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26 GREENWAY ROAD - ZBA ZCo Gc-e�r� w � 12� --- -- - I Zoning Board Proiect 4tatuc gL-at Address & Applicant: Date Submitted to BOA: p �� ®("Clerk Stamp: Vari aces Only - Constructive Approval Date: (loo days from ri ,iug) ~ 7Abutters List Requested: Abutters Notice Sent: to Abutting Cities & Towns, Councillors: :"�,N,otice gal Notice posted at � y �l da s 14 City Hall: "J etore meeting) Legal Notice Emailed & Confirmed: Legal Notice Posted on Web: o Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: 1 s Continued Meetings: r.f 11 Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: ` s Decision: Decision Filed: ,�/Z/, Appeal Period Over: �z 23 aflerdecision filed) —T�� IS(21 (lay r� Decision Sent to Applicant: -- 7- Notice of Decision Sent to abutters, cities and towns, s' w 'J ZBA ACTION FORM BOARD MEMBERS' :';.MOTION ,SECOND NOTE% 1. Date: �/J/�/ ?� Rebecca Curran (Char) Mike Duffy Petitioner: MqP.-Ivo Tom Watkins y Peter Co elas )0 Address: Jimmy Tsitsinos y Jim Hacker(Alt.) Paul Viccica (Alt.) :Total: Conditions: ICJ Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. ©All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ®All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. Petitioner shall obtain a building permit prior to beginning any construction. Exterior finishes of the new construction shall be in harmony with the existing structure. ❑A Certificate of Occupancy is to be obtained. ❑A 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 r� destruction, it shall)/not be reconstructed except in conformity with the provisions of the Ordinance. w ��ONUIT CITY OF SALEM MASSACHUSETTS ' BOARD OF APPEAL \ ` rMIN6-'� / 120 WASHINGTON STREET♦ SALEM,MASSACHusE + KIMaERLEY DRiscoLL TELE:978-745-9595 ♦FAX:978-740-9846. I _Z P Z Z4 MAYOR FILE It CITY CLUK, SALEM,MASS December 2,2015 Decision City of Salem Board of Appeals n Petition of ANN HARRISON seeking a Variance requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance from minimum side yard setback to allow the construction of a 3' x 4' square foot stairway and landing within the required 10' foot setback at the property of 26 GREENWAY ROAD (Map 14 Lot 179) (R1 Zoning District). A public heating on the above Petition was opened on November 18,2015 pursuant to M.G.L Ch. 40A, § 11 and closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chair),Peter Copelas,Mike Duffy,Tom Watkins,Jimmy Tsitsmos. The Petitioner is seeking a Variance requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance from minimum side yard setback to allow the construction of a Tx 4' square foot stairway and landing within the required 10' foot setback. -Statements of fact: 1. In the petition date-stamped October 16, 2015, the Petitioner Variance requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance from minimum side yard setback to allow the construction of a 3' x 4' square foot stairway and landing within the required 10' foot setback. 2. Ann Harrison,petitioner,presented the petition. 3. The single family home was built without a second egress. The petitioner proposes to provide a second egress to meet building code by constructing a side egress, 3' x 4' landing and stairway. The propose landing and stairway are within the required 10'foot setback. 4. The requested relief, if granted, would allow the petitioner to construct a 3' x 4' square foot stairway and landing within the required 10' foot setback 5. At the public hearing, one (1) member of the public spoke in support and no (0) members spoke 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, makes the following findings: City of Salem Board of Appeals December 2,2015 Project:26 Greenway Road Page 2 of 2 Findings for Variance: 1. 