61 BROAD STREET - ZBA (� 1 T3�oad S-t-reet-
a
Zonine Board Proiect Status Sheet
Address & Applicant:
i s'cTe�t-
Date Submitted to BOA:
FV Clerk Stamp:
Variances Only - Constructive Approval Date. (100 days from filing)
d Abutters List Requested:
2/ Abutters Notice Sent:
Notice to Abutting Cities & Towns, Councillors:
ca' Legal Noticeosted at City
p Hall: (14 days before meeting)
r� Legal Notice Emailed & Confirmed:
2/ Legal Notice Posted on Web:
/Agenda to Applicant:
Applicant's email address or fax number to send agenda: ..
Opened at Meeting: e
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting:
Decision: G e
Decision Filed: Appeal Period Over:
after decisimi filed) L I (21"(1
EY'/Decision Sent to Applicant:
/de
d Notice of Decision Sent to abutters, cities and towns,
councillors: _
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ZBA ACTION FORM
IN, ni T.
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Date: I ebecca Curran (Chair)
(01 Mike Duffy
Petitioner: 44 Zc-c4),-6- s-vvCe ,� Tom Watkins
Peter Co elas
Address: Jinn Tsitsinos
Jim Hacker Alt.
Paul Viccica(Alt. 060
Con;d7,* * ns: Total:
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titioner shall comply with 0 city and state statutes,ordinancescodes and regulations.
construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
EAll requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
1JP1P itioner shall obtain a building permit prior to beginning any construction.
LJ E erior finishes of the new construction shall be in harmony with the existing structure.
certificate of Occupancy is to be obtained.
NJ 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.
❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not
limited to,the Planning Board.
El 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
BOARD OF APPEAL
M� 120 WASHINGTON STREET♦ SALEM,MAC;H175W9{IR '' OQ
KIMBERLEY DRISCOLL TELE:978-745-9595♦ FAX:978-740-9846
MAYOR - FILE N
PITY CLERK, SALEM, MASS
November 30, 2016 Decision
City of Salem Board of Appeals
Petition of CHRISTOPHER B. CRONIN, TRUSEE, seeking a Special Permit per Sec. 3.3.3
Nonconforming Structures to expand an existing rear deck and provide access to an existing second
floor unit by means of an exterior stairway at 61 BROAD STREET (Map 25, Lot 275) (R-2 Zoning
District).
A public hearing on the above Petition was opened on November 16,2016 pursuant to M.G.L Ch. 40A, § 11
and closed on that date with the following Salem Board of Appeals members present: Rebecca Curren
(Chair),Peter A. Copelas,Tom Watkins,Jim Hacker (alternate),and Paul Viccica (alternate).
The Petitioner is seeking a Special Permit per Sec. 3.3.3 Nonconforming Structures to expand an existing rear deck
and provide access to an existing second floor unit by means of an exterior stairway at the property.
Statements of fact:
1. In the petition date-stamped October 25, 2016, the Petitioner requested a a Special Permit per Sec.
3.3.3 Nonconforming Structures to expand an existing tear deck and provide access to an existing second
floor unit by means of an exterior stairway at the property.
2. Attorney Scott Grover presents the petition on behalf of the applicant.
3. The property is an existing two-family home in an R-2 Zoning District.
4. There is an existing nonconforming rear porch that is within the required 30' foot rear yard setback.
5. The petitioner is proposing to expand the second floor deck along the entire rear fagade and construct
an exterior stair to serve the second floor unit.
6. Currently, the property is a two-family home with access to both units through an interior common
hallway to create more interior space for the two (2) units.
7. The petitioner is also proposing to install a driveway where there is currently a landscaped side yard to
provide off-street parking spaces.
8. The requested relief, if granted, would allow the petitioner to expand an existing rear deck and
Provide access to an existing second floor unit by means of an exterior stairway.
9. At the public hearing, two (2) members of the public spoke opposition to and no (0) members spoke
in support of the petition.
City of Salem Board of Appeals
November 30,2016
Project: 61 Broad Street
Page 2 of 3
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:
5
Findings for Special Permit:
The Board finds that expansion of the rear deck and associated stairway will not be substantially
more detrimental than the existing nonconforming structure to the neighborhood.
1. The proposed extension of a non-conforming would not be more substantially detrimental than the
existing non-conforming structure to the impact on the social, economic or community needs served
by the proposal.
