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160-162 BRIDGE STREET - ZBA b Q —leo z B���c�e. S-f-c-e��t- _� \ -- —�I 'i i �,i '� Zoning Board Proiect 4tar»� c�. Address & Applicant: c Date Submitted to BOA: Ly"" Clerk Stamp: Variances Only - Constructive Approval Date: (too days from riling) �a Abutters List Requested: Abutters Notice Sent: �5 Notice to Abutting Cities & Towns, Councillors: Legal Notice posted at CityHall: 14( --- days before meeting) Legal Notice Emailed & Confirmed: r/ Legal Notice Posted on Web; m Agenda to Applicant: Applicant's email address Opened at Meeting: or fax number to send agenda: __� � ( � 2-a�--) --- Continued Meetings: tet, Extension ForIn(s) Signed & Clerk Stamped? Closed at Meeting: S � � -� Decision: Decision Filed: S 3 after decision filed) Appeal Period Over: I (zr°'day Decision Sent to Applicant: Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM {� � j3„I©ARD MI i xLiOd�{ 1V TI Q Df e#'_�0,T .. Date: Rebecca Curran (Chair Mike Duff Petitioner: Tom Watkins Address: Jimmy Tsitsmos Alt. Paul Viccica Alt. Total: y — Conditions: Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. JAII construction shall be done as per the plans and dimensions submitted to and approved by the Building ommissioner. 71 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. xterior finishes of the new construction shall be in harmony with the existing structure. 77 Certificate of Occupancy is to be obtained. LJ A Certificate of Inspection is to be obtained. El Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said P Y n,,mlber so as to be visible from the street. ` 1 Petitio 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. ❑ r ,COTIINT,{e� i ' CITY OF SALEM, MASSACHUSF�TTS m l BOARD OF APPEAL X11 35 rwry SKIMBERLEY DmscoLL 120 WASHIFTNSTREET * ALM,ASACHU �01970SAL&1, SN9S46 MAYOR May 31, 2017 Decision City of Salem Board of Appeals A public hearing for all persons interested in the petition of ROBERT CAMIRE seeking a Special Permit pet Sec. 3.3.3 Non-Conforming Structures to allow an expansion of a non-conforming structure and Variances for relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, from the rear yard setback and number of stories at the property located at 160-162 BRIDGE STREET (Map 35 Lot 35)(R-2 Zoning District). A public hearing on the above Petition was opened on May 17, 2017 pursuant to M.G.L Ch. 40A, 5 11 and closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Tom Watkins,Mike Duffy,Jimmy Tsitsinos,and Paul Viccica (alternate). The petitioner is seeking a Special Permit pet Sec. 3.3.3 Non-Conforming Structures to allow an expansion of a non-conforming structure and Variances for relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, from the rear yard setback and number of stories. Statements of fact: 1. Attorney Bill Quinn presents the petition on behalf of the petitioner. 2. In the petition date-stamped April 25, 2017, the petitioner requested a Special Permit per Sec. 3.3.3 Non-Conforming Structures to allow an expansion of a non-conforming structure and Variances for relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, from the rear yard setback and number of stories. 3. The property is located in the R-2 Zoning District. 4. The property was historically one lot with two (2) houses that existed on the lot prior to the adoption of the Subdivision Control Law. In 2016, the petitioner divided the lot by an endorsed Form A Plan the lots are existing legal non-conforming lots and the houses are existing legal non-conforming structures. 5. The front building is an existing two-family structure and the rear building is an existing three-family structure. 6. The petitioner is proposing to construct a rear third floor +/- 250 square foot addition on the back of the existing three-family structure to expand the living space in the third floor apartment and to provide a roof over an existing external stairway. 