14 1/2 FORT AVENUE - ZBA , ,�ONDITggd CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
7 y µ f o SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
��iHINeDD' FAX: 978-740-9846
r
KIMBERLEY DRISCOLL � �_ ; �9
MAYOR .� L
August 20, 2010 Ci i} CLF i,
Decision
Petition of Ian Hunter seeking a Variance from the minimum setback requirement for an
accessory structure to build a garage on property located at 14 1/5 FORT AVENUE in
the Residential Two Family Zoning District [R-2].
A public hearing on the above petition was opened on August 18, 2010 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present:
Annie Harris, Rick Dionne, Bonnie Belair (alternate) and Jimmy Tsitsmos (alternate).
Petitioner seeks a Variance under Section 3.2.4: Accessory Buildings and Structures, of
the Salem Zoning Ordinance.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner Ian Hunter represented himself at the hearing.
2. In a petition date-stamped August 2, 2010, the petitioner requested to construct a
garage on the property at 14 1/5 Fort Avenue.
3. Thomas P. Cote, owner of the property located at 12 Derby Street, petitioned the
Board separately for zoning relief related to a proposed lot line adjustment that
will convey property to 14 1/5 Fort Avenue to establish access to a public way
and the ability to construct the proposed garage.
4. Gustavo A. del Puerto, 8 Derby Street, submitted a letter to the Board in support
of the petition.
5. No member of the public spoke in favor or in opposition of the petition at the
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. Special conditions and circumstances exist affecting the parcel or building,
which do not generally affect other land or buildings in the same district, and
1
literal enforcement of the provisions of this ordinance would involve
substantial hardship, financial or otherwise, to the appellant, since the lot will
be configured is such a way that the only feasible location for a garage is the
location proposed.
2. The proposed structure is in character with the neighborhood, 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.
3. The petitioner may vary the terms of the Residential Two-Family Zoning
District to construct a garage as proposed, which is consistent with the intent
and purpose of the City of Salem Zoning Ordinance.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
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. A Variance is granted from the minimum setback requirement for an
accessory structure to construct a garage as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted four (4) in favor
(Dionne, Harris, Belair, and Tsitsinos), none (0) opposed, to grant the petitioner's request
for a Variance, subject to the following terns, conditions, and safeguards:
1. 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 Inspection is to be obtained.
7. Petitioner is to obtain 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.
2
Rl`Z I Ybnw— . Z Gs
Richard Diotme
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 befiledwithin 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 beating the certificate of the City Clerk that
20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been
dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed raider the name of
the owner of record or is recorded and noted on the owner's Certificate of Title.
3
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• FORT AVENUE
IV "
FORT AVENUE
`OR REGISTRY USE ONLY `a. *
Map 41 Lot 267 W E
14 Fort Ave. LOCUS MAP — 1'-1000'
N81'10'S8 8.90
12.89
N811{,E
98'
i,� �
b
Map 41 Lot 269
12 Fort Aw. Map 41 Lot 288 '
014R 16 Fart Ave.
S% Sly. a
3 Dwelling J
At
m
SxyB Map q Lot 268
�41'E 2.288 so...
ENDORSEMENT OF THIS PLAN AS ONE NOT REQUIRING NEW LOT ONE -3262 w ft
APPROVAL UNDER ME SUBDIVISION CONTROL LAW IS 4,12' (Aker Conreyance)
NOT A DETERMINATION AS TO ME CONFORMANCE NTH
ZONING. 579W6O NB.iyJ PARCEL A
ARDEL D N58 12.45 2,047 w.tt. The purpose of this plan le to create Parade A B. C& D.
077 w•tt 5. Z Parool A&9 are to be combined to form one
103'11� contiguous
we contiguous el Cot D aro o be combined
o
Deak f.
-
41D
26'+1560
APPROVAL UNDER THE SUBDIVISION 4• /12
CONTROL LAW NOT REQUIRED
BEVERLY PLANNING BOARD 'y,� w
OLD LOT ONE Map 41 Lot 2111
D-� TO BE EUMINAIm 10 Derby St.
56 AOcP
d�
Map
41 Lot 280 y '�
1,775 w•tt.-5799 sq,ft.
(atter Conveyonce)
PO.
