18 BRIGGS STREET - ZBA I `3 E3 rt a�c�S S-'c�cee---�
, _ _
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Zonin Board Pro'ect Status Sheet
Address & Applicant: _d_; Qr�et
Date Submitted to BOA: _ -7/2 �i
6/ Clerk Stamp:
Variances Only - Constructive Approval Date. (Ioo days from filing)
Abutters List Requested:
P/ Abutters Notice Sent:
d Notice to Abutting Cities & Towns, Councillors: l
/i Legal Noticeosted at City
p Hall: 14 days before meeting)
Legal Notice Emailed mail
ed
& Confirmed:
Legal Notice Posted on Web:
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: B
Decision: IN ,? -ov e 6
Decision Filed: 8 31 Appeal Period Over:
after dccisimi filed) 1,21"dah
ld Decision Sent to Applicant:
Notice of Decision Sent to abutters, cities and to
councillors: 9/1/, ("
towns,
ZBA ACTION FORM
Date: Rebecca Curran (Chair
Mike Duffy
Petitioner: Tom Watkins
Peter Co elas
Address: Jimmy Tsitsinos
Jim Hacker(Alt.)
Paul Viccica (Alt.)
Conditions: Total: q-
10 Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. 1
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.
0 A Certificate of Occupancy is to be obtained.
10 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
number so as to be visible from the street.
full
U 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(501/o)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.
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CITY OF SALEM, MASSACHUSETTS
t \
- BOARD OF APPEAL
'��9��inmeoa?t UG"31" A & 21
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DmcoLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILL4
MAYOR fITYGL€(K>3A{:SK-11 ;'
August 31, 2016
Decision
City of Salem Board of Appeals
Petition of MATTHEW CORNELL seeking a Special Permit per Sec. 3.3.3 Nonconforming
Structures of the Salem Zoning Ordinance to reconstruct, extend and structurally change an existing
non-conforming rear deck at the property of 18 BRIGGS STREET (Map 18 Lot 507) (R2 Zoning
District)
A public hearing on the above Petition was opened on August 17, 2016 pursuant to M.G.L Ch. 40A, 4 11.
The hearing was closed on this date with the following Salem Board of Appeals members present: Peter A.
Copelas (Vice- Chair),Tom Watkins,Jimmy Tsitsinos,Paul Viccica (alternate).
The Petitioner seeks a Special Permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to
reconstruct, extend and structurally change an existing non-conforming rear deck.
Statements of fact:
1. In the petition date-stamped July 26, 2016, the Petitioner requested Special Permits per Section 3.3.3
Nonconforming Structures to reconstruct, extend and structurally change an existing non-conforming rear
deck.
2. Matthew Comell,petitioner,presented the petition.
3. In 1986, the existing non-conforming rear deck was constructed by special permit. The deck is
currently in poor condition and is located within three (3') feet of the rear property line and within
eight (8) feet of the side yard lot line.
4. The existing structure is 8' x 17' feet and includes a stairway.
5. The petitioner is proposing to reconstruct and extend a non-conforming 8'x 17' deck with an 8' x 20'
x 10' deck and stairway.
6. The existing deck is located within three (3') feet of the rear property line and within eight (8') feet of
the side yard lot line. The petitioner is proposing to extend the deck by one (1) foot along the existing
non-conforming distance within the required rear yard setback to square off the southwest comer.
7. The requested relief, if granted, would allow the Petitioner to reconstruct, extend, alter a non-
conforming rear deck.
8. At the public hearings one (1) member of the public spoke in favor and none (0) spoke in opposition
to the proposal.
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:
I
This notice posted on "Officia! Didletin Board"
City of Salem Board of Appeals City Hall Salem Mass. on wJ.
5t— aiAugust 31,2016
at '
Project: Is Briggs Street I ,� � in accordance v��Ih MGL Chap. :1)OA,
Page 2 of 2 Sections 18-25.
Findings for Special Permit:
The Board finds that the proposed modification will not be substantially more detrimental than the
existing nonconforming structure.
1. The Board finds that the reconstruction and expansion of the deck will promote safety and welfare as
the structure is currently hazardous and in poor condition.
2. The proposed deck is positioned at the rear of the residential lot with no impact on traffic flow, traffic
safety, or parking.
