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49 FELT STREET - ZBA '-t 9 Fe\-t� s'��e�t- r y I . Zoning Board Proiect �taLus Sheet Address & Applicant: 14 q Date Submitted to BOA: 0"' Clerk Stamp: ' Variances Only - Constructive Approval Date: (1oo days from f;i;" ZBA ACTION FORM Date: Rebecca Curran(Chair) Mike Du Petitioner: L4 A� TOM Watkins Peter Co elan Address: Jimm Tsitsinos Jim Hacker(Alt. Paul Viccica(Alt) Conditions: Total: El Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. El All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. EJ All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ElPetitioner shall obtain a building permit prior to beginning any construction. El Exterior finishes of the new construction I shall be in harmony with the existing structure. EJ A Certificate of Occupancy is to be obtained. 11 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. El 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(5001e)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. �ONDIT qQis� CITY OF SALEM, MASSACHUSETTS n Tri m, a F! BOARD OF APPEAL 120 WASHINGTON STREET 4 SALEM,MASSACHUSETTA470 28 P �. ob KIMBERLEYDRIscoLL TELE:978-745-9595 ♦ FAx:978-740-9846 , MAYORGITY<6LERK SALEM,MASS. September 26, 2016 Decision City of Salem Board of Appeals Petition of JOAN DONOVAN OLIVER and THOMAS M. CITRINO seeking a Special Permit per Sec. 3.3.5 Nonconforming Single- and Two-Family Residential Structures to expand the nonconforming structure at the property located at 49 FELT STREET(Map 27 Lot 585)(8-1 Zoning District) A public bearing on the above Petition was opened on September 21, 2016 pursuant to M.G.L Ch. 40A, § 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chau), Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos, Mike Duffy, and Tom Watkins. The Petitioner seeks a special permit per Sec. 3.3.5 Nonconforming Single- and Two-Family Residential Structures to expand the dimensionally nonconforming structure. Statements of fact: 1. In the petition date-stamped August 25, 2016, the Petitioner requested a special pemut per Sec. 3.3.5 Nonconforming Single- and Two-Family Residential Structures. 2. The property is located in an R-1 Zoning District and the building is dimensionally non-conforming as to the side yard setback. 3. The petitioner is proposing to build a 12 x 12 three season porch and extend along an existing non- conforming side wall of the house and a 9'x16' open air rear deck. 4. The petitioner originally received a building permit for a deck, but constructed a three season porch and non-enclosed rear deck. a 5. The requested relief, if granted, would allow the petitioner to keep the already constructed three season porch and rear deck. 6. At the public hearing, no (0) members of the public spoke in opposition to the petition or in favor of 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, makes the following findings: Special Permit Findings: 1. There are social, economic and community needs served by the proposal 2. There will be no impacts to traffic flow and safety,including parking and loading 3. There will be no impact to the adequacy of utilities and other public services 4. There will be no impacts on the natural environment,including drainage 5. The three season porch and associated deck fit with the existing character of the neighborhood. City of Salem Board of Appeals September 26,2016 Project:49 Felt Street Page 2 of 2 6. The potential fiscal impact,including impact on City and tax base and employment is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Rebecca Curran (Chair),Peter A. Copelas (Vice-Chau),Jimmy Tsitsinos,Mike Duffy, and Tom Watkins) and none (0) opposed, to approve the special permit to expand the non-conforming structure subject to the following terms, conditions and safeguards: Standard: 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. