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145 FORT AVENUE - ZBA I �j 5 �o t-� -Av e, I _: Zonin�Board Proiect Status Sheet Address & Applicant: Date Submitted to BOA: r © zS ! 0"' Clerk Stamp: i7ariances Only - Constructive Approval Date: (1oo days from firing) /Abutters List Requested: Abutters Notice Sent: /LY Notice to Abutting Cities & Towns, Councillors: Legal Noticeosted at City p Hall: (14 days before meeting) egal Notice Emailed & Confirmed: /Agenda Notice Posted on Web: d Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: , Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: i � _ /, , _ Decision: Decision Filed: — , /�� /, Appeal Period Over: i z, , after decision fired) �'� Z— (21"day - /Decision Sent P to 'Applicant: �i Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BOARD MEIu)BERSs�_ �k MO�kIO1V` �S£CBILID „yO:T) t' Date: Rebecca Curran (Chair) Petitioner: I y eD -tov---X- 6,41Z- Tom Watkins Peter Copelas Address: -Rnany'Tsitsittor Jim Hacker(Alt.) Paul Viceica(Alt.) Total: Conditions: EfPetitioner shall comply with all city and state statutes, ordinances, codes and regulations. EAll construction shall be done as the er p plans and dimensions submitted to and approved by the Building L'J�All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. IJlPetitioner shall obtain a building permit prior to beginning any construction. LJ Exterior finishes of the new construction shall be in harmony with the existing structure. A ertificate of Occupancy is to be obtained. IJ A Certificate of Inspection is to be obtained. —LJ 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. ID/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. CITY OF SALEM MASSACHUSETTS d BOARD OF APPEAL 120 WASHINGTON STREET♦ SALEM,MASSACHa"900 P 12, 5q KIMBERLEY DRiscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR FILCITY GLERNi SALEM, MASS November 30. 2016 Decision City of Salem Board of Appeals Petition of MARIA CONNELL seeking a Special Permit per Sec. 3.3.5 Single and Two- Family Nonconforming Structures to allow new construction of a front deck and rear addition 145 FORT AVE (Map 25,Lot 206) (R-1 Zoning District) A public hearing on the above Petition was opened on November 16,2016 pursuant to M.G.L Ch. 40A, § 11 and closed on that date with the Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Copelas, Mr. Watkins,Mr. Hacker (alternate), and Mr. Viccica (alternate). The Petitioner seeks a Special Permit per Sec. 3.3.5 Single and Two-Family Nonconforming Structures to allow new construction of a front deck and rear addition. Statements of fact: 1. In the petition date-stamped October 25,2016, the Petitioner requested a Special Permit per Sec. 3.3.5 Single and Two- Family Nonconforming Structures to allow new construction of a front deck and.reaz addition. 2. The petitioner Maria Connell presented the petition. 3. The property is located within an R-1 Zoning District. 4. The property is nonconforming as to the rear yard setback as it is within 12' feet of the required 30' foot setback.The petitioner is before the Board to expand the non-conforming structure. 5. The petitioner is proposing to construct a 6'x 22' deck on the front second story of the property and a 10' x 22' rear addition. The new construction will be built within the existing footprint and will not change any of the side, front, or rear yard setbacks. 6. The proposed deck will not extend beyond the existing front porch. 7. The proposed rear addition will be within the 2.5-story and 25' foot height limit required by the zoning ordinance. 8. At the public hearing, one (1) member of the public spoke in favor, and none (0) spoke in opposition to the petition. City of Salem Board of Appeals November 30,2016 Project: 145 Fort Ave Page 2 of 2 ° 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: The proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 1. The proposed expansion will have a positive impact on the social, economic or community needs. 2. There are no impacts on traffic flow and safety, including parking and loading as adequate parking is provided. 3. The capacity of the utilities is not affected by the project. 4. There are no impacts on the natural environment,including drainage. 5. The proposal conforms to the existing neighborhood character. 6. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor (Ms. Curran (Chair), Mr. Copelas (Vice-Chau), Mr. Watkins, Mr. Hacker (alternate), and Mr. Viccica (alternate) to approve the requested Special Permit per Sec. 3.3.5 Single and Toro-Family Nonconforming Structuns to allow new construction of a front deck and rear addition subject to the following conditions, terms, 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 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 Occupancy shall be obtained. 