43 CHESTNUT STREET - ZBA 3 si ►u,�-I- SA-
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q CITY OF SALEM, MASSACHUSETTS
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�$t BOARD OF APPEAL
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120 WASHINGTON STREET. 3RD FLOOR
=� SALEM. MASSACHUSETTS 01970
9 t�� TELEPHONE. 978-745-9595
FAX. 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
ZF „! -S p 2 00
June 5, 2008
Decision
City of Salem Zoning Board of Appeals
Petition of JOHN FIFIELD seeking a Variance from minimum side
yard width to construct a 17' x 27' garden room along the easterly lot
line at 43 CHESTNUT STREET (R-1).
A public hearing on the above Petition was opened on May 21, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on May 21, 2008 with the
following Zoning Board members present: Robin Stein (Chair), Rebecca Curran,
Elizabeth Debski, Annie Harris and Bonnie Belair(Alternate).
Petitioner seeks variances pursuant to the following sections of the Salem Zoning
Ordinance: Table L• Residential Density Regulations.
Statements of fact:
1. The petitioner, John Fifield, is the owner of 43 Chestnut Street a property located
in the Residential One Family(R-1) Zoning District.
2. The petition is accompanied by a plan entitled, "Plan of the Laught and Sanders
Estates", prepared by Thomas Appleton, and dated December 1924. On this plot
plan the petitioner has drawn what is to be demolished and what is proposed.
Additionally, the petition is accompanied by scaled drawings of the garden room
elevations and site plan.
3. The petitioner is proposing to construct a 17' x 27' garden room at the rear of his
residence with an easterly side yard width of 0'. A minimum side yard width of
10' is required; the petitioner is seeking a variance from minimum side yard
width.
4. The existing historic federal style structure is split in the center by a lot line
separating 41 Chestnut Street and 43 Chestnut Street. Both properties currently
have rear additions to the main structure that lie on the common lot line. Richard
Jagolta, owner of 41 Chestnut Street submitted a letter in support of the petition.
5. A letter of support was submitted by Mark Audette (395 Essex Street).
6. A letter of support was submitted by Bruce Goddard (17 Flint Street), John Casey
(17 Flint Street), Martha Chayet (19 Flint Street), and Neil Chayet (19 Flint
�.. 2
Street). The letter raised concerns about parking congestion on Flint Street and
requested that construction vehicles be limited from parking on Flint Street.
7. There were no members of the public who commented on the proposal at the
public hearing.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The historic structure, which is a double residence spanning two separate lots is a
unique condition affecting the locus and structure, not generally affecting other
lots in the in the Zoning District.
2. The layout of the historic property makes the proposed location for the garden
room the most suitable location. A literal enforcement of the provisions of the
City of Salem Zoning Ordinance would result in substantial hardship financial or
otherwise to the petitioner.
3. The proposed addition would not be out of character with structures existing in
the neighborhood. Currently, there is a side yard width of 0' on both sides of the
common lot line. Therefore, desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially derogating
from the intent or purpose of the ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. To allow for the 17' x 27' garden room, the petitioner may vary the terms of
the Salem Zoning Ordinance, specifically the requirements for minimum lot
width to allow a minimum lot width of 0'.
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Debski, Curran, Stein, Harris, and Belair) and none (0) opposed, to grant petitioner's
requests for variances subject to the following terms, conditions, and safeguards:
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.
J. 3
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of new construction shall be in harmony with the existing
structure and shall meet the requirements of the Salem Historical Commission.
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.
9. The petitioner shall make every effort to prevent construction vehicles from
parking on Flint Street, though active loading
(and
�unloading shall be allowed.
Robin Stein, Chair
Salem Zoning 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 filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws 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 with the Essex South Registry of Deeds.
Richard Jagolta
41 Chestnut Street
Salem, Massachusetts 01970
May 18, 2008
City of Salem Zoning Board of Appeals
Salem Historical Commission
120 Washington Street
Salem, Massachusetts 01970
Attention: Robin Stein, Chair;Jane Guy, Clerk
Re: Fifield Proposal for Garden Room for 43 Chestnut Street
Dear Chairpersons and Members,
I am the easterly abutter of the common lot line between 41 and 43 Chestnut Street. and I
endorse without reservation the Fifield applications for a zero side yard lot line offset variance at
the Salem Board of Appeals and for a certificate of appropriateness from the Salem Historical
Commission.
I make the following points in support of the Fifield applications -
I. Both sides of this double house have handsome gardens with a strong central axis that
make the properties attractive and historically significant.
2. Both properties currently have additions to the main houses that lie on the common lot
line with zero side yard offset.
3. The variance is requested to undertake new construction replacing the existing addition at
43 Chestnut Street on its same footprint and in part on the footprint of the previous
historic shed at 43 Chestnut Street shown on the 1924 certified survey.
4. I have reviewed the design and construction plans with the Fifields - the side lot location
of the garden room is historically appropriate, the design is handsome and in the Federal
style and the construction plans have anticipated all normal concerns for foundation
stability, drainage and historical appropriateness.
The timely execution of this project will be of substantial benefit to the property and the
neighborhood - and will add to Salem's tax base. Thank you for your favorable consideration of
these applications.
Sincerely,
Richard Jagolta
May 8, 2008
Robin Stein
Chair
Board of Appeals
City of Salem
Re: Petition of John Fifield, 43 Chestnut Street
Dear Ms. Stein,
I have reviewed the plans of John Fifield to construct a 17x27 garden room along the
easterly lot line at 43 Chestnut Street. This neighborhood has achieved so much of its
charm as a result of such additions throughout the past two centuries. I believe this
addition will be in keeping with the neighborhood and should not be considered to be
detrimental. I support the petition as an abutter.
Sincerely,
Mark Audette
395 Essex Street
Salem, MA 01970
May 19, 2008
Salem Historical Commission, Jane Guy, Clerk y�1'�g91Nd
City of Salem Zoning Board of Appeals, Robin Stein Chair
120 Washington Street
Salem, MA 01970 ® �
Dear Ms. Guy and Ms. Stein:
We are writing in support of the application by Cynthia Williams and John Fifield for an
addition to their home at 43 Chestnut Street. We hope you will approve this proposal and
that they will enjoy the new room and garden space for many years to come.
We would however like to share our concern regarding parking congestion on Flint
Street, which is only 18 feet wide with one way traffic and one lane for parking on our
side of the street. The access point for their construction workers and materials will
likely be through the garden gate on Flint Street, opposite our homes. We would ask you
to consider our request that construction vehicles avoid taking all of the parking spaces
on Flint Street in front of our homes. We have discussed the parking problems with John
Fifield, and he has agreed to notify their contractors not to park at our doorways,
driveway and gates, unless actively loading or unloading materials. In order to keep our
lives on track during what we hope will be a smooth and expeditious construction period,
we would appreciate having access to the front of our homes in so far as possible.
Thank you very much for considering our request and once again, we offer our support
for Cynthia Williams and John Fifield's project.
Sincerely,
Bruce Goddard, 17 Flint Street
14 4r'-�
Jo Casey, 17 Flint Street
Martha Chayet, 19�eet
Neil Chayet, 19 Flint Street
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Zoning Board Project Status Sheet
Project Address:
Applicant:
b Date of Application': 2 D O
Date Opened at Meeting: 5 21
Date of Continued Meetings:
4
Extension Form Signed? ❑ Yes, date: �No / n/a
Legal iNotice Sent: �6 Publication Dates:
f (Abutters List Requested'q 0S v
Abutters Notices by
Notice of Decision Sent: D
Decision Filed: b Appeal Period Over: