12 HANSON STREET - ZBA (3) Zoo-)
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
m 120 WASHINGTON STREET, 3RD FLOOR
- ( SALEM, MASSACHUSETTS O 1970
TELEPHONE: 978-745-9595
0� FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
November 1 , 2007
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Decision
City of Salem Zoning Board of Appeals _
Petition of Bass River Inc. requesting a Variance from the number of stories J
allowed (2 %) to allow a third floor roof deck and a Special Permit to modify
an existing non-conforming structure for the property located at 12 HANSON
STREET [R-2].
A public hearing on the above petition was opened on October 17, 2007 pursuant to Mass
General Law Ch. 40A, Sec. 11, with the following Zoning Board members present: Robin Stein,
Rebecca Curran, Richard Dionne, Bonnie Belair and Elizabeth Debski.
Petitioner seeks variances pursuant to Section 9-5 and a special permit pursuant to Section 8-4 to
construct a third (3`a) floor roof deck.
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 of
fact:
1. Attorney Patrick Burke presented the petition for the property owned by Bass River
Inc. at 12 Hanson Street in the R-2 Zoning District.
2. Bass River Inc. provides mentally handicap adults with supervised work and
educational experiences. The facility at 12 Hanson Street is open Monday thm
Friday, typically between 9:00 am and 3:00 pm.
3. Bass River Inc. proposes to construct a third floor roof deck as shown on the plans
prepared by Deer Hill Architects, LLC entitled "Proposed Roof Deck", dated June 8,
2007, sheets Al-A3. Said roof deck is approximately 28' x 19' and includes a
stairway bulkhead.
4. The roof deck will be used for container gardening and it will provide program
participants with the opportunity to get outside and learn new skills. Program
participants will be supervised when using the proposed roof deck.
5. A letter of support was submitted by Leo Jodoin (8 Hanson St) and Mark Chesley (6
Hanson St).
6. The Building Inspector, Thomas St. Pierre informed the Board of Appeals that the
facility is well run and he has never found any problems when doing inspections
2
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 as follows:
1. The petitioner may vary the terms of the Residential Two-Family Zoning District to
enable the proposed development, which development is consistent with the intent
and purpose of the City of Salem Zoning Ordinance.
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(Stein, Debski,
Belair, Dionne, and Curran) none (0) opposed, to grant petitioner's requests for a variance and
special permit subject to the following terms, 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 new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection is to be obtained.
7. Petitioner shall obtain approval from any of the City Boards or Commissions having
jurisdiction including, but not limited to, the Planning Board.
8. Staff of the program will supervise all non-staff use of the 13rd floor roof deck.
obin 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 Pemut 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.
October 17, 2007
From: Leo R. Jodoin
8 Hanson St.
Salem, MA
Mark W. Chesley
6 Hanson St.
Salem, MA
Re: Variance Petitioner: Edward A. Potuin
Bass River Inc. 437 Essex St.
12 Hanson St. Beverly, MA
Salem, MA
To: City of Salem
Board of Appeal
Dear Board of Appeals,
This is a letter regarding the variance brought before you from the aforementioned
petitioner, Mr. Potuin of Bass River Inc. The `petitioner is seeking a variance from the
number of stories allowed(2 '/2)to allow a third floor roof deck and a Special Permit to
modify an existing non-conforming building' for use during business hours for the
purpose of growing a roof garden. Mr. Jodoin and Mr. Chesley both support the approval
of the variance without reservation and hope that the board will grant such.
Bass River has shown consistent, pro-active, and responsive concern for the well being of
the neighborhood in which it is situated. Problems of client and staff parking, snow
emergencies, ect. have been quickly, kindly, and professionally resolved by continuing to
work with the neighborhood in a timely manner. This is exactly the type of business,
owner, and neighbor we welcome into our neighborhood with open arms. We look
forward to a continued, positive relationship with Bass River and Mr. Potuin.
�incerely,
�n'/C �
Leo R. Jodoin Mark W. Chesley v
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Zoning Board Proiect Status Sheet
Project Address: 12 VA . -Z>0
Applicant: t3wss 2zve-r I c-
Date of Application: -cc 121- 1 01--
Date Opened at Meeting: ►n o�
Date of Continued Meetings:
Extension Form Signed? ❑ Yes, date: ❑No / n/a
Legal Notice Sent: 0( l Zb / o Publication Dates: l0/3 d- ►o/to
Abutters List Requested: 9lz(o /6q
Abutters Notice Sent: `1/2J /01-
Notice of Decision Sent: I lo-+
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Decision Filed: it /2 /C)-4-- Appeal Period Over: