29 BOSTON STREET - ZBA ONU17q, CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
oaf FAx. 978-740-9846 20j0 iOV -3 P 2: 35
KIMBERLEY DRISCOLL
MAYOR
November 3, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of IVETT RIVERA, seeking Variances from side and rearyard setbacks,
lot area per dwelling unit, and parking requirements, and a Special Permit to convert
the current single-family home into a two-family home on the property located at 29
BOSTON STREET, Salem, MA[B-2].
A public hearing on the above Petition was opened on October 20, 2010, pursuant to Mass
General Law Ch. 40A, � 11. The hearing was closed on October 20, 2010 with the following
Zoning Board of Appeals members present: Robin Stein, Richard Dionne, Annie Harris,
Beth Debski, Becky Curran,Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate).
Petitioner seeks Variances pursuant to Section 4.1.1, and a Special Permit pursuant to
Section 3.3.5, of the City of Salem Zoning Ordinances.
Statements of fact:
1. The petitioner and owner of 29 Boston Street, Ivett Rivera, represented herself at the
hearing along with owner Arthur La Fave.
?. In a petition dated September 22, 2010, petitioner requested a Special Permit to
change the single-family home (a nonconforming use) on 29 Boston Street to
another nonconforming use, a two-family home. The Building Commissioner also
determined that relief from side and rear yard setbacks,lot area per dwelling unit,
and parking requirements would also be required.
3. At the October 20, 2010 hearing, the petitioner presented revised plans showing a
rear exterior stair, required for the proposed second unit.
4. At the October 20, 2010 hearing, the Building Commissioner noted that the
proposed stairs did not meet code and must be 36 inches wide; the petitioner agreed
to make this change. , e
5. At the October 20, 2010 hearing, the owners of an abutting property expressed
concerns about a dumpster parked behind the house, not located fully on the site.
6. Also at the hearing, Board members noted that this proposal would take cars off the
street because the plan provides three spaces not currently on the site.
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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 without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, as the proposal improves the property and
provides parking not previously provided on the site.
2. The applicant may vary the terms of the Business Highway Zoning District
to allow for the conversion of the single-family house to a two-family house.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
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. Variances from side and rear yard setbacks, and lot area per dwelling unit are
granted to allow for the conversion of the single-family home on 29 Boston
Street to a two-family house, as shown on the submitted plans.
2. A Special Permit is granted to allow for the conversion of the single-family
home on 29 Boston Street to a two-family house, as shown on the submitted
plans.
In consideration of the above,the Salem Board of Appeals voted, five (5) in favor (Stein,
Curran,Debski,Dionne and Harris) and none (0) opposed, to grant petitioner's requests for
a Variances and a Special Permit subject to the following terms, conditions, and
safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All constriction 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.
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7. 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.
8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
9. 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.
10. Dumpster is to be kept on the property at 29 Boston Street.
11. The propertys use is linuted to two one-bedroom units.
12. The exterior stairway is to be 36 inches in width, in accordance with the
requirements of the Building Commissioner.
AA'-' Ism
Rodin Stem, Cfiair
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 Cry 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.
MAP 25
LOT 670
ELEONORA F. KOSKI
25 BOSTON STREET
— 17.3'
18 I
existing deck MAP 25
to be removed 0 I LOT 58
& rebuilt to 19' I ROBERT W. ADAM
allow parking (3) ^ I KATHY A. ADAM
19• 31 BOSTON STREET
MAP 25 3 I
LOT 56 _
PETER AARON BABB o I
ROSA JULIA COVEY DECK
27 BOSTON STREET % MAP 25
s LOT 57
2 STORY I o
DWELLING 2 STORY
DWELLING
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24.3'
BOSTON STREET
PLOT PLAN OF LAND
29 BOSTON STREET
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14 BROWN STREET — SALEM
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