7A BUFFUM STREET - ZBA ;�e� �, 2
r
Legal Notice_
7EP1- CITY OF SALEM
BOARD OF APPEAL i
978.745.9595,Ext 361
-will hold a public hearing for all per
sons interested in the petition submit
103 ted by DAVID SAIA requesting a Spey
cial Permit to extend a nonconform-
ing
onconform Ing use from a single-family to a'
the two-family for property.at 7A Buhum
has Street I.Said hearing will be held on"
'icu- Wednesday,June 18,2003, at 6:30
} of p.m., 120 Washington Street, 3rd '
ped, floor,Room 313.
jof Nina Cohen,Chairman
nd (6/4,11)
of
is
e .
�coxar CITY OF SALEM, MASSACHUSETTS
it ��' BOARD OF APPEAL CLc8 'C 'e Cr Lrq
gj 120 WASHINGTON STREET, 3RD FLOOR FIC,
SALEM, MA 01970
TEL. (978) 745-9595IOOJ
q� FAx (978) 740-9846 f`r L ^
STANLEY J. USOVICZ, JR. " w 3r,
MAYOR 4
DECISION ON THE PETITION OF DAVID SAIIA REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 7 A BUFFUM STREET I
A hearing on this petition was held on August 20, 2003 with the following Board
Members present: Richard Dionne Nicholas Helides, Stephen Harris, Joan Boudreau
and Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices
of the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner requests a Special Permit to extend a non-conforming use from a single family
to a two family dwelling for the property located at 7A Buff um Street located in a I zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
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.
The Board of Appeal: after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact
DECISION ON THE PETITION OF DAVID SAIA REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 7A BUFFUM STREET I
page two
1. Petitioner appeared on the July 16, 2003 meeting and presented his plans and
background of the property.
2. The Board of Appeals requested a parking plan and had the petitioner come back
to the next meeting.
3. Plans were presented showing the proposed parking plan. .
4 Discussion was held to determine a limitation to the total number of registered
and inspected vehicles permitted to be parked on site.
5. The petitioner requested a limit of 20 cars. The Board determined that the request
would completely cover the site with vehicles.
6. Resident John Pelosi of 2 Walter Street commented that the city should not allow
uninspected vehicles to be parked on the premises. He further commented that
making a restriction based on registered vehicles would allow a loophole.
7. The Board limited the number of registered and inspected vehicles to 14, parked
outside of the building structure.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows;
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the
relief requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and safety shape C-D
Strictly adhered to.
c
3. All construction shall be done per plans and dimensions submitted. N)
0- J'
4. Petitioner shall obtain a building permit prior to beginning any construction. D
=:
w rn.F
Z
f
V7
DECISION OF THE PETITION OF DAVID SAIA REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 7A BUFFUM STREET I
page three
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. Petitioner shall obtain a Certificate of Occupancy.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
8. Maximum of 14 currently registered and inspected vehicles allowed to be parked at
the exterior on site at any point in time.
' Special Permit Granted � d e
August 20, 2003 / k D� �/^ /( S
Nicholas Helides �CV-VA
Board of Appeal
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 MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
0
w
c
c,
N
W >
U} C<
P. l
01/20/09 MON 18:58 FAX 178127807 DAVE PERMING +44 RRAFP ULL 0002
0/0 /,v ,/, U cl,` .
DAVID FLEMINC & ASSOCIATES A )RTGAGE INSPECTION PLAN
MNb SVNWOM 7hls p, i was not done wlth an Instrument surve},
38 POND SMUT FAX and' to be used far mortgage purposas only%
(lar) are—atas STONEHAM, MASS. (Yat) 27a—ores D. rF:/—�'Gt3_ SCALE. i"=-16'
I certify that this dwelling is located approximately as Town and eanfonned to n
the zoning bylaws of the ?own at g
when constructed and Is not locotad in e o�
G'dGA�iTGL�O �'d.• Alain ;!hrd zona. a .
D•sed dt Plan Reference
MrS�X County Reg. of Deeds . g
BOOK S6z// PAGE Sysg
v
Ggr/G. ,e9Gac.G
yf
' - y
v
i � r
byte of k��Y
7i9 � su
f
N�5 rQ H
fsTER 41+pO
NO'suR��
f�lc.�FGlr>'J Six° ET
.JaSE�PH L��^
ta6�ts5�
NEW EXTERIOR STAIR TO EXTEND DOWNQG(�'TE�v
AND JOIN WITH EXTISTING STAIR
PLATFORM. ALT RNATE: STAIR TO � G '
CONTINUE TO GRADE BELOW. ELEVATION a '
CHANGE FOR STAIRS NOT TO EXCEED ARCHITECTS, ENGINEERS,
12'-0" WITHOUT INTERMEDIATE PLATFORM INTERIORS,LAND PLAWERS
ONE ELM SQUARE
ANDOVER MA 01810-36 4 3
EXISTING PLATFORM TO BE EXTENDED T. 978.4703675
NEW EXTERIOR STAIR: PT 2x12 STRINGERS
TO ACCEPT NEW LANDING FROM STAIRS F. p:/ww .1aer
ABOVE. VERIFY LOCATION AND l3 REQUIRED) w/ 5/4"xb" PT DECKING. PT http:/www.lagra ee.
DIMENSIONING IN FIELD POSTS TO CONCRETE PIERS BELOW. E-MAIL. JDL IeAOL
RAILINGS TO BE 34" HIGH w/ 1 1/2"
BALUSTERS e 5" O.C.
NEW EXTERIOR DECK: PT 2x10 JOISTS a 16" O.G. w/ E
5/4"xb" PT DECKING. PT POSTS TO BE SECURED TO
STRUCTURE BELOW AND FLASHED. RAILING TO BE 42" EXISTING STEPS tEaj
HIGH w/ 1 1/2" BALUSTERS a 5" O.C.. TO GRADE ]IT,
02
— PT 4x4 POST e
EXISTING STRUCTURE
DBL RIM JOISTA PT bxb POST --- - PT 4x4 POST ON
PT RAILING5 ! fr1 8" CONCRETE PIER
BALUSTERS MUD
ITYP
m O J
�n
8 PT 2xIO'S a 16" O.C. 0 o ROOM
w/ JOIST HANGERS N BATH NEW BASEFhENT
ACCESS
N
I
STEPS UP
AS REQUIRED
KITCHEN LAYOUT
KITCHEN DESIGNED BY OTHERS
I I
KITCHEN LAYOUT KITCHEN
DESIGNED BY OTHERS
CEILING ASSEMBLY THROUGHOUT
i/
THE FIRST FLOOR DWELLING UNIT
SHALL BE CONSTRUCTED WITH
I
5/8 TYPE X GW-B,
i
i
BATH O
EXISTING STAIR FLIGHT TO
o O F BE REMOVED FROM O
KITCHEN AREA. PARTITION
TO BE INFILLED Z w
STAIRS D STAIRI U + W
STAIRS TO BE REDIRECTED . W
FOR USE BY SECOND I rn .� ►�
FLOOR DWELLING I vJ r— Q
w C/)
NEW�I UNITS TO TO 8E LL TWEENDWE — -
CONSTRJCTED WITH 5/8" TYPE X
GRUB. ON EACH FACE
2nd FLOOR let FLOOR
ENTRY HALL ENTRY HALL
a
o �
/ z z
O
V 0
- m
F- LL
z r
z V) Z
0 r
- 2 NEW ENTRANCE DOORS. U 0 W
EXISTING OPEN NG SHALL Y
BE U7I1-17ED FCR THE :y i i O ^FIRST FLOOR DWELLING, ~
UNIT. A NEW OPENING w t
SHALL UTILIZED FOR THE M tD
---- SECOND FLOOR DWELLING L o
o
0 ^^
� c
o
o -
m U —
O •
CL — —
L
d V
O
p C C
0 0 p x
SECOND FLOOR DWELLING UNIT 2 FIRST FLOOR DWELLING UNIT K7� m - -:2 of
SG LE: 1/4"s1'-0" AID SGA' E I/4"=I'-0" AID m o n a o g o
,n •' v xt � c
-A
1
O O
p ` O 4-
m pJ1C Emz o n
E 6 L s 40 3 H o
revisions
1 MAY 13, 2003
mk.1 date
date APRIL 25, 2003
scale AS NOTED
o no. app .
heet no.
