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32 BEACH AVENUE - ZBA (2) 3 Bto c-k A-L � J L aid e� �CHAIR&C6_e_ Excellent condition.810. Cali(978)373-1761 LEGAL NOTICE City of Salem. Zoning Board of Appeals 978.619-5685 'Will hold a public hear- ing for all persons inter- ested in the petition sub- mitted by CARTER VINSON requesting a Variance from Section 7- 3 of the Salem Zoning Ordinance, off-street i parking regulations, for 1 the property located at 32 BEACH AVE(R-1). , Said hearing will be held on WEDNESDAY MAY 20, 2009 at 6:30 p.m.3rd floor conference room 120 WASHING- TON STREET, ROOM '313. 1 Robin Stein Chair SN—516,5/13/09 coNOIr9 . V CITY OF SALEM MASSACHUSETTS DEPARTMENT OF PLANNING AND V�MtNEt>° COMMUNITY DEVELOPMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970 TELE:978-619-5685 ♦ FAx:978-740-0404 LYNN GoONIN DuNcAN,AICP DIRECTOR August 17, 2009 Kristen and Carter Vinson 32 Beach Ave. Salem, MA 01970 Dear Mr. and Mrs. Vinson: I received your emailed request to withdraw your petition, which was scheduled for the Board of Appeals meeting on August 19, 2009. I am returning your checks for the Registry of Deeds and clerk fees. The application fee is non-refundable. Yours truly, Danielle McKnight Staff Planner Danielle McKnight From: Kristen %26 Carter Vinson [kcvinson@comcast.net] Sent: Wednesday,August 12, 2009 11:52 AM To: Danielle McKnight Subject: Re: August ZBA meeting Yes, please. Thank you Kristen ----- Original Message ----- 4 4 From: "Danielle McKnight" <dmcknight@Salem.com> To: "Kristen %26 Carter Vinson" <kcvinson@comcast.net> Sent: Wednesday, August 12, 2009 11: 44 :07 AM GMT -05:00 US/Canada Eastern Subject: RE: August ZBA meeting Hi Kristin, You'd like to withdraw the petition completely? Danielle McKnight Staff Planner Department of Planning and Community Development City Hall Annex 120 Washington Street Salem, MA 01970 (978) 619-5685 dmcknight@salem.com -----Original Message----- From: Kristen %26 Carter Vinson [mailto:kcvinson@comcast.net] Sent: Wednesday, August 12, 2009 11: 15 AM To: Danielle McKnight Subject: August ZBA meeting Hi Danielle, would you please remove us from the August ZBA meeting agenda and any future agendas regarding this original request? Thank you, Kristen Vinson ----- Original Message ----- From: "Carter Vinson" <Carter.Vinson@ey.com> To: "Danielle McKnight" <dmcknight@Salem.com> Cc: kcvinson@comcast.net Sent: Tuesday, July 14, 2009 9:49:46 AM GMT -05:00 US/Canada Eastern Subject: RE: agenda for tomorrow's ZBA meeting - 1 Danielle, Thank you very much for the clarification! Best Regards, Carter "Danielle McKnight" <dmcknight@Salem.com> 07/14/2009 09:40 AM To <Carter.Vinson@ey.com> cc Subject RE: agenda for tomorrow's ZBA meeting Hi Carter, I'm sorry, you're correct! You will be on the August agenda. Danielle McKnight Staff Planner Department of Planning and Community Development City Hall Annex 120 Washington Street Salem, MA 01970 (978) 619-5685 dmcknight@salem.com -----Original Message----- From: Carter.Vinson@ey.com [mailto:Carter.Vinson@ey.com] Sent: Tuesday, July 14, 2009 9:28 AM - To: Danielle McKnight Cc: kcvinson@comcast.net Subject: Fw: agenda for tomorrow's ZBA meeting Danielle, I am sorry for the confusion, but when we requested an extension for our hearing in May, we asked for an extension to August, not July. We left this detail open on the extension that we filed and were told that the August date would be filled in for US. If the problem is that the Board is not meeting in August, we are happy to extend to September. However, we were not expecting to be on the agenda for tomorrow and are not prepared and request an extension if that is required. Best Regards, Carter ----- Forwarded by Carter L. Vinson/NewEngland/TAX/EYLLP/US on 07/14/2009 - 09:24 AM ----- Kristen %26 Carter Vinson <kcvinson@comcast.net> 07/14/2009 09:22 AM To Carter Vinson <CARTER.VINSON@EY.COM> cc 2 Subject Fwd: agenda for tomorrow's ZBA meeting We need to do something about this today! ----- Forwarded Message ----- From: "Danielle McKnight" <dmcknight@Salem.com> To: kcvinson@comcast.net Sent: Tuesday, July 14, 2009 8:22:35 AM GMT -05:00 US/Canada Eastern Subject: agenda for tomorrow's ZBA meeting Carter, I am attaching the agenda for tomorrow night?s meeting. Danielle McKnight Staff Planner Department of Planning and Community Development City Hall Annex 120 Washington Street Salem, MA 01970 (978) 619-5685 dmcknight@salem.com Any U.S. tax advice contained in the body of this e-mail was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions. 