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87 BRIDGE STREET - ZBA p � 't3r\c1c�e S-ETee-E- 9 t II Zoning Board Proiect Status Sheet Address & Applicant: Date Submitted to BOA: z Clerk Stamp: Lozj Variances Only - Constructive Approval Date: (100 days from filing) EL/Abutters List Requested: aDbutters Notice Sent: otice to Abutting Cities & Towns, Councillors: Segal Notice posted at City Hall: (14 days netnre meeting) egal Notice Emailed & Confirmed: Legal Notice Posted on Web: Agenda to Applicant: 7 8 I S Applicant's email address or axumber to send agenda: Opened at Meeting: (S Continued Meetings: 13 Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: '-7 S S Decision: Decision Filed: 2q SAppeal Period Over: (,1;' (1n; after decision tiled) 8/Decision Sent to Applicant: S C5 Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: 7I /Sl/5' Rebecca Curran (Chair) Mike Duffy X Petitioner: bprk rc,�0 Tom Watkins IV / Peter Copelas Address: g7 gr;Oke S-)— Jimmy Tsitsinos Jim Hacker(Alt.) Paul Viccica (Alt.) Total: S'— 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. n�A Certificate of Inspection is to be obtained. t 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. ❑X 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. / R Ell C/)n�i ,'On 5 - , 001 11 0 a`� CITY OF SALEM, MASSACHUSETTS =' BOARD OF APPEAL ~9�£t'IINB_11a�� 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR � e July 29, 2015 m C Decision xF N City of Salem Board of Appeals m M Petition of MARC TRANOS, seeking a Variance from the maximum buildin"heighito allow an increase in building height from the existing thirty-feet (30') to thirty-five fee"35') aid a Special Permit requesting relief from Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance, to extend the existing non-conforming structure to allow a 182 square foot addition located at the property of 87 BRIDGE STREET (Map 36 Lot 373)(B1 Zoning District). A public hearing on the above Petition was opened on July 15, 2015 pursuant to M.G.L Ch. 40A, � 11 and closed on this date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice- Chair),Jimmy Tsitsinos,Mike Duffy,Tom Watkins,Paul Viccica (Alternate)). The Petitioner seeks a Variance requesting relief from the maximum building height to allow an increase in building height from the existing thirty-feet (30D to thirty-five feet (35') and a Special Permit requesting relief from Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance, to extend the existing non- conforming structure to allow a 182 square foot addition. Statements of Fact: 1. Attorney Correnti presents the petition. 2. In the petition date-stamped June 23,2015, the petitioner requests a Variance requesting relief from the maximum building height to allow an increase in building height from the existing thirty-feet (30') to thirty-five feet (35� and a Special Permit requesting relief from Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance, to extend the existing non-conforming structure to allow a 182 square foot addition. 3. The petitioner proposes to rehabilitate an existing building with three (3) residential units and one (1) commercial space to construct four (4) townhouse style units, to be built as condominiums. 4. The petitioner proposes to tear down an existing garage and accommodate for six (6) on-site parking spaces. 5. The proposed number of parking spaces meets the parking requirements of the Salem Zoning Ordinance. The on-site parking spaces will be deeded with each condominium to encourage residents to park on site. 6. The building is located in a small strip of B-1 Zoning District with dimensional regulations for maximum building height of thirty (30) feet. The petitioner is requesting a Variance from dimensional City of Salem Board of Appeals July 29,2015 Project: 87 Bridge Street Page 2 of 3 requirements to allow an increase in building height from the existing thirty (30) feet requirement to thirty-five (35') feet. 7. The petitioner requests a Special Permit to extend a non-conforming structure to allow for a 182 square foot addition on the right rear to square off the existing building. 8. The requested relief,if granted,would allow the Petitioner to increase the building height from the required thirty-feet (30') to thirty-five (35� feet and extend the existing non-conforming structure to allow a 182 square foot addition. 