. This would have a positive
economic and fiscal impact.
Findings — Variance from the required minimum width of side yard to allow the construction of
stairs from the ground elevation up to the deck:
1. The proposed stair from the deck is at the minimum allowed width. Due to the narrowness of the lot,
any potential location for the stairway would be within a required side yard setback.
2. Literal enforcement of the provisions of the Ordinance would be a substantial hardship.
3. The proposed stairway is smaller than the existing stairway, so 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.
Findings—Variance from the 2.5 story maximum allowed height of buildings to allow the building to
be 3 stories in height:
1. Due to the narrowness of the lot, the size of the house, and the configuration of the lot and the
house, the applicant cannot create a staircase to the attic space without dormers. The dormers trigger
a technical thud story. Although it's technically a third story, the height of the proposed structure is
within the allowed maximum 35 foot height of buildings in feet.
2. Literal enforcement of the provisions of the Ordinance would be a substantial hardship.
3. The proposed dormers are located toward the front of the house, such that the greatest impact of the
dormers would be on the neighbor across the street. The petition has the support of the neighbor
across the street. The desired relief may be granted without substantial detriment to the public good.
City of Salem Board of Appeals
March 10,2014
Project: 84-86 Bay View Avenue
Page 3 of 3
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 four (4) in
favor (Mr. Watkins, Ms. Curran, Mr. Dionne, and Mr. Duffy in favor) and one (1) opposed (Ms. Harris), to
grant the requested Special Permit to allow the renovation and expansion of an existing nonconforming
structure, the Variance to allow the building to be three (3) stories in height, and the Variance to allow the
construction of stairs to the deck within the minimum width of sideyard, 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 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. The submitted plans show an eight (8) foot deep rear deck. The rear deck shall be a maximum of six
(6) feet deep.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appea!from this decision,if any,shall be made purruant to Section 17 of the Afarsaehaseas General Laws Chapter 40A,and shall be frkd 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 herrn shall not take effect until a copy of the decision bearing the certificate of the City Clerk bas been fled with the Essex South
Registry of Deeds. -
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Public Hearig tonight 2/19/14 4:55 PM
Reply Reply All Forward
Public Hearig tonight
Adair, Deborah A. [DADAIR@PARTNERS.ORG]
To: Robert King
Cc: 'christine.king@comcast.com'
Wednesday,February 19,2014 3:38 PM
Dear Bob and Christine,
I just called the Salem Zoning Board of Appeals to voice my support of your renovation and expansion plans, which
you showed me a few weeks ago.
I had to leave a voice mail with a "Dana" letting her know that I am your neighbor across the street (87 Bay View
Ave) and I am in full support of your plans.
As I mentioned to both of you, your plans for your new home look wonderful and will only serve to further bring
beauty and value to our neighborhood.
I am so sorry I cannot make the meeting tonight. I left work earlier with a very bad cold/flu.
Please feel free to pass this email/letter on tonight, if necessary.
Best wishes and THANK YOU
Debbie
Deborah A. Adair, MPH, MS, RHIA
Director Health Information Services/Privacy Officer
Massachusetts General Hospital
Phone: 617-724-0208
Fax: 617-643-4041
dadair@partners.org
The information in this e-mail is intended only for the person to whom it is
addressed. If you believe this e-mail was sent to you in error and the e-mail
contains patient information, please contact the Partners Compliance HelpLine at
http://www.partners.org/complianceline . If the e-mail was sent to you in error
but does not contain patient information, please contact the sender and properly .
dispose of the e-mail.
https://rnail.salemstate.edu/owa/?ae=Item&a=Open&t=IPM.Note&id=R...bV3jz68R6WpiM2NxpnsAABiSgEeAAA1&pspid=_1392846906070_301550680 Page 1 of 1
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