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained. 7. A Certificate of Occupancy 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. Rebecca Curran, Chau 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 Masrachurettr General Lows Chapter 40A, and shall be filed n ithin 20 days of fr4'ng of this deaston 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. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM CITY OF SALEKMASSACHUSETTS BOARD OF APPEALS �iag �''` 120 WASHINGTON STREET,3ao FLOOR 2016 AUG 25 P 12� 33 SALEM,MASSACHUSETTS 01970 r,.tF fn« . N 1>D � Thomas St.Pierre,Director of Inspectional Services CITY CI EF*.-S EI'1. tti.1nS`v Phone:978-619-5641/ Fax:978-740-9846 KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner a. MAYOR Phone:978-619-5685/ Fax:978-740-0404 TO THE BOARD OF APPEALS: RiEFc P°- The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: /� �� ri•,,;, y Address:__ �e l h Srr�� Zoning District: K- JAU� 25 2n,, DEpr An application is being submitted to the Board of Appeal for the following reasonft)This�statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirementsr(Examp/e:g lam proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zonihkl✓L NT 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) Ilk AB 0S'A 6 at 1,3 I;.'- ax 12 h.) or) D tm -fc Z ya ff !/I G �: 1r OtAf -0-1 iS t/» Sloe j.4 I o e- 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 -7 (ft?sq ft?stories? %?). (A A Special Permit under Section 3.3.� /off the Zoning Ordinance in order to Cf /Z1C1ZI &� /- U1Iq d 06dyl a (tn1U " O 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. 41At 14 /11 Are Lot Dimensions Included?( )Yes O No Why? (Example:Tlvo Family ome) The Undersigned hereby petitions the Board of Appeals to vary the terms of the 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 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 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 representative. j r ^,11 JJOA1Al 'JOI wow Mi✓t2 Ifdifferentfrom petitioner. Petitioner: / rN/31A! CC/) 64440 Property Owner: Address: fie. k64 Address: Telephone: 97s" Telephone: Email: JAJ / 01'u Ot✓tR Ai .COf'1Email: Signatur . �, Signature: (Attached consent letter is also acceptable) Date: �'j Date: Z ( Z�( If different from petitioner: Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must befiled with the City Clerk. ROOSEVELT ROAD 50.0' LOT 49 AREA = 5000 t S.F. SHED - --- - ----------- - .. ----- ---- A v LOT 50 LOT 48 o DECK b 0 0 0 0 2 STORY DWELLING #49 7't PORCH 50.0' FELT STREET REFERENCE: THIS PLOT PLAN WAS NOT MADE FROM AN INSTRUMENT SURVEY AND IS FOR DEED: REC. BK. 12668 PG. 92 THE PURPOSES OF THE BANK ONLY. PLAN: PL BK. 24 PL. 19 UNDER NO CIRCUMSTANCES ARE OFFSETS TO: EASTERN BANK TO BE USED FOR ESTABLISHMENT OF FENCES, WALLS, HEDGES, ETC. I CERTIFY THAT THE BUILDING SHOWN HEREON IS LOCATED ON THE GROUND AS SHOWN AND IT CONFORMS TO THE HORIZONTAL DIMENSIONAL REGULATIONS MORTGAGE INSPECTION PLAN OF THE ZONING BYLAWS OF THE CITY OF SALEM LOCATED AT AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDER - 49 FELT STREET GENERAL LAWS CHAPTER 40A SECTION 7. SALEM I ALSO CERTIFY THAT THE PREMISES SHOWN ARE NOT �P`SHOFMgsS,o PREPARED FOR 9 LOCATED WITHIN A FLOOD HAZARD ZONE AS s� DELINEATED ON THE MAP OF COMMUNITY #250102 f�° JOAN T. DONOVAN-OUVER THOMAS M. CIFRINO GAIL L. �N n SALEM, MA., EFFECTIVE 7/16/2014 o SMITH BY THE FEDERAL EMERGENCY MANAGEMENT AGENC NO.35043 SCALE 1" = 20' MARCH 31, 2015 NORTH SHORE SURVEY CORP. J I i IJP( Ll� --, l $°F 9�c/STE eR� 14 BROWN STREET �^-' —' s SALEM, MA. 01970 DATE REG. PROFESSIONAL LAND SURVEYOR S�O^�gt ur�o s/ 978-744-4800 # 4152 T ef T 27az„'yi �I-05y? 27 95-�U f - - 27-0:587 .. 