7. The proposed third floor addition on the three-family dwelling unit requires a Variance from the number of stories to exceed the 2.5 stories allowed by the Zoning Ordinance. The height of the addition will not exceed the existing vertical number of feet. City of Salem Board of Appeals May 31,2017 Project: 160-162 Bridge Street Page 2 of 3 8. The petitioner is also proposing to construct a stairway across the new lot line to externally connect the rear house to an existing external stairway connected to the front house to provide a second egress from the third floor dwelling unit at the rear property. The petitioner is proposing to convert and existing third floor window, of the rear house, to a door with an external stairway because there is an existing internal steep stairway that is not code compliant to provide adequate egress. 9. The construction of the external stairway across the existing lot line requires a Variance from the rear yard setback requirements of the Zoning Ordinance. 10. The petitioner is also requesting a special permit for the expansion of a non-conforming structure for the existing rear three-family home. 11. The requested relief, if granted, would allow the petitioner to a Special Permit per Sec. 3.3.3 Non- Conforming Structures to allow an expansion of a non-conforming structure and Variances for relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, from the rear yard setback and number of stories. 12. At the public hearing two (2)members of the public spoke in favor of, and none (0) 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 Special Permit: The Board finds that the proposed expansion of the non-conforming structure is not substantially more detrimental than the existing non-conforming structure. 1. Social, economic and community needs are served by the proposal. 2. Traffic flow and safety,including parking and loading is adequate. 3. Adequacy of utilities and other public services will not be negatively impacted. 4. Impacts on the natural environment,including drainage will remain the same. 5. The proposal fits with the character of the neighborhood. 6. Potential fiscal impact including impact on City the tax base and employment is positive. Findings for Variances: 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 narrow with two (2) existing non-conforming structures. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the applicant because the applicant needs to provide adequate living space and egress on the third floor. 3. Desirable relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the ordinance. City pf Salem Board of Appeals May 31,2017 Project: 160-162 Bridge Street Page 3 of 3 On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (5) in favor (Rebecca Curran (Chair), Tom Watkins, Mike Duffy, Jimmy Tsitsinos) and one (1) opposed (Paul Viccica, Alternate), to grant a Special Permit per Sec. 3.3.3 Non-Conforming Structures to allow an expansion of a non-conforming structure and Variances for relief from Sec. 4.1.1 Table of Dimensional Requirrments of the Salem Zoning Ordinance, from the rear yard setback and number of stories, subject to the following terms, conditions and safeguards: Standard Conditions: 1. Petitioner shall comply with all city and state statues, 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 finished of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to the Planning Board. Rebecca Curran Chau 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 fckd witbin 20 days of fi&ng of this decision in the office of the Csty Ckrk. Pursuant to the Massachusetts General1aws 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 witb the Essex South Registry of Deed,. