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77 BEAVER STREET - ZBA F7eaver Sfir�e L - i ZBA ACTION FORM BOARD[;MEMBERS .;'- MQTIONa SECOND rVOTE . Date: Q/1(,�ezw 4 Rebecca Curran (Chair) Richard Dionne Petitioner: Mike Duffy r Address: Tom Watkins ��imn�3=Tsit,�nes�:h '1�= A'b Total: Conditions: ® Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. I]All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ® All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ©Petitioner shall obtain a building permit prior to beginning any construction. nn� Exterior finishes of the new construction shall be in harmony with the existing structure. 4s�A Certificate of Occupancy is to be obtained. ❑ A Certificate of Inspection is to be obtained. ❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. ©Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to, the Planning Board. ❑ 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. ® J ra.; l.�i t' b l els ✓B, S)-re-,o /��A.10'", ® �;n�o !✓ Art `J�g F- !Y� 5�G�� �Ptf'iYoe.., � � ❑ a s 11 tie add�p o, Sn ti 14V-e © � Rat(1se . ZBA ACTION FORM BOARD MEMBERS a r :MOTION`: SECOND 1VOTE' Rebecca Curran (Chair) Date: �j/(�{. /7ip1 '{ Richard Dionne Petitioner: PimL Mike Duff Address: Tom Watkins .) Pelw Jimmy Tsitsinos (Alt.) Total: Conditions: ❑Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. ❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ❑All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ❑Petitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. ❑A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. ❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. ❑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. ❑ n+t' o,n 4-o Coa f w-9— �0L{ �o xt0Ant n! CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 19 MAY 2 0 A c� 120 WAS]IINGTON SIRI'M SAI-I;,\I,.NL\SSACIIUSI,'I-ISOI MNIBERLEY DRISCOLL TFLE:978-745-9595 0 FAX:978-740-9846 NLAYOR LE CITY CLERF',l SALEM, MASS. May 20, 2014 Decision City of Salem Board of Appeals Petition of DAVID FRANK requesting Variances under Section 3.3.4 Variance Requited of the Salem Zoning Ordinance to allow an extension & structural change to an existing non-conforming structure for the addition of a second floor and front and rear exterior stairways that increase the existing encroachment on the required minimum depths of the front and rear yards, to the existing single-story building, located on the property at 77 BEAVER ST (R2 Zoning District). A public hearing on the above Petition was opened on Match 19, 2014 pursuant to M.G.L Ch. 40A, § 11. The public hearing was continued to April 16, 2014, and was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Dionne, Mr. Duffy, Mr. Watkins, and Mr. Copelas (Alternate). The Petitioner seeks a Variance from Section 3.3.4 Variance RequiTd of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped February 25, 2014, the Petitioner requested a Variance to allow the conversion of the existing garage.building to a single-family residential building, by adding a second floor and two exterior stairways to the existing single-story building. 2. Attorney Scott Grover presented the petition for 77 Beaver Street. 3. The existing structure is non-conforming in that it has less than the required minimum 15-foot depth of front yard and less than the required 30-foot depth of rear yard. The existing building is sited on the lot such that the front yard setback on Beaver Street is five feet, the front yard setback on Safford Street is 13 feet, and the rear yard setback from the north-western lot line is 13 feet. 4. The fust floor of the budding would be utilized as a garage and storage space for the residents. 5. At the March 19, 2014 meeting three abutters expressed their concerns about the petition, and the applicant requested to continue to the April 16, 2014 meeting in order to address the abutters' concerns, specifically in regards to the privacy concerns of the direct abutters and the proximity of the proposed exterior stairways to the adjacent properties. 6. At the April 16, 2014 meeting, to address the privacy concerns of the abutters, the Petitioner proposed the following: eliminating the window associated with bedroom 3, depicted on the west elevation of sheet A2.1, of the subthitted plans "S&W Realty Trust Addition Project" dated March 18, 2014; and relocating the proposed entry stair from the south elevation of the building to the north elevation, such that it is located on Beaver Street. 