7. A Certificate of Inspection shall be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. �y R Rebecca Curran, Chau r Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm this decision, if any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed=thin 20 days of fh'ng of this decision in the office of the City Clerk. Pursuant to the Massachusetts Gemml Lows Chapter 40A, Section 11, the Variance or Special Permitgranted herein shall not take flea unhl a copy of the decision bearing the certificate of the Cif*Clerk has been fkd with the Essex South Registry of Deeds. P CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS ��.. PETMON FORM CITY OF S4LEM,MASSikCHLlMTTS s ;i BOARD OF APPEALS� )p' 120WASHINGTON STREET, W FLOOD OCT 25 A 10: 1 9 SALEM,MASSACHUS=TTSM970 vFILE: Thoma.PlerreDirectorofInspeotional� `RH , SAtL/ EH, 9Phone 978-619-5641 of 9I5 A" CrnmrRrEv Dwscocc Erin&1.5641 ,Staff PannEr RECE 'VE MAYOR Phone 97819-5685/ Fac: 978-740-0404 TO THE BOARD OF APPEALS OCT 2 5 2016 The Undersigned represent that he/she is/are the owners of a certain parcel of land DOF PLANNING & 1 ITY DEVELOPMENT Address: 145 FU(� AV>1Ue Zoning District: An application is being submitted to the Board of Appeal for the following reasom(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 additi on to rry home located at 3 Salem Lane,i 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) See. .#aqr, Grown For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance, specifically from (i.e. minimum depth ofrear yard). What is allowed is (fi?sq ft?stories? W), and what I am proposing is (ft?sq ft?stories?W). (�A Special Permit under Section 33.S of the Zoning Ordinance in order to ()(K W Ith p(cX� 1 new ory4lnc&m=�_hfo)?P � ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property User .'F AOW Are Lot Dimensions Included?(y)Yes O No Why? (Exo le:Two Fakdy Home) - 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: 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 II substantially derogating from the intent of the district or the purpose of the ordinance. (J) 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 f) 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. M If different from petitioner: Petitioner: (AL Co n n e I I Property Owner: Address: 14i� r0f1 f1VeY1Ne Address: Telephone: W -651—)010 Telephone: Email: (Akonfle,I�99 eCr)MC6( /t e� Email: Signature: Signature: (Attached consent letter is also acceptable) Date: 10/231( Date: If different from petitioner. Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk Statement of Grounds 145 Fort Avenue I am proposing two new constructions at my home located at 145 Fort Avenue. The property is located in the R-1 Zoning District. My home currently has the following measurements:depth of front yard is 48 feet,width of easterly side yard is 13.8 feet,width of westerly side yard is 10.8 feet and decreases to 5'10"at the rear,and depth of rear yard is 12 feet. The existing structure is non-conforming to the zoning ordinance because the current depth of rear yard is less than the 30 feet minimum and because rear section of the westerly side is less than 10 feet minimum. I am petitioning for the Board to grant a special permit in accordance with Section 9.4,Special Permits upon finding that my proposed changes will not increase the nonconforming nature of my home or be substantially more detrimental than the existing nonconforming structure to the neighborhood. My proposed alterations are on the second floor of my home as follows: to add a 6'x 22'deck in the front and a 10'x 22'-4" 1.5 story addition in the rear. This new construction will be built within the existing footprint of my home and will not change the aforementioned measurements. The Zoning Ordinance requires the maximum height of buildings to be 2.5 stories. The current height of my home is 2.5 stories;the proposed addition will conform to this ordinance.The Zoning Ordinance requires the minimum depth of front yard to be 15 feet and minimum width of side yard to be 10 feet. The proposed 2nd floor deck will not extend beyond the existing front porch and will thusly continue to conform with these ordinances. My proposed constructions will be consistent with the style and character of my home as well as of the Willows neighborhood. My proposal also meets criteria for potential fiscal impact due to the fact that as the square footage of my home would increase,the City's tax base would also increase. Photo Rendering 145 Fort Avenue Existing: X 4 zR //f F i Proposed: Ri, 4 MASSACHUSETTS QUITCLAIM DEEP INDIVIWAt ,/�17 Rfw�.ft�f HtiC�:fL, a ROSAMOND W. DENNIS, under Power of Attorney for