9. At the public hearing one (1) members of the public spoke in favor and one (1) person spoke 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 does not meet the provisions of the City of Salem Zoning Ordinance: Findings for Variance: 1. The special conditions and circumstances that especially affect the land, building, or structure generally not affecting other land, buildings or structures is that the building is located in a small B-I Zoning District surrounded by an R-2 Zoning District. 2. Literal enforcement of the provisions of the Ordinance would create a substantial and unique hardship as without relief, the petitioner would not be able to meet building requirements to construct townhouse style units. t 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. Findings for Special Permit: 1. Social,economic and community needs served by the proposal will be positive. 2. Traffic flow and safety, including parking and loading are adequate and comply with the City of Salem Zoning Ordinance requirements. 3. Utilities and other public services are adequate. 4. There are no impacts on the natural environment,including drainage. 5. The proposal fits with the neighborhood character. 6. The potential fiscal impact,including impact on City tax base and employment will be positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted unanimously with five (5) in favor (Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos,Mike Duffy, Tom Watkins, and Paul Viccica (alternate) and none (0) opposed, to grant a Variance requesting relief from the maximum building height to allow an increase in building height from the existing thirty-feet (30') to thirty-five feet (35') and a Special Permit requesting relief from Sec. 3.3.3 Nonconfornting Structure of the Salem Zoning Ordinance, to City of Salem Board of Appeals July 29,2015 Project: 87 Bridge Street Page 3 of 3 extend the existing non-conforming structure to allow a 182 square foot addition, 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 Inspection shall be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 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 filed within 20 days of fihng of this decision in the office of the CqY Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Seaton 11, the Variance or Special Permit granted herein shall not take eect until a ropy of the deasion bearing the certificate of the City Clerk has been filed with the Essex South Regtry of Deeds. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS ,.oN6,�9,� PETITION FORM Pvv Oise, CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS 2015 JUN 23 P 12: 42 120 WASHINGTON STREET,3RO FLOOR FILE #f SALEM,MASSACHUSETTS 01970 CITY GLEf3K, SALEM, MASS: `�'6t'IMIryE D�NI,i Thomas St.Pierre,Director of Inspectional Services Phone:978-619-5641 / Fax:978-740-9846 KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/ Fax:978-740-0404 JUI`1 2 3 2015 TO THE BOARD OF APPEALS: DEPT. OF PLA-&NG- The Undersigned represent that he/she is/are the owners of a certain parcel of land located aiOMMUNiTY D-VEL.OPMENT Address: 87 Bridge Street Zoning District: _ . B-1 An application is being submitted to the Board of Appeal for the following reasou(s): This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: I am proposing to construct a IO'x IO'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. The current depth of my rear yard is 32 feet,:the proposed addition would reduce the depth of the rear yard to 21 feet.) See attached Schedule A. For this reason I am requesting: ({)Variance(s)from provisions of Section 44.lel_of the Zoning Ordinance, specifically from maximum height of building (i.e.minimum depth of rearyard). What is allowed is 30 feet (/t?sq f7?stories? %?), and what I am proposing is 35 feet (ft?sq fi? stories?%?). ({)A Special Permit under Section 4. 1.1 of the Zoning Ordinance in order to extend the existing non—conforming strucure O Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): residential & Current Property Use: commercial Are Lot Dimensions Included?(A Yes O No Why? - (F.xample:Two Family Home) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and al low 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. S CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS ONFORM 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 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. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.