27-UF89 '� - f 27 - 27-05E2 2705BI 27-055.5 , Statement of Grounds 49 Felt Street We are proposing to build a 12'x 12' 3-season sun porch off the back of the house with an attached 9'x16' open air deck. Most of the houses in our neighborhood have similar sun porches and decks. This small addition to the house will be built as an extension of the side lines of the main house. It will not affect traffic or parking. F The utilities will not be affected in the area as we are only adding plugs and lights for a 12'x12' room. The sunporch and deck will be built on footings that have been poured into sonar-tubes 4' deep. There will be no impact on drainage. As stated previously a great many houses in the neighborhood already have similar sunporches built on the back end of their houses so it will fit in with the rest of the neighborhood. There will be no impact on city tax base or employment as we are not adding any bedrooms. f f I � I i Sr 0:3 Q 3 I I _ I - - I I j�. ___ �J �� ROOSEVELT ROAD 50.0 LOT 49 AREA = 5000 t S.F. • F D LOT 50 LOT 48 0 0 0 0 0 0 2 STORY DWELLING #49 7t PORCH 50.0' -41 FELT STREET REFERENCE: - THIS PLOT PLAN WAS NOT MADE FROM AN INSTRUMENT SURVEY AND IS FOR DEED: REC. BK. 12668 PG. 92 THE PURPOSES OF THE BANK ONLY. PLAN: PL. BK. 24 PL. 19 UNDER NO CIRCUMSTANCES ARE OFFSETS TO: EASTERN BANK TO BE USED FOR ESTABLISHMENT OF FENCES, WELLS, HEDGES, ETC. I CERTIFY THAT THE BUILDING SHOWN HEREON IS LOCATED ON THE GROUND AS SHOWN AND IT CONFORMS TO THE HORIZONTAL DIMENSIONAL REGULATIONS MORTGAGE INSPECTION PLAN OF THE ZONING BYLAWS OF THE CITY OF SALEM LOCATED AT AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDER 49 FELT STREET GENERAL LAWS CHAPTER 40A SECTION 7. 1 ALSO CERTIFY THAT THE PREMISES SHOWN ARE NOT �P0kOFM.ISSALEM S'°sc PREPARED FOR LOCATED WITHIN A FLOOD HAZARD ZONE AS =� 9 DELINEATED ON THE MAP OF COMMUNITY #250102 0 GAIL LN—OLIVER L. m THOMAS M.JOAN T. DONOVAOVANO SALEM, MA., EFFECTIVE 7/16/2014 o SMITH BY THE FEDERAL EMERGENCY MANAGEMENT AGENC u NO.350x3 SCALE 1" = 20' MARCH 31, 2015 R' NORTH SHORE SURVEY .CORP. °TF. vFGSTEQ�o r 14 BROWN STREET MA. 01970 DATE REG. PROFESSIONAL LAND SURVEYOR ss,�,� uNo 5 '- SALEM, 978-744-480000 # 4152 T conmlrg CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL ,� �sr 3!Itlb SEP b—� 41 120 WASHINGTON STREET* SALEM,MASsACHusFm 019 fit �:."� TELE:978-619-5685♦FAx:978-7 {Ur KismERLEYDRrscou t ER , 3Af€`M.MASS: MAYOR City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of JOAN DONOVAN OLIVER and THOMAS M. CITRINO seeking a Special Permit per Sec. 3.3.5 Nonconforming Single- and Two-Family Residential Structures to expand the nonconforming structure at the property located at 49 FELT STREET (Map 27 Lot 585) Said hearing will be held on WED, SEPT. 21, 2016 at 6:30 p.m., 3`d floor, 120 WASHINGTON ST, ROOM 313. Rebecca Curran, Chair Board of Appeals Salem News: 9/7/16 &9/14/16 This notice posted on "Official Bulletin Board" City Hall, Salem, Mass. on SQ 44,,,.6w lr1 ?o Iv at la;�i}c� in accordance %Wh MGL Chap. 30A, Sections 18-25. : r City of Salem Department of Planning & RECr-- � -T,- mmunity Development AUG 25 2016 f DEPT. CHECK RECEIPT AND TRACKING FORM COMM ,Nfo PNI LP cNG & DtV._LOPMENT - DATE BOARD STAFF CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: A ' r CHECK # AMOUNT RECEIVED: $ SZ O , 00 p 6 r City of Salem Department of Planning & Community Development R E C E a,I `E D CHECK RECEIPT AND TRACKING FORM AUG 25 2016 DATE _ BOARD STAFF co, OF PLgN�lI r M-'A UNI TY UEV N"` ELOPIN,ENT CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: $ City of Salem Department of Planning & Community Development CHECK RECEIPT AND TRACKING FORM AUG 2 5 2016 DATE pc T. OF 11\plop &NT BOARD STAFF i CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: $ City of Salem Department of Planning & Community Development ` CHECK RECEIPT AND TRACKING FORM AUG 25 2016 DATE nrPT. 01= ` BOARD STAFF COMMUNi7 -----' CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: $