29 CHESTNUT STREET - ZBA 2 q C hesA-nvt Sr4cee�
Zoning Board Prosect States Sheet
Address & Applicant:
Date Submitted to BOA: � 2 G3 1
&-" Clerk Stamp: t
Variances Only - Constructive Approval Date: (100 days from riling)
I/ Abutters List Requested:
/Abutters Notice Sent:
Notice to Abutting Cities & Towns, Councillors:
2/ Legal Notice posted at City Hall: (14 days before meeting)
�1 Legal Notice Emailed & Confirmed:
Legal Notice Posted on Web:
Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: 2 11 -7 It 6
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: 2 -� � �
Decision:
G-y-a ✓1+,f
Decision Filed: .3 2 l� Appeal Period Over:
after decision filed) (21"day
0/ Decision Sent to Applicant: � (p
v/ Notice of Decision Sent to abutters, cities and towns,
councillors:
s .
ZBA ACTION FORM rBOA1ZDiMEMBERS ;°,MOTIONi SECOND VOTE:`
Date: '-I 1 (oRrbecca Curr
Mike Duf
Petitioner: Tom Watkins
Peter Co Blas
Address: 201 Cin 5 Y��r S Jimm Tsitsinos
Jim Hacker(Alt.)
Total:
Conditions:
0P titioner shall comply with all city and state statutes, ordinances, codes and regulations.
70,11 construction shall be done as per the plans and dimensions submitted to and approved by the Building
ommissioner.
1 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
ietitioner shall obtain a building permit prior to beginning any construction.
iA
xterior finishes of the new construction shall be in harmony with the existing structure.
Certificate of Occupancy is to be obtained.
.Certificate of Inspection is to be obtained.
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.
❑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.
CTTY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
W—W
PETITIONFORM
CITY OF S4LEM,MASSACHUSETTS
BOARD OFAPPEALS `2010 jAIN 2b 'A ICtNA32
1209iINGTON STREET,3RDFLOORS4LEM,MASS4CI1Ug7TS01970TY CLCr ' L- < y;Thorresa.Flare,Director of Inspectional SsIvioes
Phone 97&619.5641/ Fac:978-740-9846 R
KRvI suZY DRisCOLL Erin S:ha&ry,Staff Flamer `E C E I V E D.
MAYOR Phone:978-619-,%M/ Fac 978-740.0904 ..
TO THE BOARD OF APPEALS JAN 26 2016
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: DEPT' OF PLANNING & 'l
Address: �ti CIno>fnvF S't , COMMUNITY DEVELOPMENT
1-AnZoning District: n R, -1—
An
application is being submitted to the Board of Appeal for the following resson(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 10' x 10' one story addition to my home located at 3 Salern Lane,1 n 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 22 feet)
b� .lC
S'
P ' gosed
A e
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
What is allowed is (i.e. minimum depth ofrearyard).
am proposing is (R?sq.R?stories? %?), and what I
(fi?sgft?stories 2AX %?),
A Special Permit under Section r of the Zoning Ordinance in order to
.bAvi/al dr ck
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'On
( )Appeal of the Decision of the Building Inspector(described below): P,r flc'>rf` r. l S`f��C•��� �
( O)Comprehensive Permit for construction of low or moderate income housing(describeC
'be below): �
a d,
Current Property Use: -"(4 rir-1
J1re Lot Dimensions Included? )yes ( )No Why?
(Example:7lvo Family omC) / \
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow P Z
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 �
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derogating from the intent and purpose of the Zoning Ordinance. o
fpm S
2
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:
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.
f 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 h 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.
( ) 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: Property Owner:
Address:
Address:
Telephone: Telephone:
Email:
Email:
Signature: Signature:
Date: (Attached consent Date: leper is olso acceptable)
Ifdifferent from petitioner:
Representative: h.6r- Cp 17 Q-V
A TRUE Address:—�? 3 Ch c 1'/ '
ATTEST Telephone: ?o 6 -- yr4
Signature: _
Date: 1-?6 -/ /
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk
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29 Chestnut Street
Impact of proposed rear deck:
A. Social, economic or community needs served by the proposal: There is
no expected impact other than the aesthetic improvement to a historic
structure that had some unfortunate modifications made to it in the I950s.
The proposed changes will remedy the changes made to the structure so
that it feels more true to the Federal style architecture of the building.
B. Traffic flow and safety, including parking and loading: The proposed
deck will improve safety for inhabitants of the dwelling as there are 2
large sliding doors that currently do not lead to a deck or balcony. Those
doors were installed in the 1950s when the structure was renovated. Our
understanding is that the deck was ultimately never completed as planned
(See photograph of existing doors that was submitted with the
application). The exterior of the existing structure has not been modified
or altered by the existing homeowner. There is no other expected impact.
C. Adequacy of utilities and other public services: There is no expected
impact.
D. Impacts on the natural environment, including drainage: There is no
expected impact, the current location is not wooded and is covered in
pavers with sufficient drainage.
E. Neighborhood character: While not visible from the street or the
neighbors, this will be a much-needed aesthetic update. The proposed
deck will be in keeping with the look and feel of the Federal style
architecture of the building. As_part of this project the homeowner plans
to replace the 1950s era sliding doors that currently do not lead out to a
deck or balcony. Full elevations/plans will be submitted to the Historic
Commission for approval_
F. Potential fiscal impact, including impact on City tax base and
employment: The only impact to the City will be any adjustments made
to the taxable valuation of the dwelling as a result of the proposed
addition/changes.
t;UNUIT,L,,.;
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
- A p
_ 120 WASHINGTON STREET* SALEM,MASSACHUSETTS 019416 MAR -� A S' 53
KiMBERLEY DRrscoLL TELE:978-745-9595 ♦ FAx:978-740-9846
G' rFILP
fiTY LE,c
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MAYOR r., S ': Ei�i. :1;SS
March 2, 2016
Decision
City of Salem Board of Appeals
A petition of MAURA MCGRANE seeking a Special Permit from the provisions of Sec. 3.3.5
Nonconforming Single and Two-Family Structures of the.Salem Zoning Ordinance to extend, alter
or change the structure to allow the construction of a rear deck at the property of 29 CHESTNUT
STREET (Map 25 Lots 240)(R1 Zoning District).
A public heating on the above Petition was opened on February 17, 2016 pursuant to M.G.L Ch. 40A, 4 11
and closed on that date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-
Chair), Mike Duffy,Tom Watkins,Jimmy Tsitsinos,Jim Hacker (Alternate).
The Petitioner seeking a Special Permit from the provisions of Sec. 3.3.5 Nonconforming Single and Two-Family
Structures of the Salem Zoning Ordinance to extend, alter or change the structure to allow the construction of
a rear deck.
Statements of facts:
1. Peter Cohen of PB + C,presented the petition on behalf of the applicant.
2. In the petition date-stamped January 26, 2016, the Petitioner requested a Special Permit from the
provisions of Sec. 3.3.5 Nonconforming Single and Two-Family Structures of the Salem Zoning Ordinance
to allow the construction of a rear deck.
3. The current property use is a single-family home located in an R-1 Zoning District.
4. The petitioner is proposing to construct a 14' x 19' rear deck off of the back of the existing non-
conforming structure within the side yard setback.
5. The existing structure is 2.7 feet from the side yard lot line. The proposed deck will be 3.1 feet from
the side yard lot line,where the dimensional requirement is 10 feet from the side yard setback.
6. The petitioner does not propose to increase the existing nonconforming dimension along the side
yard setback with the addition of the rear deck.
7. The requested relief, if granted, would allow the Petitioner to extend, alter or change the structure to
allow the construction of a rear deck.
8. At the public hearing one (1) members of the public spoke in favor of, or 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:
City of Salem Board of Appeals
March 2,2016
Project:29 Chestnut Street
Page 2 of 2
Findings for Special Permit:
The Board finds the proposed modification will not be substantially more detrimental than the
existing nonconforming structure to the neighborhood.
1. Social, economic or community needs served by the proposal are that the modifications are in keeping
with Federal style architecture of the building.
2. Traffic flow and safety,including parking and loading will not be impacted.
3. Adequacy of utilities and other public services will not be changed.
4. Impacts on the natural environment,including drainage will not be changed.
5. The proposed architectural style of the deck is in keeping with the existing architectural style of the
building and surrounding neighborhood.
6. Potential fiscal impact,including impact on the 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 five (5) in favor
(Peter A. Copelas (Vice-chair), Tom Watkins, Mike Duffy,Jimmy Tsitsinos, and Jim Hacker (alternate) and
none (0) opposed, to grant a Special Permit from the provisions of Sec. 3.3.5 Nonconforming Single and Two-
Family Structures of the Salem Zoning Ordinance to extend, alter or change the structure to allow the
construction of a rear deck, 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 pemrit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained
6. A Certificate of Inspection shall be obtained.
7. Petitioner shall obtain a street numbering from the City of Salem Assessor's Office and shall display
said number so as to be visible from the street.