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. If different from petitioner: Petitioner: Marc L. Tranos Property Owner: Address: 130 Bayview Avenue Address: Salem, Telephone: Telephone: Email: mtranos2l@hotmail.com Email: Signature, Signature: 1S orney (Attached consent letter is also acceptable) Date:J 2 2 5 Date: If different from petitioner., Representative: Joseph C. Correnti, Esquire Serafini, Darling.& Correnti, LLP A TRUE Address: gym, MA 01970 ' ATTEST Telephone: (97 ) 02 2 Signatur Date: une 2, 2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. SCHEDULE A The Petitioner is the owner of 87 Bridge Street, located in the B-1 Zoning District. The property has been used as a mix of residential and commercial for many years. The building has 4 units, 3 of which are residential. A series of additions to the building have resulted in an odd configuration of floor plans and nonconformities. The property lies in the small section along Bridge Street that is zoned B-1 Neighborhood Business, which zone allows for multi-family residential use. The proposal is to bring this building to all current building code standards without increasing the number of units, but eliminating the commercial component on the first floor, as shown on the drawings submitted herewith. The 4 residential units will have the required on-site parking with no changes to the front, side, rear yard setbacks, or lot area. The existing garage to the rear of the property will be demolished, reducing the existing non-conforming maximum lot coverage. The height of the building would increase from 30 to 35 feet, which is conforming in the residential districts, but 5 feet over the maximum height of 30 feet in the B- 1 zone; thus, a variance to the maximum height of buildings is required. Additionally, we propose to square off the back right corner of the building, which increases the building's footprint by 182 square feet, while maintaining the required 10 foot side yard setback. A special permit to extend the existing non- conforming structure on this non-conforming lot is requested. The proposed townhouse style units would be a new and modern addition to the revamped Bridge Street Neck corridor. The current building floor plan does not permit the appropriate second floor egress and ceiling height for the 4 units without the height variance, which would allow the proposed building to fit in with the existing streetscape and abutting properties. Wherefore, the Petitioner respectfully requests the requested relief be granted. s .��� N. Achilles Xerras 99 Bridge Street, Salem Ma 7-2-15 I, Achilles Xerras owner of 99 Bridge Street am in favor of Marc Tranos' proposal at 87 Bridge Street. The proposal I support includes increasing the height of the building from approximately 30 to 35 feet.and extending the structure by building a 182 sq ft addition on the property. Sincerely, a � �Q Achilles Xerras i Gail Acciavatti 4 Barton Street, Salem Ma 7-2-15 I, Gail Acciavatti owner of 4 Barton Street am in favor of Marc Tranos' proposal at 87 Bridge Street. The proposal I support includes increasing the height of the building from approximately 30 to 35 feet.and extending the structure by building a 182 sq ft addition on the property. 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SECOND FLOOR --------- '-------- - -- - ------ -------- --- � SECOND FLOOR --------------- _ _ ______ -____-- _-- -------- ------__-- - r - �® iz FIRST FLOOR PROPOSED FRONT ELEVATION .SCALE:Va 1'-9 MAP 36 LOT 372 GAIL ACCIAVATTI 4 BARTON ST. 50.00' / g g g• g• g• I 2 Q m Q O m O m O I 5 EXISTING GARAGE W TO BE x -H z REMOVED ° 0 3 n 13 10'3 W �w VJ O N O O o a O O Obi N 8 Zremove ng O__ _ existi stairs PROPOSED g ADDITION Q m MAP 36 LOT 374 7-2' * 10.3 MARGARITA PENA MAP 36 LOT 373 89 BRIDGE ST.O °' #87 g. 1 50.00' ZONING DISTRICT — B1 BRIDGE STREET (ENTRANCE CORRIDOR OVERLAY DISTRICT) PROPOSED � REQUIRED EXISTING ADDITION LOT AREA gppp 4988 4998 �'Pr OFp LOT FRONTAGE 60 90• 90. COfAh9U��1Y EVE, FRONT 15 1'# V* FIDE 10 10•t 10't PLOT PLAN OF LAND REAR 30 36't 36•f 87 BRIDGE STREET Lor COVERAGE 4D% 56.75 4p,8$ SALEM PROPERTY OF O���PLjHOF,�SS9C1 MARC TRANOS I CERTIFY THAT THE BUILDINGS HEREON ARE LOCATED ON GAIL L. N THE GROUND AS SHOWN. ° sMlrrl SCALE 1" = 10' JUNE 18, 2015 NO. to W 1 �S , /J , NORTH SHORE SURVEY CORPORATION DA � "1LssFr/STEa�° �'� 14 BROWN STREET — SALEM, MA /PROFESSIONAL LAND SURVEYOR °"AWs� 978-744-4800 4056