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 is that the existing house is an existing non-conforming structure. 2. Literal enforcement of the provisions of the Ordinance would create a substantial and unique hardship as having only one (1) egress is a significant life-safety issue. 3. The desired relief may be granted without nullifying or substantially derogating from the intent of the district or purpose of the City of Salem Zoning Ordinance. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Rebecca Curran, Peter A. Copelas, Tom Watkins,James Tsitsinos, Mike Duffy) and none (0) opposed, to approve the requested Special Permit to allow the construction of a 3' x 4' square foot stairway and landing within the required 10' foot setback 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. 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 I=WITH THE PLANNING BOARD AND TFIE CITY CLERK Appeal fnm this decision,if any, shall be made purnmnt to Section 17 of the Massachusetts General Lams Cbapter 40A,and shall be filed within 20 days of fch'ng of this decision in the office of the GO Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Seetion 11, the Variance or Special Permitgranted herein shall not take fri until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. i CrrY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM \ CITY OF SALEM,MASSACHUgTTS BOARD OF APPEALS 2015 OCT I b A 10: 41 1120WASHINGTON STREET,3R° FLOOR FILF ,f i SALEM,MASFACHUEETTS01970 CITY CI_ ti. 5r`.LLi1, M .S J� Thoma St Rare Director of lnspedional vicesIV Phase 978-6195641/ Fac:978.740.9846 1d ED KuABHRLEYDiuscoLL Erin Schaeffer,Staff Planner - OCT MAYOR Phone 978-619-5685/ Fac 978-740-0404 6 2015 DEPT. OF PLANNING& TO THE BOARD OF APPEALS COMA",u!,ITy D_yw,,O „Ael,t The Undersigned ��represent that he/she is/are the owners of a certain parcel of land located at: WPl Address: ep4yR 4 �� Zoning District: `{ An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: 1 am propos ng to construct a 10' x 10' one story addition to rry home located at 3 Salem Lane,in 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) T nv r�rnmsinr En (202S4ric'f &� s 4,aint7lnc u)4 a,5foos tf TU 4o L s ' S aL Gamwear !s 6,&4 ,Dle lrs S1 5 e Ill + -F / c Y s p r p- 0 c — tanAinr lr iA e2 S+olfc t 00414✓Pd LJLCA QPT-h 0� 7Nr� 51 P S,4 �Or-k T'n c �.3 For this reason I am requesting: (Jj Variance(s)from provisions of Section 46 of the Zoning Ordinance,specifically from (p (i.e. minimum depth of rear yard). i What is allowed is /0 (fi?sq fl?stories? W), and what I am proposing is 31 (ft?sq ft?stories?W). ( )A Special Permit under Section of the Zoning Ordinance in order to ( )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:S Are Lot Dimensions Included?( Yes O No Why? (Example wo Family Ho4e) 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: 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. ( ) 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. If different from petitioner: Petitioner: N IJ g 13 R R 1 SO A) Property Owner: Address: o?b G/ )Pen k) p7'(� Address: Telephone: 10�6 '"/�/S'O Telephone: Email: f{�i?f(/SDi✓_ AIVA) CCyYICYBSt Email: tv e t �I�,,, - � Signature:�!J�( Signature: (Attached consent letter is also acceptable) Date: Date: If different from petitioner: Representative: Address: A TRUE ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk r Erin Schaeffer,Staff Planner 3rd Floor, 120 Washington Street,City Hall Annex Salem MA 01970 I respectfully