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 Massachusetts General Lams Chapter 40A, and shall be filed within 20
days of fik'ng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Lams Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a ropy of the dedrion bearing the cer0ficate of the City Clerk bar been filed with the Essex South
Registry ofDeeds. -
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HISTORIC° Lyman Estate
185 Lyman Street
NEW ENGLAND Waltham,MA 02452-564S
te]781.891.4882
Definntgtieparr Shapingdiefuture. HistoricNeivEngland.org
February 16, 2016
Erin Schaeffer, Staff Planner
City of Salem Department of Planning and Community Development
120 Washington Street, Yd floor
Salem,MA 01970
Re;29 Chestnut Street, Special Permit petition of Maura McGrane to Zoning Board of Appeals
Dear Ms. Schaeffer:
Historic New England, an abutter of the above property as the owner of the historic 1821 Philips
House, 34 Chestnut Sheet,appreciates the opportunity to comment on the petition of Mauna
McGrane for a Special Permit for construction of a rear deck at 29 Chestnut Sheet,the 1822-25
Dodge-Shreve House,to be heard by the Zoning Board of Appeals on February 17.
My staff have reviewed the application materials and proposed design by ASB Architecture,
which delineate construction at the southeast corner of the house of a 14'x 19' deck at the
existing sliding doors on the south wall of 29 Chestnut Street,with the deck to be finished with a
classical urn balustrade and lattice below.It is our understanding that this proposal is subject to
Special Permit review because the historic siting of 29 Chestnut Street well off of the west side
property line puts it out of conformance with current zoning. We also understand that the
proposed deck, which will he publicly visible from Warren Street to the south,is subject to
further review and approval by the Historical Commission-as the property is located in the
McIntire Historic District.
The plans you forwarded electronically make clear that while Ms. McGrane's proposed deck
may be minimally visible from Chestnut Street, it is set well back on the property,behind a
projecting rear ell and its impact,if any, on the Chestnut Street frontage of the properly,would
be negligible. In addition,the proposed design appears to be suitably compatible to the
architecture of the Dodge-Shreve House. Historic New England therefore has no concerns that
this construction will affect the Philips House. Thank you again for the opportunity to comment
on this petition.
Sincerely yours,
(CW�ly
Carl R.Nold,
President and CEO, Historic New England
Cc: Melinda Huff,Museum Operations Manager,Philips House
HISTORIC EC E I V E D' Lyman Estate
IS Lyman Street
NEW ENGLAND FEB 222016 Waltham,MAOZ45=-5645
- tel 781.891.4882
Defining thep,=Shaping thefutum + HistoricNewEngland.org
. 6��$.®�PLANNINGff
@OMMU'hJllTf`U DEVELOPMENT
February 16, 2016
Erin Schaeffer, Staff Planner
City of Salem Department of Planning and Community Development
120 Washington Street, 3`d floor
Salem, MA 01970
Re: 29 Chestnut Street, Special Permit petition of Maura McGrane to Zoning Board of Appeals.
Dear Ms. Schaeffer: -
Historic New England, an abutter of the above property as the owner of the historic 1821 Philips
House, 34 Chestnut Street, appreciates the opportunity to comment on the petition of Maura
McGrane for a Special Permit for construction of a rear deck at 29 Chestnut Street, the 1822-25
Dodge-Shreve House, to be heard by the Zoning Board of Appeals on.February 17.
My staff have reviewed the application materials and proposed design by ASB Architecture,
which delineate construction at the southeast corner of the house of a 14' x 19' deck at the
existing sliding doors on the south wall of 29 Chestnut Street, with the deck to be finished with a
classical urn balustrade and lattice below. It is our understanding that this proposal is subject to
Special Permit review because the historic siting of 29 Chestnut Street well off of the west side
property line puts it out of conformance with current zoning. We also understand that the
proposed deck, which will be publicly visible from Warren Street to the south, is subject to
further review and approval by the Historical Commission as the property is located in the
McIntire Historic District.
The plans you forwarded electronically make clear that while Ms. McGrane's proposed deck
may be minimally visible from Chestnut Street, it is set well back on the property, behind a
projecting rear ell and its impact, if any on the Chestnut Street frontage of the property, would
be negligible. In addition, the proposed design appears to be suitably compatible to the
architecture of the Dodge-Shreve House. Historic New England therefore has no concerns that
this construction will affect the Philips House. Thank you again for the opportunity to comment
on this petition.
Sincerely yours,
Carl R. Nold,
President and CEO, Historic New England
Cc: Melinda Huff, Museum Operations Manager, Philips House
Erin Schaeffer
From: vtsdmailer@vt-s.net on behalf ofjlnmetsch@gmail.com
Sent: Wednesday, February 17, 2016 3:58 PM
To: Erin Schaeffer
Subject: [City of Salem MAI ZBA - Kim Youngworth, 14 Winter Street
Hello eschaeffer,
James Metsch (ilnmetsch(@gmail.com) has sent you a message via your contact form
(http://www.salem.com/user/326/contact) at City of Salem MA.
