11 HERBERT STREET - ZBA (2) Re-o.Q �\�C��i�
Zoning Board Project Status Sheet
Address & Applicant: IS
Date Submitted to BOA: , -21 ZSR S
rg,/Clerk Stamp:
Variances Only - Constructive Approval Date: (100 days from fling)
❑ Abutters List Requested:
. ❑ Abutters Notice Sent:
❑ Notice to AbuttingCities & Towns, Councillors:
❑ Legal Notice posted at City Hall: (14 days before meeting)
❑ Legal Notice Emailed & Confirmed:
❑ Legal Notice Posted on Web:
❑ 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: 2 )
Decision:
Decision Filed: Appeal Period Over:
6 after decision filed)
1� ecision Sent to Applicant:
Notice of Decision Sent to abutters, cities and towns, ,
z councillors:
1
ZBA ACTION FORM ;tgOARp'MEIVIBERSrMOTIONf SECOND QUOTE'
Date: 1/20/2 01 tp Rebecca Curran (Chair)
Petitioner: .Tom Watkins
Peter Copelas I
Address:
et
Paul Viccica(Alt.) 2
Total:
Conditions:
Go LA ra u.W rC-l]
❑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
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
ZBA ACTION FORM
BOAJIVWMOERS�_a ;,,<M6-06f,11SECOND VOTE;
Date: 2/ 1-1 Ko Rebecca Curran (Chair)
Mike Duffy
Petitioner: Tom Watkins
Peter Copelas
Address: t \ 1�e�\Oe�— S� Jimmy Tsitsinos
Jim Hacker(Alt.
Paul Viccica(Alt.)
Total:
Conditions:
❑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
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
El
❑ 5
0....94Q� CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
q ;
f l 120 WASHINGTON STREET♦SALEM,MAsSACNUg;iM 01970
"`�MINB TFiF:978-619-5685 FAX:978-740-04P
KIM9ERLEY DRIscoLL _<
MAYOR n o-
r
March 2, 2016 s
Decision D
City of Salem Board of Appeals u,
w
Reapplication of BLUE WATERS VERO, LLC, seeking Special Permits from Sec. 3.3.3
Nonconforming Structures and 3.3.5 Nonconforming Single and Two- Family Residential
Structures and a Variance per Sec. 5.1 Off- Street Parldng Requirements of the Salem
Zoning Ordinance to allow the conversion of a single-family dwelling unit to a two-family
dwelling unit and associated parking at the property of 11 HERBERT STREET (Map 35
Lot 320)(112 Zoning District).
The above petition was continued on January 20,2016 pending a Planning Board decision regarding
a reapplication pursuant to Mass General Law Ch. 40A, § 16.
As a result of a denial from the Planning Board to allow the petitioner to reapply to the Zoning
Board of Appeals, on February 17, 2016, the Board of Appeals considered the request to withdraw
the application without prejudice with the following Zoning Board of Appeals members present:
Peter A. Copelas (Vice- Chair),Mike Duffy,Jimmy Tsitsinos,Tom Watkins,and Jim Hacker
(alternate).
At the request of the Petitioner, the Board of Appeal voted 5-0 (Peter A. Copelas (Vice- Chair),
Mike Duffy,Jimmy Tsitsinos,Tom Watkins, and Jim Hacker (alternate) to allow the Petitioner to
withdraw this petition without prejudice.
GRANTED PERMISSION TO WITHDRAW WITHOUT PREJUDICE
Rebecca Curran, Chair —�
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH 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 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.
coNUT
CITY OF SALEM, MASSACHUSETTS
;q BOARD OF APPEAL
9 v qa
�?t'QNC�✓� 120 WASHINGTON STREET+ SALEM,MASSACH[JSETTSfiffaSEP 30 P 2: 20
TELE:978-745-9595 1 FAX:978-740-9846
KIMBERLEY DRISCOLL FILE
MAYOR CITY CLERK. SALEM. MASS.