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Ernst & Young LLP Checked by AVG - www.avg.com Version: 8.5.375 / Virus Database: 270.13. 52/2298 - Release Date: 08/12/09 06:09: 00 Checked by AVG - www.avg.com Version: 8.5.375 / Virus Database: 270.13. 52/2298 - Release Date: 08/12/09 06:09: 00 4 ZONING BOARD OF APPEAL PETITION FORM etieroiT C= OF SALEM,MASSACHUSETTS ZONING BOARD OF APPEAL r 120 WASHINGTON S=T,31D FLOOR '� o ab SALEM,MASSACHUSETTS 01970 `� a T 1 l Amy Lash,Staff Plaoner Thomas St Pierre,Building Inspector' Gy pO. t 978-619-5655/f 978-740-0404 t 978-619-5641/£978-740-9846 N TO THE BOARD OF APPEAL: 77 The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 32. Bcc" A,,i6tjw_, Zoning District— An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to built( the dimensions, the zone property is in, and the zoning requirements. Bxtmmyle: I am proposing to construct a 10'x IW 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 77re current depth of my rear yard is 32 feet;the proposed addition would reduce the depth Lof the rear yard to o22 feet. 1 We G�ti' (0r) O F. �0 �!� =l r, nA j4Ip� 00!Klv)g `Cna``cp- ��l nn(? rc / C,n 1 Q car" LZ 7VI+ .ler,�Au lilal., c I Ih,zr2 ( c �� G�1i`/`—tc ��( �1'l�PO�/_��t�na_ 'nL, �—• t r A 0'0 r' 4k, Idr'c,'�'i�`410 P"4 iq - 4n /r ��+a For this reason I am requesting: r (( �( e(')f 7_-j(e-�� k)o g specifically( )Variant s from rovisions of Section�� e onto Ord)inancehs ecificatl from f Qy,I �(`Z�� 1 r1�� }�"� W�•t1M �4/fit'^^.t2 op! e>o+$'hal 6e i.e. minimum depth ofrearv—vrd/.T What is allowed is (ft9 sq ft?stories? %?), and what I am proposing is L / (ft?sq ft?stories?%?). ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Is: Are the lot dimensions included on the plan? (example: Two Family Home) i'A4 Yes O No ri/a because The Undersigned hereby petitions the Board of Appeal 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. ZONING BOARD OF APPEAL PETITION FORM The following written statement has been submitted with this application: _ Q�For all Variance requests a written Statement of Hardship demonstrating the following must be attached: f l 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 Art.V, §5-3. 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. 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. / 1 / If different than petitioner: Petitioner. CA�L E(z L, V-�' N�Ofj Property Owner: �� / �`r oh W2_ Address: � t.' `r^rU� , f� Address: Teleph �� u � 1�' S�� ° Telephone: Signature Signature(Attached consent letter is also acceptable) V Date Date If different than petitioner: A TRUE Representative: ATTEST Address: Telephone: Signature Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK This original application must be filed with the City Clerk April 22, 2009 Statement of Hardship for petition requesting variance from Section 7-3(e)(4)(c)of the Salem Zoning Ordinance(20 foot maximum width of entrance and exit for driveway)for 32 Beach Avenue. My wife and I are the owner of the single family residence located at 32 Beach Avenue in Salem. This is a densely populated neighborhood and a majority of the houses in our immediate area do not have off-street parking. Many of our abutters are required to use the town parking lot on Beach Avenue adjacent to the Beach Avenue playground. This parking lot does not have adequate capacity and most abutters also park at least one car on the street in front of their homes. This creates a significant