7. The Board discussed the extent to which the existing lot is paved, and agreed that increasing the green space on the lot would be more in keeping with the proposed residential use. City of Salem Board of Appeals May 20,2014 Project: 77 Beaver Street Page 2 of 3 8. The requested relief, if granted, would allow the Petitioner to convert the existing garage building into a single family residential building, by adding a second floor and two exterior stairways to the existing single=story building. One of the exterior stairways, to be located on the south side of the building, would increase the existing structure's nonconformity by reducing the front yard setback from five feet to one foot. 9. One written comment in opposition to the petition was received. 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 meets the provisions of the City of Salem Zoning Ordinance: Findings 1. The existing building, a commercial building,is unusual for the residential neighborhood. 2. Literal enforcement of the provisions of the Ordinance would be a substantial hardship — there has been little demand for commercial use of the existing building. 3. The desired relief may be granted without substantial detriment to the public good, particularly as the conditions placed upon the approval seek to address the specific concerns of abutters. 4. The desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance, as converting the property from a commercial use to a residential use is more in keeping with the character of the neighborhood. 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, Mr. Duffy, and Mr. Copelas) and none (0) opposed, to grant the requested Variance to allow the extension and structural change to an existing nonconforming structure, for the addition of a second floor and two exterior stairways, which would increase the existing encroachment on the required minimum depth of the front yard, 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 window associated with bedroom 3, depicted on the west elevation of sheet A2.1, of the submitted plans "S&W Realty Trust Addition Project" dated March 18, 2014, shall be removed. e City of Salem Board of Appeals May 20,2014 Project: 77 Beaver Street Page 3 of 3 9. The proposed entry stair on the south elevation of the building shall be relocated to the north elevation, such that it is located on Beaver Street. 10. The green space shall be extended along the south elevation of the house, extending from the building to the property line. 11. Construction shall conform with the submitted plans, except as specifically noted in this decision. "c'-- C""' /, Rebecca Curran, Chair 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 Jiled 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 Vananee or Special Permit granted herein shall not take effect until a copy of the decision bearing the cert#icate of the City Clerk has been filed with the Essex South Registry aJDeedr. AFFIDAVIT OF SERVICE City of Salem provision M.G.L., Chapter 39, Section 23D. (For a City Councilor, board, or commission member, to sign upon listening to the audio of it missed meeting and examining all evidence.) Per the Cityof Salem provision M.G.L., Chapter 39 Section 23D, I, yekK 4 .(Pqekq�s , hereby certify under the pains and penalties of perjury that I have examined all evidence pertaining toll Vall Sc TeaV k 4q l3ea"!Jr. which was distributed at the single missed session on 3 ZI 1 ' 20 ( q -, which evidence included an audio recording of the missed session. This certification was submitted prior to the undersigned's participation in a vote on the matter and shall become part of the record of the hearing. s � A Name �� '� Date Board or Commission A�) Ce S �CONOIT,t�Q CITY OF SALEM, MASSACHUSETTS �. BOARD OF APPEAL r \9 q/MtN6Uo- 120 WASHINGTON S REE'r * SALEM,MAssaCHUSFI rs 01970 KIMBERLEY DRISCOLL TELE.:978-745-9595 1 FAX:978-740-9846 MAYOR Relo Y MAR 1 8 v14 P ' ' City of Salem, of :•-- _ Zoning Board of Appeals. IIQN°`'"u1 978-619-5685 Will hold a public hearing for all persons interested in the petition of DAVID FRANK requesting Variances under Section 3.3.4 Variance Required of the Salem Zoning Ordinance to allow an extension & structural change to an existing non-conforming structure for the addition of a second floor and front and rear exterior stairways that increase the existing encroachment on the required minimum depths of the front and rear yards, to the existing single-story building, located on the property at 77 BEAVER ST (R2 Zoning District). Said hearing will be held on WED, MAR 19, 2014 at 6:30 p.m., 3d floor, 120 WASHINGTON ST, ROOM 313. Rebecca Curran Chair Salem News: 3/5/14 & 3/12/14 H_ck� . yL �e eAZ20 J\a� i.., LO Q N OD r — Z ►� U Z i..i r D m m i i = o 3 Z :.