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS �o PETITION FORM CITY OF SALEM,MASSACHUSETTS �� � ; BOARD OF APPEAL18II APR 25 PM 12= 04 1 120 WASHINGTON STREET,3RD FLOOR SALEM,MASSACHUSETTS 01970 CITY CLERK Thomas St.Pierre,Director of Inspectional sirg !JtMASS Phone:978-619-5641 /Fax: 9787740-9846 Y +� ^+ r KimBERLEY DRiscoLL Erin Schaeffer,Staff Planner - 6`'�' �- MAYOR Phone:978-619-5685 /Fax:978-740-0404 TO THE BOARD OF APPEALS: L):p F c-a� The Undersigned represent that he/she is/are the owners of a certain parcel of land locateda t OY pE�E Ntt G& p �+CpPP Address: hoo Mina flp,dge A Zoning District: "� C�r� iAolJfi{7't4� An 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: 1 am proposing to construct a 10'x 10'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 he 30feet. The current depth of my rear yard is 31 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.) See C(4E ic.6c% A �6rMJ For this reason I am requesting: (V�Vanance(s)from provisions of Section 4.ITI .. of the Zoning Ordinance,specifically from R[eI }Zc aA 1P} b%4LW 44'04 S4ar�pS� (i.e. minimum depth ofrearyard). What is allowed is (ft?sq ft?stories? %?), and what I am proposing is (ft?sq ft?stories?%?). (V)/A Special Permit under Section13.3 of the Zoning Ordinance in order to it,%ICk Ci Qct. }�e�n eh �eP o4 �x�s� 16Xlto Rmmnn ( )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: i1 ?r� Are Lot Dimensions Included?(Vies O No Why? (F=mple:Two Fami 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. i CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: (/or 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, gencrally 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. dor 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 1) Potential fiscal impact,including impact on City tax base and employment. O 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. �Q 1 /n If different from petitioner. Petitioner: ' `6 [tel ! 6)4 M 1 Y Property Owner: Address: a T ✓b-IJ Ll Address: Telephone: SQ�- 9S/ 03 79 Telephone: Email: YO 6 it•4 (AFA i k'L 0. (A" Email: Signature: / e�wt Signature: / 1 / (Attached consent letter is also acceptable) Date: •-J Date: If different from petitioner. Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. i Proposed work to be done at 160 Bridne St. The second section of what I am applying for is a variance from rear lot line. Where the two houses are positioned so close on the lot the do not comply with set backs. I am proposing to add a platform on the second and third floor of the back house, with one set of stairs going from the third floor of the back house to a deck that will be added to the second floor of the front house. Also a second set of stairs to continue from the second floor of the front house down to the existing first floor platform. The reason for this is to create a more useable egress from the third floor of the back house. Proposed work to be done at 162 Bridge St. The first section of what 1 am applying for is a special permit to add a third story 16x76 addition on top of the existing 1 't and 2"d floor. It will share the existing footprint and not exceed the existing roofline. Also the roof will extend over existing stairs to provide coverage from the elements. The reason a special permit+- vgnghc4- is needed Is because it is an R2 zone which allows for two and a half stories, and this addition will extend to three stories to match existing house. In adding this 16x16 addition and extended roof line, it would not only improve the look of the house, but it would add much needed square footage to the 3'd floor unit , and provide coverage to the existing exterior egress. i Letter of Hardship Due to the unusual shape of the lot, and the proximity of the buildings to the lot lines, we do. not fall within parameters of current set backs. When these houses were built the codes and set backs were not the same as they are now, therefore the second means of egress for the 3'd floor of the back house is an old winding staircase that impedes ease of egress. My goal is to provide a comfortable and safe means of egress for the existing unit. Both houses currently share easements for the stairs that exists between the two. That will not change, as I am just adding to it. The next step in this project is to turn the five units contained in these two properties into five individual condominiums sharing one association. Therefore the worry of shared easements will no longer be an issue. r F i� f v J` s y ' rhN t P r � t rf Mf �._ i t� r . � <ss f r � r �J i C 4 � c t All '0 !!11r \. ♦ L`E �ri'Er sR'n Ty � - G t F f f-i arc 6(j � v .