submit the attached request for a Dimensional Variance for the following reason: The residence at 26 Greenway Rd is a single family,one floor home.This floor has one method of egress, causing a life safety issue. Additionally it has the potential to result in economic hardship.The proposed plan if the variance is approved will allow for a second egress off the kitchen. Thank you for your consideration. Ann M. Harrison 26 Greenway Rd Salem MA 01970 i Erin Schaeffer.Staff Planner 3m Floor, 120 Washington St,City Hall Annex Salem MA 01970 Dear Ms Schaeffer This letter expresses our support to the Dimensional Variance, requested by Ann Harrison, 26 Greenway Rd. Our residence property line at 28 Greenway Rd, is + or- 6 'from the property line at 26 Greenway Rd. The structure that Ann Harrison wishes to build is a 3' platform with 2 stairs. This structure will end at+ or- 3 'from our property line. We have no exceptions to this request John Sadoski Elizabeth Sokloski 28 Greenway Rd 28 Greenway Rd Date U Date r - y i J O __ _ t 9.< 1A 15 #[e� y J-sF3+ t34-b - '^ q mow' t � 5 r ��X� t ` r'4} 'sa'ui`sr F iCSMn -T m 9 K s;,a��� �v �� n^w•�+`-s-r � yrs-ax"� , �a �£u'i s -zones -- ' M= xy #11 t m `�>r�♦ Lam" y'�+, s ;�- { _ �- ,zw3 x is e Y 5 rISO ,� isw a � + A ie 'F±siaq� y $ ONS *IYR`--N� t^ t I 31M > - { �YjjVon.4 9Fv-• e,- * a F 6-. t H n� - F r �""ffiz-j�:it M .f a _ r 4 � p fi Y Y � 1 A a s� ate`:, p8j rl SO 77 y b Yr T x } '9.» p'" S=�? }Ja � `�3-x•.d'„- �=^z�:,e"=�ws�� �'� �fr�ys",#����'�s.'�":'f'^ � � '' rh 4 rY x �s 'u5.'0-F` fA ,5 s c ; z.rokbs� x-P < to Ps. Y 55 »Y R - Pl"' � 'vi 1. rte. 2s XC r , F r x CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM CITY OF SALEM,MASSACHLISETTS BOARD OF APPEALS 1015 OCT I6 A la 41 1 120 WASHINGTON STREET,3RD FLOOR � i SNLEM,MASS4CHUSETTS01970 I I-r CITY Li LPK; J,�L Lti, IIAS� Thorna;8.Flare,Director of I nspectiorO Services / Phone 978-6195641/ Fac 978-740-9846 E4„s I"gV IZD KRvMERLEY DRISCOLL Erin StrasIfa,S$f Planner MAYOR Phone 978-6195685/ Fac 976-740-0404 OCT 16 2015 or TO THE BOARD OF APPEALS DODAPT t4 P/ Nky%a The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: �(� 111 Pp I t,n(l Q P� Zoning District: �f 1 An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: 1 am proposi ng to construct a 10' x 10' one story addition to try 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.) T cm oro ms)M, :6consfrar-t cam 3' 1.4mdtrlf ut)4 1.5 Taw--S Y ' To4a-L s rn M r, Ciog « d4 to E is fr/c t e Ca, rr s eiJe 9r4 h2cic to be. 0 l . Ae 4- S u-( r - o .nn Inc �), s+r)frs tJ /d Ou ✓pdLrcr� Lo of At. �rt� P spy lack ro U ,�' For this reason I am requesting: (t�/Variance(s)from provisions of Section 4 0 of the Zoning Ordinance,specifically from t (i.e. minimum depth of rear yard). t? What is allowed is /O (fl. sqf. stories? W), and what I am proposing is 3 c (ft?sq ft?stories?W). ( )A Special Permit under Section of the Zoning Ordinance in order to ( )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: S n nQ,/ Are Lot Dimensions Included?M`�cs O No Why? (Example(,rwo Family Ho e) 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. Crry 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. O 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. O 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., PetitionerAtm 4 A R K 136 Al Property Owner: Address: a b'/G/ fPPn k2g2_[� Address: Telephone: X076 ''/�f 5 'O� / Telephone: Email: /1A/I4LON Email: N e+ Signature: Signature: (Attached consem leper is also acceptable) Date: Date: If different from petitioner. Representative: Address: A TRUE ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk