43 BRIDGE STREET - ZBA (2) LA �6
Zoning Board Proiect Status Sheet
Address & Applicant:
Date Submitted to BOA:
1g/:2 :Z12 i5
13/ Clerk Stamp:
Variances Only - Constructive Approval Date: (100 days from filing))
d Abutters List Requested:
/Abutters Notice Sent:
Notice to Abutting Cities & Towns, Councillors:
El Legal Notice posted at City Hall (14 days before meel;ng)!
Legal Notice Emailed & Confirmed:
�( Legal Notice Posted on Web:
--------------
r� Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting:
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: s
Decision: C, n { e d
i
Decision Filed: �,z�, 1 S Appeal Period Over: ( z ����`���7
after decision filed) ���` ___ / 21' dap
M/Decision Sent to Applicant: —�Z
ER/Notice of Decision Sent to abutters, cities and towns,'
ZBA ACTION FORM
BOARDMEIVIBERS� sMOTION SECONDVOTE`
Date: (�/ /� �/7 Rebecca Curran (Chair)
Mike Duffy
Petitioner: joe, Sko,„ N.skt Tom Watkins X
Peter Copelas
Address: tf 3 r er,4 5'P 9*"t¢-'t Jimmy Tsitsinos
Jim Hacker(Alt.)
Paul Viccica(Alt.)
Total• 5 v
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.
/cONDIT �
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
`��uxa... TTS�U1�1W -2 P 2 24
�.�� 120 WASHQJGTON STREET 1 SALEM,MASSACHUSE
KIhB3ERLEY DRISCOLL T1i.E:978-745-9595 ♦ FAx:978-740-9846
MAYOR PITY FINE Ii
SA.EM M
December 2, 2015
AMENDED Decision
City of Salem Board of Appeals
Petition of JOSEPH SKOMURSKI seelcing a Variance requesting relief from Sec. 5.1.5 Parking
Design of the Salem Zoning Ordinance to allow at 30' curb cut and to modify a previous Zoning
Board of Appeal decision to reflect the new parking plan at the property located at 43 BRIDGE
STREET (Map 36 Lot 238) (R2 Zoning District).
A public hearing on the above Petition was opened on November 18, 2015 pursuant to M.G.L Ch. 40A, § 11
and closed on that date with the following Salem Board of Appeals members present: Rebecca Curran, Peter
A. Copelas, Mike Duffy,Tom Watkins,Jimmy Tsitsinos.
The Petitioner seeking a Variance requesting relief from Sec. 5.1.5 Parking Design of the Salem Zoning
Ordinance to allow at 30' curb cut and to modify a previous Zoning Board of Appeal decision to reflect the
new parking plan.
Statements of fact:
1. Joseph Skomurski, the petitioner,presented the petition.
2. In the petition date-stamped October 27, 2015, the Petitioner requested Variances requesting relief
from Sec. 5.1.5 Parking Design of the Salem Zoning Ordinance to allow at 30' curb cut and to modify
a previous Zoning Board of Appeal decision to reflect the new parking plan.
3. The petitioner presented a new parking plan dated July 28, 2015 revised on August 16,2015 to realign
three (3) parking spaces from the rear yard to the side yard to allow the addition of greenspace and
prevent paving the entire rear yard as previously approved on "Lot 5."
4. The requested relief,if granted,would allow the Petitioner to exceed the 24' maximum allowable curb
cut to have a 30' curb cut along Planters Street at "Lot 5" and to modify a previous Zoning Board of
Appeal decision to reflect the new parking plan dated July 28, 2015,revised on August 16,2015.
5. At the public hearing no members of the public spoke in favor of, or in opposition to, the petition.
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 for Variances for the original variance for the project:
1. 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 is that the existing lot
is an odd shape narrow lot.
City of Salem Board of Appeals
December 2,2015
Project:43 Bridge Street
Page 2 of 2
2. Literal enforcement of the provisions of the Ordinance would create a substantial and unique hardship
as the lot is narrow and would restrict the petitioner from using the parcel. Literal enforcement of the
bylaw would result in a building envelope that is too narrow to construct a house.
3. The desired relief may be granted without nullifying or substantially derogating from the intent of the
district or purpose of the City of Salem Zoning Ordinance. The existing building on the property is
blighted, and the proposed new construction would be in keeping with the general density of the
neighborhood.