Edwin W. Dennis, both of 33 Warren Street, Salem, Massachusetts, for consideration paid, and in full consideration of ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($135,000.00) grants to CHRISTOPHER HOEMAN and PAMELA J. HOEfAN* of 291 Roaring Brook Road, Chappaqua, New York, with quitclaim covenants, Road;, husband and wife, tenants by the entirety the land in that part of Salem called SALEM WILLOWS, being lot numbered ninety-nine (99) on a plan of lands at SALEM WILLOWS contained in plan book number one (1), plan number thirty (3'0); said parcel being bounded as follows s 0311113/% 100.10 Inst 170 a NORTHERLY by Port Avenue, fifty (50) fEA, 13556 PG16 0 EASTERLY by lot ninety-seven (97) on said plan, one hundred three and-eight-tenths (103.8) feet; SOUTHERLY by lot one hundred (100), about fifty (50) feet; WESTERLY by lots one hundred one (101) and one hundred , two (102), one hundred seven and eight-tenths (107.8) feet. l G The said Plan Is entitled *Plan of House Lots, Juniper Point on _ Salem Neck, Scale 100 feet to an inch, by C.A. Putnam, Surveyor, Nov. 1875, Bufford's Lith. Boston, • and recorded in said Registry, Book 1, Plan 30. at The said conveyance is subject to any taking which may have been w made by the City of Salem or to any proscriptive right which may have bean secured by the City of Salem, for purposes of the way referred to on the said Plan as "New Road to the Willows,, and y referred to in this deed as Port Avenue. For my title see deed of Haumkeag Trust Company dated December 14, 1982, and recorded in Essex South District Registry of Deeds Book a - 7019, Page 178, on December 21, 1982. WITNESS my hand and seal this day of �, 1996. 6v Rosamond W. Dennis t ' COIOWMYEAETN OF MASSACMDSETT$ Elsa. is. eppea KAY/&4. 1996 to Then her PerlOnAI Vett WW 6r deed,Mte-n re Rotanand Y. Dene bad ack IedBM t fop instnment My ffo_Eatarym IN,, E E W.A1KP6,[0 NOTARY PUDIC MT comwss1-»EC+1?ES MAR 20,We 4 o. t t t XJ / \ \ f I 4 r E I a / MARIA :CONNELL RESIDENCE ' I -DI^ P SCHEMATIC DEMON [t I PROPOSED SITE PLAN WE PUu 4.0 �Qfp�OG 11 fY 11Y' 1P113' M.1 l b \ , !I" a M.3 J MOND '. Pnr CDNNELL . P•nr 1� }: ..: I ... RESIDENCE- - - DESIGN PIfY .. 1117 `}y� _ m 1 ROt)P PUN. 1� II (Z PROPOSED ROOF PLAN - .. - F"1U.'. >o bm 'o I v I I I ' Will Emil I i v 47.1 1 _ Ifill , � I mns.a m CITY OF SALEM, MASSACHUSETTS �COBIDtTgq n f m BOARD OF APPEAL �. 120 WASHINGTON STREET♦ SALE61,MASSACHUSETTS 01970 •I*ELF,:978-619-5685 ♦ FAX:978-740-0404 KIhBERLEY DRISCOLL MAYOR City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of MARIA CONNELL seeking a Special Permit per Sec. 3.3.5 Single and Two- Family Nonconforming Structures to allow new construction of a front deck and rear addition 145 FORT AVE (Map 25, Lot 206) (R-1 Zoning District) Said hearing will be held on WED,Nov. 16, 2016 at 6:30 p.m., 3`d floor, 120 WASHINGTON ST, ROOM 313. Rebecca Curran, Chair Board of Appeals Salem News: 11/2/16 & 11/9/16 Remit Bill to: 145 Fort Avenue Salem, MA 01970 (508) 654-1010 F • y CITy OF SALEM MASSACHUSETTS 31 `� '' BOARD OF APPEAL p _ 120 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 'IE[.E:978-619-5685 FAX:978-740-0404 n KIMBERLEY DRISCOLL y _ MAYOR < o ( P r o R .. F W D r+t m D 3 3 Q City of Salem > _ Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of MARIA CONNELL seeking a Special Permit per Sec. 3.3.5 Single and Two- Family Nonconforming Structures to allow new construction of a front deck and rear addition 145 FORT AVE (Map 25, Lot 206)(R-1 Zoning District) Said hearing will be held on WED,Nov. 16, 2016 at 6:30 p.m., P floor, 120 WASHINGTON ST, ROOM 313. Rebecca Curran, Chair Board of Appeals Salem News: 11/2/16 & 11/9/16 This notice posted on "Official Bulle i oard" City Hall, Salem, Mass. on QT I - at IVI(e 4M in accordance with MGL Chap.30AA, Sections 18-25. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 KIMBERLEY DRISCOLL nLE:978-745-9595 ♦ FAX:978-740-9846 MAYOR Notice of Decision At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, November 16,2016 at 6:30 p.m. at 120 Washington St., Salem,MA, the Zoning Board of Appeals voted on the following item: Petition of MARIA CONNELL seeking a Special Permit per Sec. 3.3.5 Single and Two- Family Nonconforming Structures to allow new construction of a front deck and rear addition 145 FORT AVE (Map 25, Lot 206) (R-1 Zoning District) Decision: GRANTED Filed with the City Clerk on November 30,2016 This notice if being sent in compliance witb the Massachusetts Generallaws, Chapter 40A, Sections 9& 15 and does not require action by the recpient.Appeals, f any,shall be made pursuant to Chapter 40A, Section 17,and shall be filed witbin 20 days from the date which the decision was filed with the City Clerk. i