�y6 Gl� 4a� a�99 N yrjyg P E 'FI` r, , � ✓} � E t C�(� ssr� 'tr rs k P [+'N Ft�f 1nF5k t tE EFq _9 F� t. EC+�e�reEa�1E EF`om ., l rVIRF 4�€f u �Ce P r rr fJP EE F E F 4s,tErF Og pi nt fie[` f{f9�e �9 .r• F ,f 3 r- Nt v r 4� r �r 1 1 r w t \ R F t Ed* n F k � x x �.1 5 t � Q, A, CITY OF SALEM, MASSA LCHUSETTS BOARD OF AP *10 Mia ,i 1j u �\ 120 WASH7NG'R7N SrRE.sr*Cn�FA•,MAssAalu � r'11 Tx :978-619-5685*FAx:978-740.0404 Kimmeiusv DRiscou: - MAYOR.— City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of ROBERT CAMIRE seeking a Special Permit per Sec. 3.3.3 Non-Conforming Sftdamy to allow an expansion of a non-conforming structure and Variances for relief from Sec. 4,t.l Table of Dimensional Requirements of the Salem Zoning Ordinance, from the rear yard setback and number of stories at the property located at 160-162 BRIDGE STREET (Map 35 Lot 35)(B-4 Zoning District). The public hearing will be held on WED. May 17, 2017 at 6:30 PM, 3`d Floor, 120 WASHINGTON STREET,Rm 313. Rebecca Curran Chair Board of Appeals Salem News: 5/3/2017&5/10/2017 This notice posted on "Official Bulletin Board" City Hall, Salem, Mass. on ldw, A)3' at \t,�,d fi.A in accordance with MdL Chap. 30A, Sections 18-25. \, BELL FUND V SALEM STA77ON LLC MP PLAN BOOK 337 PLAN 76 LOUIS & DEBRA PELLITIER 1 ` I �\ ZONING DISTRICT R-2 RESIDENTIAL - '"''T es¢nNc ENTRANCE CORRIDOR OVERLAY DISTRICT PArcMfNT ASSESSORS MAP 35 PARCEL 35 11 RECORD OWNER: L & J REALTY TRUST ROBERT&LUANNE CAMIRE, TRUSTEES DEED REFERENCE: BOOK 25466 PAGE 50 LOT 2 i 5,796± SF. 8 m 1 II 1 APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED SALEM PLANNING BOARD i ENTRANCE CORRIDOR OVERLAY JISIRIC4 T T1 APPROXIMATE LOCATION _ 45 HOWARD STI `�'�'� DATE LLC 1 0 I 1) v 1 � 1 yy 4.84' ORAZIO 5849O'R6'w G—� 2 t/2 SSUk+ l w & 1 p D+.ELLRrc `I $ LETTERIA NO. 162 OCCHIPINTI AID TLAN IS 6a5E0 CN ME REFEFENCA PUNS, DECO' OAR. ANU i1,CA''L S OF 4 FIELD SURo- AS OF THIS OAR. _ F �ly1I H NJ CER LO AC ION l5 INTENDED AS TO PROPERTY ADE EASEMEHi E4i A` LO T'£EXISTENCE OG UM'/RlT/FN OX UNRfCOROEti \t 1 .- faSEbiEVTS d — N63 r_02Ems_ _ IL 7� ---EASEE ENI ! 4ER .Y' T'ER FY 'HIS PLAN CONFLRMS j TO HU.-FS ES ANC. RECULA TIONS n. THE SUBDIVISION RE"JIST,R5 _ DEEOS OF 'llE COMMON— LUIS PEREZ , WE4f OF,ITSSACHUSETTs ,y a - ! �, PLAN OF LAND LILLIAN s LOT 1 LOCATED IN CABALLERO SALEM , MASS. b,i� 2,360 SF. 'r a A PREPARED AY �y EASTERN LAND SURVEY ASSOCIATES, INC. FOR REGISTRY USE ONLY CHRISTOPHER R. MELLO, PLS 5� 104 LOWELL ST. PEABODY, MA 01960 _ 1 z sroR. (978) 531-8121 No 160 SCALE: 1" = 1 O MAY 12, 2016 PREPARED FOR = L & J REALTY TRUST LZ-' e0 _— 30 w ,sse To HAward St, Ext 56521'52"W ~---- BRIDGE F 18083 STREET ,o ,�,,,0�,=_5� z - 37' 3' � N W 0. fl -n -n 11 O O 0 0 0 0 -------------------------------- --- LEE ------------------- --- 1 I I I 1 1 1 I 1 I I I I , , I I I m I 1 , , 1 I I I I 1 I 1 I 1 1 1 j I 1 I I az m 1 I I 1 I I I 1 1 I 1 02 V I 1 1 IfliIII IMP I I Q I u m - -' m --- uinlnlllii I 1 i I I Z ® T O. 1' 0 3 - ----- --------------,---- � - I w In p iI Z 23' 3' — o f m Bab S EF.X a: m �caW New Third FloorAddition & Existing Porch Reconstruction Ap;ll7,2m7 160-162 Bridge Street HH Design Group Architects Salem, MA 01970 1 Ticehurst Lane Marblehead, MA 01945 �Ma Al 781 639 3493 �Ty or David M. Haliotis, Assoc, AIA - •. . i llllIexisting vini cap .. III ■■■ ■■■ 11111�I) Sli ing as shown. II '�N I ! 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