inconvenience during winter snow emergencies (when on-street parking is prohibited) and during the summer months when the population is increased by seasonal residents and visitors. A number of the houses in the immediate neighborhood have over the years constructed pull off parking spaces in their front yards on Bayview Avenue and on Beach Avenue. Our proposal is to create a pull off parking space for one automobile on the side of the house adjoining High Avenue. The entire length of the pull off would be 27 feet measured at the street and the depth would be approximately 10 feet at the deepest section. However,the front and back of the pull off would taper away from the street at a 45%angle to permit pull in access without the need for parallel parking. We would construct a stone retaining wall capped with bluestone with a maximum height of 3 feet along the interior side of the pull off space. High Street is a side street located off of Bayview Avenue that is primarily used for drop off access for the six houses on the street and for emergency access vehicles. The pull off space would be used by my wife to park her SW that she uses to transport our young children and will avoid the need for our children to walk in the street from the public lot to our house, as well as avoid the need to park at the Willows Amusement Park parking lot during snow emergencies. The proposed pull off space would provide desirable relief to the neighborhood by removing one car from the demand for parking in the public lot and on the adjoining street. Moreover,the approval of the requested variance would not create a substantial detriment to the public good since the improvement(i) is consistent with improvements made to other properties in the neighborhood and(ii) is being constructed on a little used side street to avoid interfering with neighborhood traffic. Finally, literal enforcement of the Ordinance would involve substantial hardship on the petitioner since it would require us to continue to rely on unassigned parking lot availability and on street parking to access our property. Sincerely, Carter L. Vinson,Petitioner and Property Owner of 32 Beach Avenue Tom Williamson's Landscape Masonry 978.317.5827 tom@twmasonry.com Patios-Walkways-Driveways-Retaining Walls Nightscaping-Granite Steps TWMASONRY.COM Carter and Kristen Vinson April 3, 2009 32 Beach Avenue Salem. MA 01970 978.745.3218 978.869.6256 WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATE FOR: 1) Construct aarkin space alone the side street P g P Excavate the area to a depth of 12" below the street and dispose of the material Place and compact 9" of stone pack Construct a stone retaining wall with a total length of approximately 40'. The wall is to be capped with 14"wide by 2"thick Bluestone Tread Stock. The maximum height of the wall is to be approximately Y. The wall is to be backfilled with 1/4"crushed stone. Install 1" to 2" of bedding sand in the driveway area Install a cobblestone edging along the street Install approximately 220 square feet of Ideal Yankee Cobble pavers in the parking area Install Techni-Seal Polymeric Sand in the paverjoints to minimize erosion and weed growth Install the missing piece of curbing on Beach Avenue Repair the Bluestone Steps between the street and the front walkway City of Salem, MA 3/30/2009 Interactive Map �v is v' r. f 1�r 5 Y X •tt�x �\ r R N .`f a _ z.,V 0 28 n } feet Properly ID U01080 ALTA, n, ^S Location 32 BEACH AVENUE J MAP FOR REFERENCE ONLYQ NL vo/ i IJ C, U� NOT A LEGAL DOCUMENT J Be:use of different u,=e schedules.current property \ assessments may not reflect recent changes to properly houn0ariss.Checkwith the Board df Assessoa to wnGrm bo ^ I undaries used at lime of assessment. . �IS7• V< II I1 t.�/I. 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P s, tr���'����Y,'Tx R�'��' r��- s +��` 1� �TcK� � � /�✓�'+ �'_ ; � .�'' 'a�"s`�>!Y 4"AIr „-` 4j e2 '�Y' ,�" � - -�5'�% •-t�6 IV- 47 h rv� r \, 4,gOw q Y _ �(s "It F ¢ .a.5 v :x i r'mi 4""'",G .: 4 •� �; {t� � ooh .