The Board now finds that the request for the Variance for a larger curb cut is a minor modification to
the original plan and the reconfiguration of the parking spaces to provide greenspace to the rear of
the property is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor
(Rebecca Curran, Peter A. Copelas, Tom Watkins,Mike Duffy,Jimmy Tsitsinos) and none (0) opposed, to
grant a Variance requesting relief from Sec. 5.1.5 Parking Design of the Salem Zoning Ordinance to allow at
30'curb cut and to modify a previous Zoning Board of Appeal decision to reflect the new parking plan at
"Lot 5" shown on the plan dated August 16,2015, subject to the following terms, conditions and
safeguards:
Standard Conditions:
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. A Certificate of Occupancy shall be obtained
6. A Certificate of Inspection shall be obtained.
7. Petitioner shall obtain a 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.
cwwx� Ar—
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fmm ibis deanon, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20
day,of fling of this decision in the ofce of the City Clerk. Pursuant to the M usachusenr General Laws Chapter 40A,Section 11, the Variance or
Special Permitgranted herein,hall not take effect until a ropy of the decision bearing the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
CTTY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM MASSACHUSE
(� BOARD OF APPEALS TTS OCT 21 A 9 3b
I I 120 WA9iINGTON STREET,3'D FLO FILF #F
SALEM,MASFACHUgTTS01970��Y ( LHK, SPLEM, ht SS.
Thomas a.Pierre, Director of Inspectional Savioes rftgg^'�
Phone:978.619-5641/ Fac. 97&740-9646 E V Nr.:.,.+-Fr
KmomLEY DRiscoLL Erin S;1iadfer, cW Plainer
MAYOR Phone 978-619-M/ Fac97&7404AO4 OCT 2 12015
TO THE BOARD OF APPEALS DEPT.OF PLANNING
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address: 't3 t�rt4 c_ST Zoning District: P--2-
An
2-ZAn application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example:
I amproposrig to construct a 10' x 10' one story addition to try 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. The current depth of my
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.)
t (O"r- IS at.(i.ln4V fA04 vev ws z 4 4.m 8l trr�
v.*, WST 4 0c%riQN cc. �•, e S
Zoat� cl low cr so` u&'(U. C%J to, AV-- o
w17 4h - 4t7 cot
For this reason I am requesting:
(4 Variance(s)from provisions of Section S of the Zoning Ordinance,specifically from
(i.e. minimum depth of rear yard).
What is allowed is 2-q (jt?sq ft?stories? W), and what I
am proposing is 3d (rt?sq Jt?stories?W).
( )A Special Permit under Section of the Zoning Ordinance in order to
( )Appeal of the Decision of the Building Inspector(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: NL Are Lot Dimensions Included?(,I/Yes O No Why?
(Example:Two Family Home)
The Undersigned hereby petitions the Board of Appeals 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.
a
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
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
Section 9.4 Special Permits. 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 par]dng and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character;and
1) Potential fiscal impact,including impact on City tax base and employment.
( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Cb.40B §20-23.
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.
yy�
// If d ffereni from petitioner.
Petitioner:sromt .S �� �� Property Owner:
Address: PV-5C11C 20 � t i9-2 T Address:
Telephone: �!7Telephone:
Email: S <,ro S k' Ems:
C `
Signature: v r Signature:
(Aaached consent letter is also acceptable)
Date: f S Date:
If dierent from petitioner.
Representative:
Address:
A TRUE
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk
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MOR]6 F 3] IF X 1 P 1 APPLICANT SKOMURSKI DEVELOPMENT LLC.
N� I PROPOSED IiiAxIR NPFIxG 107 B.ADSTREET AVENUE
Cele LLr 25 AIR I 1 (EEE OETAL)
AT Arlo,Sf ENALOYD SLLIPGIE I 5rn DANDERS. MA 01923
. E ST C G I 'NE I fFE 15 OY I x SINN
TO Ba REM° AT MAIN ° `"° `°' 11.21 z �WTHOMAS MANNETTA INCORPORATED
MEADOWS"$YMC CURBING IN THIS 15 BOARDMAN LANE - TOPSFIELD MA 01983
- E� ARG AND TRAN9TCN PROPOSED 445 RANTOUL STREET- BEVERLY MA 01915
GSGa°U \j 3.] N]5'J I'01'E x'ZO
A.N.EAST"G WD.C.