Map 41 Lot 259 PARCEL C PARCEL B
16 Derby SL 1,z1s ea.fL
3,7az w•tt. PLAN OF LAND
_
IN
DATE
OLD LOT E SALEM, MASSACHUSETTS
TO BE EU ATED -
�, Prepared For
Ian T. & Sarah P. Hunter
gk NEW LOT LINE 14R Fort Avenue
and
�Tw Thomas P. Cote
I certify that this plan was prepared In accordance with 56s e� 12 Derby Street
the rules and regulations of the Registers of Deed&
Prepared By
ZONING DISTRICT— R2 /S.rw �T LeBlanc Survey Associates, Inc.
f My 25} D� $T4tE 161 Holten Street
KRNa� Danvers, MA 01923
9�g$� (978) 774-6012
REFERENCES: June 23, 2010 Scale: 1"=10'
1 Deed Book 26589 Page 3"
2 Dead Book 17275 Page 481 -
PROFESSIONAL LAND SURVEYOR DATE 3 Plan N Dead Book 2514 Page 438 HOR. SCALE IN FEET
0 10 25 51
FORT AVENUE N
F
Map 41 Lot 26 ti
N81'10'56"E 14 Fort Ave.
12.89' S08'41 49"E
6.6
N37'44'46"E �.
15.33' �I N81*18'11"E
23.04'
Men ai t A . �� % #14R
'Z 41 L"'" N Map 41 Lot 266
2�1/Z Sty. 0 16 Fort Ave.
rn� 1 Dwelling �1
ao w0 rn U, Map 41 Lot 268
m2,286 sq.ft.
o rn NEW LOT LINE
*3262 sq.ft.
A Ng PARCEL N63'57'21"E (After Conveyance)
Parcel D 3 j3 2,047 sq.ft.
2,077 sq.ft. 36 I 3.82'
Dec ; PARCELB
1,215 sq.ft. �r'� '
Map 41 Lot 261
LQ � 2 0 10 Derby St.
S79'30'41"W
0, 1 s6p0
6.08' 2•
�. o• `s° Proposed
Map 41 Lot 260 10'x20'
6,775 sq.ft. Garage
060
*5799 sq.ft. �' 20
Map 41 Lot 259 (After Conveyance)
16 Derby St.
PARCEL C r'a
�O\ 3,722 sq.ft.
90 00 00. �.
NEW LOT LINE
PLOT PLAN
IN
ZONING DISTRICT — R2 SALEM, MASSACHUSETTS '
Prepared For
REFERENCES: Ian T. & Sarah P. Hunter
1) Deed Book 26589 Page 344
2) Deed Book 17275 Page 481 14R Fort. Avenue .
3) Plan in Deed Book 2614 Page 438
Prepared By
LeBlanc Survey Associates,- Inc.
161 Holten Street
Danvers, MA 01923
(978) 774-6012
July 29, 2010 Scale: 1 "=20 '
HOR. SCALE IN FEET
0 20 50 100
REC ;`,/E D
Gustavo A. del Puerto AUG 3 0 2010
8 Derby Street
DEPT.OF P.<?b:?dING
Salem, t1IA 01970-5621
978-745-0366 COMMUNITI'D:_:r3.OPiENT
gustavodelpuerto@comcast.net
VIA FIRST CLASS MAIL
AND TELECOPIER
978-740-0404
August 17, 2010
Ms. Robin Stein
City of Salem Board of Appeal
120 Washington Street
Salem, MA 01970
Re: Mr. Ian Hunter—Request for Variance, 14% Fort Avenue
(Public Hearing Date: August 18, 2010)
Dear Chairperson Stein:
I own and occupy(with my wife, Ms. Mary A. Azzarito) the property located at 8 Derby
Street in Salem, Massachusetts. We are abutters to Mr. Hunter's property located at 14%2 Fort
Avenue. Mr. Hunter has discussed the proposed variance in order to allow him to build a garage
on the property directly abutting our property. Not only do we have no objection to the proposed
variance, but for the record we as abutters support Mr. Hunter's request for the variance in
question.
Very truly yours,
C7stavo/A. del Puerto
and Mary A. Azzarito
GdP:gdp
cc: Mr. Ian Hunter