3. There will be no changes to utilities or public services related to the proposed deck.
4. The proposed deck fits with the existing neighborhood character.
5. The proposal conforms to the existing neighborhood character.
6. The potential fiscal impact,including impact on the City tax base is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Peter A. Copelas (Vice- Chair), Tom Watkins,Jimmy Tsitsinos, Paul Viccica (alternate)) and none (0)
opposed, to grant a Special Permit, to reconstruct, extend and structurally change an existing non-conforming
rear deck subject to the following terms, conditions, and safeguards:
Standard Conditions:
I. 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 the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy shall be obtained.
7. A Certificate of Inspection shall 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, 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 Massacbusetd General Laws Chapter 40A, and shall be filed within 20
days of fihig of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Cbapter 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 Soutb
Registry of Deeds.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
".. CITY OF SALEKMASSACHUSETTS
` BOARD OF APPEALS `2016 JUL 2b A
I r j 120 WASHINGTON STREET,3RD FLOOR
r SALEM,MASSACHUSETTS 01970 LE ;r
Thomas St.Pierre,Director of Inspectional Services CIT Y CLTt, ;,: .,.�!;, FSr't SS,
Phone:978-619-5641/ Fax:978-740-9846
KimBERLEY DRISCOLL Erin Schaeffer,Staff Planner '-
MAYOR Phone:978-619-5685/ Fax:978-740-0404 E C P � ("r'"'— -
TO THE BOARD OF APPEALS: JUL 26 2016
The Undersigned represent that he/sheis//are the owners of a certain parcel of land located at:
IS< nr r„�� �/ Irk g 7)EPT. OF PL.q 111^l ; i
Address: Zonin District.
- '� �=�c�UPrvlcrdr
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 can proposing to consb-uct a /0's 10'ane story addition to my home located at 3 Salem Lane, in the R-1 Zoning
District. The Zoning Ordinance requires the mininmm depth of the rear yard to be 30feet. Tire current depth of illy
rear yard is 32 feet:the proposed addition world reduce the depth of the rear yard to 21 feet.)
am proposing to replace a two-level deck constructed in 1986 with a new deck at my home located at 18
Briggs Street in the R-2 Zoning District. The 1986 deck was constructed pursuant to a Special Permit
that extended non-conforming side and rear setbacks. The proposed deck will reconstruct, extend and
structurally change the 1986 deck. The proposed deck will not encroach any further than the current
deck on any property line except that it will extend one foot closer than the 1986 deck to the southwest
property line.
For this reason I am requesting:
( )Variance(s) from provisions of Section of the Zoning Ordinance,specifically from
(i.e.minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is (ft?sq ft?stories? %?).
vQ'A Special Permit under Section 011"41 of the Zoning Ordinance in order to f r ciw d I r acf f
St(v(,4yV91
( )Appeal of the Decision of the Building Inspect r(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Usc:9—FAmILY (Ze Lot Dimensions Included?( 'Yes ( )No Why?
(Ecample:Teo Fan ih:Home)
The Undersigned hereby petitions the Board of Appeals to vary the terms ofthe 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.
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 Pennits.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; llC�
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment, including drainage;
e) Neighborhood character;and
0 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
rep'esentath,e.
or)
n1 1 ,,,, If different from petitioner:
Petitioner: Mn !ft (j-! l )Illey Property Owner:
Address: 'fa t/)/6 6f 'l Address:
Telephone: O %7 -L( 71 tY Z Telephone:
Email:
Signature: Signature:
(4
I/ nached consent letteisr a(sa accepmb(e)
Date: ZS to Date:
If differentfront petitioner:
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
City of Salem Massachusetts Board of Appeal
STATEMENT OF GROUNDS
TO THE BOARD OF APPEALS:
Address: 18 BRIGGS STREET Zoning District: R-2
Further to my application for a Special Permit,this constitutes my Statement of
Grounds demonstrating how the proposed deck is not substantially more
detrimental than the existing nonconforming deck to the neighborhood.
Community needs which are served by the proposal
The current deck is now over 30 years old and is at the end of its usable life. The
deck is built to an outdated building code and is beginning to show signs of
structural compromise. The new deck will promote the safety and welfare of City
inhabitants. Three children, ages 13, 10 and six currently live in my house,and my
82-year old father occupies the other unit in my home. The proposed deck is
positioned at and facilitates the use of the rear egress of both units,and will be a
safer means of accessing these essential rear exits. The new railings, stair pattern,
stair treads and other modern features will be safer for residents,guests, invitees
and licensees of our property.