i Erin Schaeffer,Staff Planner 3rd Floor, 120 Washington Street,City Hall Annex Salem MA 01970 I respectfully submit the attached request for a Dimensional Variance for the following reason: The residence at 26 Greenway Rd is a single family,one floor home.This floor has one method of egress, causing a life safety issue. Additionally it has the potential to result in economic hardship.The proposed plan if the variance is approved will allow for a second egress off the kitchen. Thank you for your consideration. Ann M. Harrison 26 Greenway Rd Salem MA 01970 Erin Schaeffer.Staff Planner 3rd Floor, 120 Washington St, City Hall Annex Salem MA 01970 Dear Ms Schaeffer This letter expresses our support to the Dimensional Variance, requested by Ann Harrison, 26 Greenway Rd. Our residence property line at 28 Greenway Rd, is + or- 6 'from the property line at 26 Greenway Rd. The structure that Ann Harrison wishes to build is a 3' platform with 2 stairs. This structure will end at+ or- 3 'from our property line. We have no exceptions to this request. John Sodoski Elizabeth Sddoski 28 Greenway Rd 28 Greenway Rd Date /'lJ � Date �ti m t - . . G,ree�waS R lk - Sim, ax9 �t � 16 aL � Y `6 5j a� t=R�F� st "-S'`V L` ' b,T,r� `✓ga_� $ 'ra- �' I 77, ♦,�+fx w�t. n � x �.t � ' `o.'- r w m f ^ 1 i 3 l Y t F - 2 "tea aw.rr , -• t -, ? ,« � r I x v _r >m_- - t4 xs t..v .v si .... x ♦ W � ._ tii� n� . V.-a..^� ����e... oii A avasatir+� � J Y Sir tib i f $ J a im I'd r J x -.F �y, � 11, s V 4 F •x 7T sky.`.. £� �S ns'w C i Tz h 'Y � ` - # '.i'a5 .v�z a a •N� FF 2 b K N ss � a � '€�. y a$ �L' N m € ,r` :s F ` " t1" EGA " s-` t : OCT 2g 2015 F PLANNING COMMUNITY uc.�6Pi -1,11 50.24 f 1 AREA = 4,237 s.f.f ---------- HOOF I I I 1 1 PROPOSED ............ LANDING & b STAIRS 0 3.0 � m EXISTING ro uT DWELLING [V 6l No. 26 e't M 1 1 50.00 GREENWAY ROAD PLOT PLAN 26 GREENWAY ROAD THE BASIS OF THE OFFSETS SHOWN IS A TAPED SURVEY SALEM, MA AND ARE APPROXIMATE ONLY. ALL TIES SUBJECT TO WHAT AN ACCURATE INSTRUMENT PREPARED BY: SURVEY WOULD REVEAL THIS PLOT PLAN IS NOT TO BE - :.:., MEDFOR., USED FOR PROPERTY LINE DETERMINATION, THE LOCATION =iv`''"`'n ANGELOD ENGINEERING' & SURVEY ,r' L1i. iN' .',, 15 HAL 8. . MED ANO ASSOCIATES OF FENCES OR THE LOCATION OF ANY OTHER STRUCTURES. - ,����^-� z, r 15 HALL ST. MEDFORD, MA. 02155 I HEREBY CERTIFY THAT I HAVE EXAMINED THE PREMISES • f;;ltalA.ItD SSG' 781-396-4466 faz:781-396-8052 AND ALL BUILDINGS ARE LOCATED ON THE GROUND AS ( x SHOWN. :4 +?A:oFI::, y SCALE: 1" = 20' o 436864 � TITLE REF: BK 9831 PG 310 (AND SSR DATE: OCTOBER 12 2015 fiS RICHARD J MEDE JR. — P.L.S. DATEIU 1Z FILE No. 570-15 Z' 50.24 AREA = 4,237 s.f.t r__________- I FOOF I I I I I PROPOSED LANDING & STAIRS 0 ! 3. Q (D EXISTING 10 n DWELLING o- cV RI No. 26 6't `— H 1 1 50.00 GREENWAY ROAD PLOT PLAN 26 GREENWAY ROAD THE BASIS OF THE OFFSETS SHOWN IS A TAPED SURVEY SALEM, MA AND ARE APPROXIMATE ONLY. ALL TIES SUBJECT TO WHAT AN ACCURATE INSTRUMENT PREPARED BY: SURVEY WOULD REVEAL THIS PLOT PLAN IS NOT TO 13E MEDFORD ENGINEERING & SURVEY USED FOR PROPERTY UNE DETERMINATION, THE LOCATION .r'�y"eiv ,fir OF FENCES OR THE LOCATION OF ANY OTHER STRUCTURES. �' .�aFw----Cz: ANGELO B. VENEZIANO ASSOCIATES r ",z�: 15 HALL ST. MEDFORD, MA 02155 a° rlcHfiltu �r•�� 781-396-4466 fax:761-396-8052 I HEREBY CERTIFY THAT I HAVE EXAMINED THE PREMISES •' i.• G,+ AND ALL BUILDINGS ARE LOCATED ON THE GROUND ASS. R SHOWN. WOE P, y SCALE: 1" = 20' o #36864 e si afC1ST R•� ,�� TITLE REF: BK 9831 PG 310 �d� (J 'i 2 (fit Oy9t LAND S°ft DATE: OCTOBER 12 2015 RICHARD J MEDE JR. - P.L.S. DATE X10 iZ /Il FILE No. 570-15