M,� GSG 90EM/O( PHONE: (978)887-0965 "EMAIL: TOMOTHOMASMANNETTA.COM
" E P_ n_"A•� } ®H DRAWING FILE: C:\TCMDRAW2015\43BRIDGE\SITE
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' TCL x'1645 ATE: 7/28/2015 ,
REFERENCES: '1 date - d"L tion
I) Deed Bo0k 53J0 Page 476 BRIDGE STREET em31 ° B ,6 15 GAS.ELECTRIC, D AIL SHEET
2) id., p'>8' oI1946 - " AUG 16.2015
3)) Pi- o°31 ka 24 SHEET 1 OF '2 Date ° xol<: , _20
5) °eed'9aok 5626 P., 413 1
_ Map 36 Lot 240.
N/F
Donovan a+.
15 Planters St. -
Iron Pipe '. -
(Found)
.- W 56.76 9.064 1
Iron Rod 514'45-Ob
W.
(Set) '� 10.5' 26, 8.0, m
o
- +9.66 o m
Proposed a
M N Dwelling o. Proposed Water Service
v O
Proposed Sewer Service
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1226 . .
LOT\
Map 36 Lot 234 .3.886 sq.ftp P2NI
-- New England Power Co. i
Waite St. 54.38% 4
1_ _ Nj41508 E \ -
10.5, 26 8.0. 0 u,
0.00
+10.66
' Proposed
m . -
N Dwelling w v
N � o Proposed Water Service
DMH
RIM=9.76. Proposed Sewer Service
TOP OF DEBRIS=95.0 E
® WAITE STREET 81 Ell SMH
15 C SEWER RIM=10.49
S Sewer
OT 2 P2 _ INV=2.4
S Easement 12 3,714 sq.ft. '. v)4.45'08T
-
20' Wide \ N1
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RIM=8.78. - - 1 0 51.83
INV=2.7. _ 10.5' M 26. 8.0' -
Proposed
REFERENCES: - m N Dwelling °''
-1) Deed Book 5330 Page 476 N o Proposed Water Service
2) Plan #781 of 1946 1tO'R - -
3) Plan Book 303 Plan 24 - Proposed Sewer. Service-
4) Plan 1636 o/ 1955 - Map 36 Lot 236
5) Deed Book 5618 Page 413 - - N/F 16.3' P1
Angela Gelentodakis
39 Bridge St. LOT 3
P2
'
3,541 sq.ft. `I
49.37' ;1
1 N 4.45'08`E 11.56
10.5• 0,
m
m o, Proposed
u; N_ Dwelling Li
Proposed Water
Ica
0 0 0 Service
ZONING DISTRICT - R2
REQUIRED LOT 1LOT 2 LOT 3 LOT 4 LOT 5 r? IAW 0� M Proposed Sewer
MIN. LOT AREA 15,000 S.F. 3866 S.F. 3714 S.F. 3541.S.F. 3369 S.F. 2899 S.F. -0139• n Service -
MIN. LOT FRONTAGE 100' 70' 70' 70' 70' 45.46'
MAX. LOT COVERAGE 35 3.3 24.47. 25.6% 26.9% 37.48
MIN. FRONT SETBACK 15• 8' 8• 8' 6' 3.6' p2 A
MIN. SIDE SETBACK LT 10' 26.9' 26.9' 26.9 26.9'- 0.7' LOT 4
MIN. SIDE SETBACK RT 10' 10.5' 70.5. 10.5 10.5 0.5 X3,369 sq.ft. o, In
MIN..REAR SETBACK 30' 21.3' 18.8, 16.3' .13.9• 29.9' 46.91' m -
i. Nj4 5.08
PI
PROPOSED SITE PLAN W 2,.71'
43 BRIDGE STREET & ,map 36 Lot 237 th 29.8 LOT 5 m m
13 PLANTERS STREET N/F u c, 2,899 sq.ft. proposed`oN
SALEM, MASSACHUSETTS Crete LLC , 'm f service
- 41 Bridge St. CS iD- 4loz
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Prepared For m Proposed
Skomurski Development, LLC Water
Proposed Service
Prepared By - Dwelling -
LeBlanc Survey Associates, Inc. - - Drill Hole - 12'61
161 Holten Street " (set) ag Noll
Danvers, MA 01923 k - 0.7' 5 46' 3, ' (Set)
GSG - 12'48
(978) 774-6012 N25-4l'01"E RI 1 G RIM 12. 2
March 10, 2015 Scale: 1"-20' r EMH 3.6 2 72, HH wv 7
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HOR. SCALE INFEET - .�. BRIDGE STREET
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