�5 o-• J t -y�e�'x� f�^'4� '���Y9 sr � +J`..--�- i + t I � e yak ' Lke. .^� j 1V4 }Y:i "�$•lf h °A m l� r ,r FA ' 2 qfe �L.- 4e ..fir i � r`x'",. �r •` � � .-a tu, tir• 44i:3 CITY OF SALEM, MASSACHUSETTS c BOARD OF APPEAL 120 WASHINGTON STREET. 3RD FLOG= SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR October 2, 2007 Decision City of Salem Zoning Board of Appeals Petition of Carter Vinson requesting a Variance from number of stories -- --- (2'/2) to-allow a third floor expansion for-the property located at-32 ----- -- Beach Ave (11-1): A public hearing on the above petition was opened on September 19, 2007 pursuant to Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board members present: Robin Stein, Annie Harris, Rebecca Curran,Richard Dionne, and Bonnie Belair. Petitioner seeks variances pursuant to Section 9-5 of the Salem Zoning Ordinance to allow a third floor expansion for the property located a 32 Beach Ave. 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 of fact: 1. Carter Vinson, petitioner, presented the petition for the property he owns at 32 Beach Ave in the R-1 Zoning District. 2. Petitioner proposes to remove the three existing second story dormers on the front of the home and replace them with a combination of gable dormers, and a shed dormer as show on the plans entitled "Vinson Residence, 32 Beach Ave, A Proposed Addition", dated August 10, 2007, sheets A.1- A.3. The addition consists of two-story(2nd and 3rd story) gable dormers (front - approximately 12' 8" wide, 12' high and extending 16' from the center of the roofline) and a third floor shed dormer (front and rear- approximately 28' wide, 9' high and extending 14' from the center of the roofline). 3. In support of the petition was Robert McCarthy of 153 Bay View Ave, who spoke at the hearing. 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 as follows: 1. The petitioner may vary the terms of the Residential Single Family Zoning District to enable thero osed development,p p which development is consistent with the intent and purpose of the City of Salem Zoning Ordinance. J 2. 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(Stein, Harris, Belair, Dionne, and Curran) none (0) opposed, to grant petitioner's request for a variance, subject to the following terms, conditions, and safeeuards: 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-.- I 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. 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 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. ZZ, �/A o m Stein, Chair 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 be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be Sled 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. 4yc, ve-O-� ONDIT�,40 CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL n 120 WASHINGTON STREET, 3RD FLOOR � SALEM, MASSACHUSETTS 01970 !' k t , TELEPHONE: 978-745-9595 '"•"'`` �CryDo� FAX: 978-740-9846 MAY 1 9 2009 KIMBERLEY DRISCOLL MAYOR NFT. 1f P-i�MviC3 C4�,Aicl1i11 EY l;'tVcLGI't.F�FIT We the undersigned do hereby waive all rights with regard to time requirements for the Zoning Board of Appeal relative to hearing the following application: Property Location -0- Original Original Meeting Date '5-1 2-0 j oci New Meeting Date Signature of Petitioner and/or his/her re nt ive C�1 � L. Vrkr,, r vi a L Q w N -1 J d L.] O � H U ........... b CITY OF SALEM ZONING BOARD OF APPEALS 978-619-5685 WILL City of Salem Zoning Board of Appeals 978-619-5685 Will hold a public hearing for all persons interested in the petition submitted by CARTER VINSON requesting a Variance from Section 73 of the Salem Zoning Ordinance, off-street parking regulations, for the property located at 32 BEACH AVE (R-1). Said hearing will be held on WEDNESDAY MAY 20, 2009 at 6:30 p.m. 3rd Floor conference room 120 WASHINGTON STREET, ROOM 313. Robin Stein Chair SN 5/6, 5/13/09 Appeared in: The Salem News on 05/06/2009 and"05/13/20091 ry�..,rdefml��UticNutices.com