2. There are no impacts on traffic flow and safety,including parking.
3. The capacity of the utilities is not affected by the project.
4. There are no impacts on the natural environment,including drainage.
5. There are no significant impacts to the 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 Saicn Board of Appeals voted four (4) in
favor (Rebecca Curran, Peter A. Copelas, Tom Watkins, and Jim Hacker (alternate)) and none (0) opposed,
Paul Viccica (alternate) abstained, to expand an existing rear deck and provide access to an existing second
floor unit by means of an exterior stairway 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. Exterior finishes 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.
City of Salem Board of Appeals
November 30,2016
Project: 61 Broad Street
Page 3 of 3
�rQwo� ire., I
Rebecca Curren, 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 Massacbusetts General Lams Chapter 40A, and.shall be fikd Huth,,70
days of flog of this decision in the office of the City Clerk Pursuant to the Massacbusetts General Lams Chapter 40A, Section 11, the Varianx or
Special Peroutgranted herein shall not take ea until a copy of the decision bearing the certificate of the City Ckrk has been filed nuth the Essex South
Registry of Deeds.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
rGe PETITION FORM
CITY OF SALEM,MASSACHUSETTS
BOARD OF APPEALS
,a„ 2Qib OCT 25 P 3: 3
720 WASHINGTON ON S-.CRE,h'p,3 PL )C)R
` ivy SA]EM,NASSACHUSFTCS 01970 FILE
Thomas Sc Pierre,Director of InspectiCAT[YeGWER.K.SALEM.-MASS.
Phone:978-6195641 / Fax:978-740-9846
KtMnrRtrY DRISCOLL Erin Schaeffer,Staff Planner RECEIVED C9� ��
MAYOR Phone:978-619-5685 / Fax:978-740-0404 �R 99
TO THE BOARD OF APPEALS: OCT 2 5 2016
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:DEPT. OF PLANNING
Address:61 Broad Street Zoning District: R-2 COMMUNITY DEVELOPMENT
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.
L am proposing to consimci 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 be 30 feet. The current depth of m v
rear yard is 32 feet; the proposed addition would reduce.the depth of the rear yard to 22 feet)
The petitioner is proposing to expand an existing deck on the rear of the property in order to provide
access to the second floor unit by means of an exterior stairway to the expanded deck. The existing
deck does not con orm to the 30 tootrear yard setback and the expansion increases a noncon ormi y.
For this reason I am requesting:
O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e. minimum depth ofrearyard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is (ft?sq ft?stories? %?).
('✓J A Special Permit under Section 3.3.3 of the Zoning Ordinance in order to expand an
existing nonconforming structure
( )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:two family home Are Lot Dimensions Included?O 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 constmmcted 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:
O For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
i
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.
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.
If different front petitioner.
Petitioner:Christopher B. Cronin, Trustee Property Owner:Same as petitioner
Address:75 State Street, Newburyport Address:
Telephone:978-778-0583 (Bates) Telephone:
Email:joseph.l.bates@gmaii.com Email:
Signature: Signature:
(Altached consent leder is also neceptable)
Date:October 25, 2016 Date:
If difjerent from petitioner:
Representative: Scott M. Grover, Esq.
A TRUE Address:27 Congress St, #414, Salem, MA
ATTEST Telephone:978-745-8065
Signature:
Date:October 25, 2016
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
STATEMENT OF GROUNDS
The proposed expansion of the deck is not substantially more detrimental than the existing
nonconformity. The expansion of the deck will allow the second floor owners to access their unit
without the need to use a common hallway. It will not have any negative impact on traffic,
parking, the existing utilities or the natural environment. There will be no effect on the character
of the neighborhood and the fiscal impact of the conversion of this property to condominium
ownership will have a positive fiscal impact.
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CITY OF SALEM, MASSACHUSETTS
\` BOARD OF APPEAL
O'
\ / 120 WASHINGTON STReET♦ SAI..EM,MASSACHusin''S 01970
TELE:978-619-5685 FAX:978-740.0404
M NMERLEY DRISCOLL
MAYOR
City of Salem
Zoning Board of Appeals
Will hold a public hearing for all persons interested in the petition of CHRISTOPHER B. CRONIN,
TRUSEE, seeking a Special Permit per Sec. 3.3.3 Nonconforming Structures to expand an existing rear deck and
provide access to an existing second floor unit by means of an exterior stairway to the expanded deck. At the
property of 61 BROAD STREET (Map 25,Lot 275) (R-2 Zoning District).