► U G ti Am rn `w D S.D o y Ask Amk o = i•� ✓ Z w J � ISI W Q "m A w N 0o n Z_ — C w o ~' ZI m now o X l ; k � Qm - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - L J I F- 7 L —] L –J -72-2 A I pHodae�Os l AtahllaGote 10'-0" �o I aua�rm.at I I Proposed Deck, I I 0"WIM in Steps a Landing 0 I I I rra 14-029 03/18/14 Map 18 - Lot 182 L Cj s d W Realty Trust - I Addition Project salon mab"ChiedttA Proposed Deck, erg urP v ate 8 Landing i I m NO. I llf I�eciuired) �� I 101.45' / < OF ---------------------- °.nte an " Beaver Street " as noted m.w� Site Plan Informationc Based on a Plan by 1 North Shore Survey� C 1 . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -7�- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - V 1 Site Plan (Existing Condltlons)/ 1/8" = 1'-011 Re IA-0 + rr - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LILT L RmW&Amdde4 Ino. s P IDx AiddMCWM 10'-0° 16'—�° n ° n ° 73 Nal Stmd C�I cme,74&'.= ------� yR)7410-saaara IN 0 ------- rra 14-029 03/18/14 Living Room BR 411 BR 02 I -----J Storage (52) Private ; Automobiles 0 "� P.o I I 8 6 W Realty Trust ———— 0 0 01 Addition Project Cq Kitchen/Dining BR °3 -Mstreet0ewm nm.ncr.secs - ❑ ❑ U 0 p. A _ � L f 1/2!-\[ 40-0" 1 1/2° r Plans 40'-3" ; , 40'-3° , as noted - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A1 . 1 2 Second Floor Plan (Scheme #1), 1/3" = 1'-011 1 iFiret Floor Plan (Scheme #1) 1/8" = 1'-011 'Ye we�mee4nm��ti ee� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T vinyl DH Windows 4 Vinyl Shutters Asphalt Shingles---,.2 J Synthetic Trim, Eaves 4 Rakea�� New Vinyl Clapboards P Existing Vinyl Clapboards P, x x.m 8eleet c!� 2 2 : sr�a aqs \ \ \ Cn _� N _r g, ❑ m CV rra 14-029 1 1 03/18/14 I I L .. �. .. ______________________ ____________________=====T====S ; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,� _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ' East Elevation (Scheme #1), 1/811 = 1'-011 12 I North Elevation (Beaver Street) 1/811 = 11-011 >�� S 4 W Realty Trust Additaon Project vinyl DH Windows Asphalt Shingles sa�d ach" LEL Vinyl Shutters Synthetic Trim, Eaves 4 Rakes "M°°°°`'"°"S° New Vinyl Clapboards TT�� P Existing Vinyl Clapboards P ❑ ❑ ❑ ❑ 00 ❑ e 2 0 2 ; N O /. EI afrons CV I N M N 1 1 ; as noted I IL—J I I I I I I I I I I I u===��___�_____- ___ A 2 . 1 - - - - - /J� - - - - - - - - - - Q West Elevation (Safford Street), 1/811 = I1-011 ❑ South Elevation 05cheme #1), 1/(811 = 11-o11 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ? L 1 IF --III &A®oast® Inc 12.2' rs timroeame I xmmeIW wb II pia„w-em OMfm I a.mm I I rrrra 14-029 03/15/14 8 � In Map 18 - Lot 182 _ S e W Realty Trust lI Addition Project / -n Ba swat. / salon Mabaach dine / LlV 101.45' Site Ian " Beaver Street as ; as noted Site Plan Informationc Based on a Plan by North Shore Survey CX11 .1 - - - - - - - - - - - - - - - - - - - - - - - -F - - - - - - - - - - - - - - - - - - - - - - - - Site Plan (Existing Corolltlons), 1/8" = 1'-o" rra 14-029 (03Q *- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i N m ; x b-0 (D 8 �LO (� ' W - ❑ N N Li O M A. W ' II ' 30'-0° 11/2" IQ 30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �' — =f A m1' 1 1 1 -,O f q $ a! lb a 1 o s ED 0m rL .. - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - " r - -.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I �I L J �I R.RwW A"adft Im � a sae tt edm4mum*m" 6198 pug w-=res. rra 14-029 a.e. 03/18/14 ---------------------- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - n.4 /J� - - - - - - .4 East Elevation (Existin Conditions), Vaal = 1'-0" 2 North Elevation (Beaver Street), 1/S" = 1'-011 - - - - - - - - - - - - - - - - - - - - g >-Jeft S 6 W Realty ?rust Addition Project T - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T -n Beeves street Salam,MaetecFueetta i i ' Vi. llYf ---- KI N Elev one cYl i ' a.r as noted ---------------------- r1 rI LI a..s�r..te 114 West Elevation (Safford Street), 1/8" = 1'-0" South Elevation (Existing Conditions), 1/8" = 11-011