Al wO
La,.,6s55E
N
NEW EXTERIOR STAIR TO EXTEND DOWcc,
AND JOIN WITH EXTISTING STAIR
PLATFORM. ALTERNATE: STAIR TO
CONTINUE TO GRADE BELOW. ELEVATION
•,n �� R.
GRANGE FOR STAIRS NOT TO EXCEED
12'-0" WITHOUT INTERMEDIATE PLATFORM ARCHITECTS, ENGINEERS,
INTERIORS, LAND PLANNERS
ONE ELM SQUARE
ANDOVER MA 01810- 43
EXISTING PLATFORM TO BE EXTENDED T. 1318.4101*15
NEW EXTERIOR STAIR: PT 2x12 STRINGERS F. 918.410300
TO ACCEPT NEW LANDING FROM STAIRS (3 REQUIRED) w/ 5/4"xb" PT DECKING. PT htt /www.Ia rasse.ccm
ABOVE. LOCATION AND POSTS TO CONCRETE PIERS BELOW. E-MAIL. JDLAI
DIMENSIONNINGING IN FIELD RAILINGS TO BE 34" HIGH w/ 1 1/2"
NEW EXTERIOR DECK: P7 2x10 JOISTS m Ib" O.G. w/
BALUSTERS A 5" O.C.
5/4"xb" PT DECKING. PT POSTS TO BE SECURED TO
STRUCTURE BELOW AND FLASHED. RAILING TO BE 42" EXISTING STEPS
HIGH w/ 1 1/2" BALUSTERS e 5" O.C. TO GRADE
PT 4x4 POST 6 1 \ m000�
EXISTING STRUCTURE
DBL RIM JOIST PT 6x6 POST PT 4x4 POST ON db
PT RAILINGS t—
O
- - - - 8" CONCRETE PIER
/
BALUSTERS O
`-n `-n MUD
I
(TYP.)
O PT 2x10'$ a I6" O.C. 0 ROOM
r w/ JOIST HANGERS rio II '`
W I BATH NEW EASEMENT
ACCESS
N
STEPS UP
AS REQUIRED
KITCHEN LAYOUT
KITCHEN DESIGNED BY OTHERS
KITCHEN LAYOUT KITCHEN
DESIGNED BY OTHERS
CEILING ASSEMBLY THROUGHOUT
THE FIRST FLOOR DWELLING UNIT
I SHALL BE CONSTRUCTED WITH
f 5/8 TYPE X G W$
BATH ►�{
4m
EXISTING STAIR FLIGHT TO - F�� Mph
o O ( BE REMOVED FROMF1
-�
KITCHEN AREA. PARTITION f
TO BE INFILLED !, Q
STAIRSp
STAIR U
STAIRS TO BE REDIRECTED - --
F--i
17
FOR USE BY SECOND �t
FLOOR DWELLING
� u III
NEW DEMISING WALL BETWEEN
DWELLING UNITS TO BE
CONSTRUCTED WITH 5/8" TYPE X
G.W$. ON EACH FACE
2nd FLCOR Ist FLOOR t is
ENTRY HALL ENTRY HALL
a
o �
z z O
o o Ou N
U o J
m
LJL
z 1-
c/)Zt- D Z
o �
U Z
2 NEW ENTRANCE DOORS. U W
EXISTING Of EN'NG SHALL Y M !^
! BE UTILIZED FOR THE Of vJ ^^
FIRST FLOOR DWELLING NITF O LJ..
U . A NEW OPENING o- 00 ^
SHALL UTILIZED FOR THE 7 toto
LJ..
— SECOND FLOOR DWELLINGO
`o
w
v
m c
0 o
o -
a o �
� U —
� O
a — -
t
n ;
c w
SECOND r-LOOR DWELLING UNIT 2FIRST FLOOR DWELLING UNIT I " ° x
° Nr a � =
((1 0 ` 3
m o N n c
( c o n w v
N y N n N J ~ J
O O N V
f O ,i YI V W N
` V _
C V ; � O C O
l O
E
revisions
1 MAY 13, 2003
mk. date
date APRIL 25, 2003
scale AS NOTED
job no. appd.
sheet no.
Al wO