The public hearing will be held on WED., Nov. 16, 2016 at 6:30 PM, in Room 313, 3"' at 120
WASHINGTON STREET.
Rebecca Curran, Chair
Board of Appeals
Salem News: 11/2/2016 & 11/9/2016
Remit Bill to:
161 Federal Street LLC
C/o Scott Grover, Esq.
27 Congress Street, Salem, MA 01970
(978) 745-8065
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREET SALEM,MASSACHUSETTS 07970
TELE:978-619-5685 FAX:978-740-0404
KirmERiEY DRuscou,
MAYOR
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City of Salem D
Zoning Board of Appeals a
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Will hold a public hearing for all persons interested in the petition of CHRISTOPHER B. CRONIN,
TRUSEE, seeking a Special Permit per Sec. 3.3.3 Nonconforming Structures to expand an existing rear deck and
provide access to an existing second floor unit by means of an exterior stairway to the expanded deck at 61
BROAD STREET (Map 25,Lot 275) (R-2 Zoning District).
The public hearing will be held on WED., Nov. 16, 2016 at 6:30 PM, in Room 313, 3`d at 120
WASHINGTON STREET.
Rebecca Curran, Chair
Board of Appeals
R
Salem News: 11/2/2016 & 11/9/2016
s
This notice posted on "Official Bulletin Board"
City Hall, Salem, Mass. on OU 3-1 2016
at /0-'/6-; Ai/ in accordance with MGL Chap. 30A,
Sections 18-25.
#� CITY OF SALEM, MASSACHUSETTS
A �I
� BOARD OF APPEAL
120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846
MAYOR
Notice of Decision
At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday,November 16,2016 at 6:30
p.m. at 120 Washington St., Salem,MA, the Zoning Board of Appeals voted on the following item:
Petition of CHRISTOPHER B. CRONIN, TRUSEE, seeking a Special Permit pet Sec. 3.3.3 Nonconforming
Structures to expand an existing rear deck and provide access to an existing second floor unit by means of an
exterior stairway to the expanded deck at 61 BROAD STREET (Map 25,Lot 275) (R-2 Zoning District).
Decision: GRANTED
Filed with the City Clerk on November 30,2016
This notice is being rent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9&15 and does not require action
by the recipient.Appeals, if any,shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20 days from the date which
The deasion was filed with the City Clerk
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NON�IT\�
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET* SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAx:978-740-9846
MAYOR
Notice of Decision
At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday,November 16,2016 at 6:30
p.m. at 120 Washington St., Salem, MA, the Zoning Board of Appeals voted on the following item:
Petition of CHRISTOPHER B. CRONIN, TRUSEE, seeking a Special Permit per Sec. 3.3.3 Nonconforming
Structures to expand an existing rear deck and provide access to an existing second floor unit by means of an
exterior stairway to the expanded deck at 61 BROAD STREET (Map 25,Lot 275) (R-2 Zoning District).
Decision:GRANTED
Filed with the City Clerk on November 30,2016
This notice is being sent in compliance witb the Massachusetts General Later, Chapter 40A,Sections 9&15 and doer not require action
by the recipient.Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and rball be filed within 20 days from the date wbicb
the decision was filed with the City Clerk.
ZONING DISTRICT - R2
PROPOSED
REQUIRED EXISTING DECK
SIDE 10 16't 16't
REAR 30 20't 1Tf
MAP 25 LOT 343
JOSEPH G. MANZI III
VALE ST.
(VACANT)
48.6� .
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20,*
MAP 25 LOT 274
59 BROAD STREET �; ,a,k , PROPOSED
REALTY TRUST tr landing head ;OEECK
PROPOSED
DECK &
STAIRS - = EXISTING
DECK
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DWELLING 2 1/2 STORY
M DWELLING
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,o MAP 25 LOT 275 -
e f AREA = 5700 t S.F. #63
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PORCH MAP 25 LOT 276
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ZONING BOARD OF APPEALS PLAN
61 BROAD STREET
2��P`jHOFMgSs9 SALEM
GAIL L. cym PROPERTY OF
I CERTIFY THAT THE BUILDINGS SMITH y 61 BROAD STREET REALTY TRUST
HEREON ARE LOCATED ON N0.35043
THE GROUND AS SHOWN. FcsT�ae° �` SCALE 1" = 10' OCTOBER 24, 2016
AN9 5 NORTH SHORE SURVEY CORPORATION
to Ly Ib 14 BROWN STREET - SALEM, MA
DATE PROFESSIONAL LAND SURVEYOR
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