Traffic flow and safety, including parking and loading
As the proposed deck is positioned at the rear of a residential lot with no
intersecting rights of way,there will be no impact on traffic flow,traffic safety,or
parking. It will permit both my family and my father increased convenience related
to loading items into our residences.
Adequacy of utilities and other public services
There will be no need for any additional utilities or public services related to the
proposed deck.
Neighborhood character
The proposed deck maintains harmony with the district in that it replaces a current
deck of nearly the exact same size and shape, conforms to the current use of our
property as a two-family residential property, and will not be detrimental in any
way to the neighborhood in much the same way that the 1986 deck was determined
not to be substantially detrimental to the neighborhood.
Impacts on the natural environment including view
As a replacement structure to be built onto an existing structure over currently
improved land,the proposed deck will have zero impact on the environment
surrounding my house. The proposed deck is at the rear of our home, overlooks a
vacant lot owned by a local business,and is viewable by a limited number of other
Salem residents as it is not easily viewable from a public way. The proposed deck
will be newer,cleaner, made of superior components and be more aesthetically
pleasing to view than the current 30-year old deck.
Potential economic and fiscal impact, including impact on City services, tax base,
and employment
In demolishing and carting away the old deck, and in building the new proposed
deck, a Salem-based business owned by a Salem resident will be employed,and
much of the building material will be sourced from the Salem Home Depot
establishment. The proposed deck may increase and enhance the property value of
my home,which in turn would positively impact the City's tax base.
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CITY OF SALEM, MASSACHUSETTS
00
BOARD OF APPEAL
AU6 —
120 WASHINGTON STREET♦ SALEM,MA��ACHIbUSETPS 01970
��{MINED i ;
"ISLE:978-679-5685 + FAX:978-740-0404,
KIMBERLEY DRISCOLL
MAYOR CIT Y
City of Salem
Zoning Board of Appeals
Will hold a public hearing for all persons interested in the petition of MATTHEW CORNELL seeking a
Special Permit per Sec. 3.3.3 Nonconforming Structures to reconstruct, extend and structurally change an
existing non-conforming rear deck at the property of 18 BRIGGS STREET (Map 18 Lot 507) (R2 Zoning
District)
The public hearing will be held on WED. August 17, 2016 at 6:30 PM, 3`d Floor, 120 WASHINGTON
STREET, Rm 313.
Rebecca Curran, Chair i'
Board of Appeals
Salem News: 8/3/16 & 8/10/16
This notice posted on "Official Bulletin Board"
City Hall, Salem, Maass. on AUG 0 3 2016
at jp/!J 1A;-1 in accordance with MGL Chap. 301A,
Sections 18-25.
ZONING DISTRICT: R2
PROPOSED 8' X 20' X 10' DECK
TO REPLACE EXISTING 8' X 17' DECK. M OF
REAR SETBACK NOT TO CHANGE. �T�
4� RALPHw
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ROD
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G , N�F No. zsazz
DOUGLAS DESROCHERo Ess
. 20 BRIGGS ST.
PARCEL ID: 35-0506-0
VJ
"I CERTIFY THAT THE DWELLING IS
�` LOCATED AS SHOWN. THIS PLAN WAS
e � ��• PREPARED FROM A TAPE SURVEY."
��QOj 1 1/2 STORY yzy w fZ�
WOOD
#18 RALPH W. REID P.L.S.
X�
4400±S F i)�J e �' 3.t GRAPHIC SCALE
ASSESSED 20 0 10 20 40 w
ti
EXISTING DECK gyp. PROPOSED DECK
IN FEET )
� 1 inch = 20 ft
0
SHED
SALEM , MASSACHUSETTS
PLAN OF LAND PREPARED FOR:
NSF MATTHEW & BETH ANNE CORNELL
GINA HEWITT N /F
16 BRIGGS ST. GEORGE W. FULL & SONS INC. 18 BRIGGS STREET
PARCEL ID: 35-0508-0 84 WAHINGTON ST. PARCEL ID: 35-0507-0
s PARCEL ID: 35-0516-0
REID LAND SURVEYORS
365 CHATHAM STREET `R
LYNN, MASSACHUSETTS J
PHONE #781 -592-2660
DEED REFERANCE: R16-051
BOOK 27910 PAGE 525 LTS DATE: JULY 26, 2016 SCALE: 1 "=20'
3
0
3
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