If you don't want to receive such e-mails,you can change your settings at http://www.salem.com/user/326/edit.
Message:
Dear Rebecca Curran,Chair, Members of the Board, City of Salem
Jamie Metsch and Kate Leavy here from 18 Oliver St, rear abutting neighbor to applicant.We would like to express our
approval of Kim's project and plans to expand the existing footprint and construct a rear addition to her home.
We witness the care Kim is taking to restore this older property and appreciate the needs to accommodate modern code
and living comforts.The finished result will be a compliment to both the historic and present neighborhood.
Respectfully
Jamie Metsch& Kate Leavy
18 Oliver St
Salem MA 01970
1
�,C0111�IT �
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
�1M1NE 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846
MAYOR
MEETING NOTICE
You are hereby notified that the Salem Zoning Board of peals will hold its regularly scheduled meeting on
Wednesday, February 17,2016 at 6:30 p.m. at City HallAnnex, RM 313, 120 Washington St., Salem,MA
Rebecca Curran, Chair
MEETING AGENDA
I. ROLL CALL
� d
II. APPROVAL OF MINUTES
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➢ August 19, 2015 o
➢ January 20, 2016 D
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III. REGULAR AGENDA °?
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Project A public hearing for a petition of seeking a Special Permit from the provisions of Sec.
3.3.2 Nonconforming Urex of the Salem Zoning Ordinance to allow the change from one
nonconforming use of a candy factory to another nonconforming use of residential
dwelling units.
Applicant SCHIAVUZZO REALTY LLC
Location 93-95 CANAL STREET (Map 33 Lots 164, 165)(B4 Zoning District)
Project A continuation of a public hearing for a reapplication seeking Special Permits from Sec.
3.3.3 Nonconforming Structures and 3.3.5 Nonconforming Single and Two- Family Residential
Structures and a Variance per Sec. 5.1 Off- Street Parking Requirements of the Salem Zoning
Ordinance to allow the conversion of a single-family dwelling unit to a two-family
dwelling unit and associated parking.
Applicant BLUE WATERS VERO LLC
Location 11 HERBERT STREET (Map 35 Lot 320) (R2 Zoning District)
Project A public hearing for a petition seeking a Variances requesting relief from Sec. 4.1.1 Table
of Dimensional Requirements of the Salem Zoning Ordinance, for relief from rear and side-
yard setbacks, minimum lot area per dwelling unit and minirnutm lot area to construct a
rear addition.
Applicant KIM YOUNGWORTH
Location 14 WINTER STREET (Map 35 Lot 88)(R2 Zoning District)
Page ] oft
City of Satem Board of Appeals
Agenda for February 17,2016 Meeting
Project A public hearing for a petition of seeking a Special Permit from the provisions of Sec.
3.3.5 Nonconforming Single and Two-Family Structures of the Salem Zoning Ordinance to
extend, alter or change the structure to allow the construction of a rear deck.
Applicant MAURA MCGRANE
Location 29 CHESTNUT STREET (Map 25 Lots 240)(R1 Zoning District)
Project A request for a six (6) month extension to exercise the rights granted by the March 4,
2015 Decision that approved Variances from the minimum lot frontage requirements,
lot area requirements, and lot coverage maximum requirements to realign lot lines for
parcels held in common ownership and to allow an increase in lot coverage maximum
for an existing residence.
Applicant MARIA and WAYNE MALIONEK
Location 23 JACKSON STREET and 17 VALE STREET (Map 25 Lot 661 and Map 25
Lot 660) (R2 Zoning District)
Project A continuation of a public hearing for a petition requesting a Special Permit per Sec.
3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change and existing
nonconforming use of a social club to another nonconforming use of eighteen (18)
residential units. The petitioner is also requesting Variances for relief from Sec. 4.1.1
Table of Dimensional Requirements for minimum lot area per dwelling unit, minimum lot
frontage, minimum lot coverage, front and side yard setbacks, minimum distance
between buildings, and number of stories.
Applicant MICHAEL MEYER
Location 1-3 EAST COLLINS STREET (Map 36 Lot 277)( R1 Zoning District)
IV. OLD/NEW BUSINESS
107 FEDERAL STREET -Vote to authorize execution of Agreement for Judgment in the Superior Court
action, Arlander v. Sinclair, CA No. 2014-1050B as recommended by City Solicitor's Office.
V. ADJOURNMENT
This notice posted on "Officir�guU ji jftard"
City Hall, Salem, Mass. on 11 ®®
at 6'344H in accordance with MGL Chap. 30A,
Sections 18-25.
Page 2 of 2
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3.3' MICHAEL SELBST
BRADLEY WILLIAMS
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