September 30, 2015
Decision
City of Salem Board of Appeals
Petition of BLUE WATERS VERO, LLC, seeking Variances requesting relief from Sec. 4.1.1 Table of
nd minimum lot area per dwelling unit and Sec. 5.1 Off
Dimensional Requirements for minimum lot area a -
g Ordinance to allow the conversion of asingle-family
Street Parking Requirements of the Salem Zonin
dwelling unit to a two-family dwelling unit and associated parking at the property of 11 HERBERT STREET
(Map 35 Lot 320)(R2 Zoning District).
A public hearing on the above Petition was opened on September 16, 2015 pursuant to M.G.L Ch. 40A, 11.
and closed on this date with the following Salem Board of Appeals members present: Ms. Curran (Chair),Mr.
Copelas,Mx.Watkins,Mr. Tsitsinos and Mr.Viccica.
The Petitioner seeks Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements for
minimum lot area and minimum lot area per dwelling unit and Sec. 5.1 Off- Street Parking Requirements of
the Salem Zoning Ordinance to allow the conversion of a single-family dwelling unit to a two-family dwelling
unit.
Statements of fact:
1. In the petition date-stamped August 25,2015,the Petitioner requested Variances requesting relief
from Sec. 4.1.1 Table of Dimensional Requirements for minimum lot area and minimum lot area per
dwelling unit and Sec. 5.1 Off- Street Parking Requirements of the Salem Zoning Ordinance to allow
the conversion of a single-family dwelling unit to a two-family dwelling unit.
2. Attorney Mcgloin presents the petition on behalf of the applicant.
3. The property was at one time used as a two (2) family dwelling unit and has since been converted, at
the request of previous owners, to a single family home.
4. The property is currently used as a single-family home, but is divided as a two family and is separately
metered for two (2) units.
5. The lot size is 2,657 square feet. The zoning ordinance requires a minimum lot size of 15,000 square
feet in an R2 Zoning District and also requires a minimum lot area per dwelling unit of 7,500 square
feet.
6. No changes to the existing building footprint are proposed.
7. The petitioner proposes parking plans with two (2) parking spaces. The parking requirements per the
Salem Zoning Ordinance for a residential use are 1.5 parking spaces per dwelling unit.
8. The petitioner recently bought the home through an estate sale and bought it as a single-family home.
9. The petitioner states that without relief from the Zoning Ordinance there would be a substantial
financial hardship incurred.
City of Salem Board of Appeals
September 30,2015
Project: 11 Herbert Street unit to a
Page 2 of 2 would allow the Petitioner to convert a single-family dwelling
g Y
10. The requested relief,if granted would
parking. the eration and no
two-family dwelling' opposition to, p
11 At the public hearing one (1) member of the public spoke in
members of the public spoke in support of the petition.
The Salem Boatd of App lication narrative and plans,. and the of meetPetitioner's
the
Appeals, after careful consideration of the evidence presented at the public hearing, and
includin the application s that the proposed proect does not meet e
after thorough review of the Penn°kes the following finding
presentation and public testimony, Ordinance:
provisions of the City of Salem Zoning
Findings for Variances: _
s and structures . the same district.
1. There are no pxesentedspecial allnot affeocting othcircumstances
r lands,buildings
building t especially affect the land, budding,
or structure involved gen. Y
caused b the petitioner does not meet the standard
2. Literal enforcement
n.O the as Pa financial al hardship caused
would not create a substantial unique
hardship to the pe
requirements of a legitimate hardship and °cue involved➢ coelate with any q
that especially affect the land, from the intent of
3. The desired relief may not be granted without nullifying or
substantially derogating
of the City of Salem Zoning Ordinance.
the distract or purpose
s the Salem Board of Appeals voted one (1) in favor
opposed (Ms. Curran,Mr. Copelas,Mr.Viccica,Mt.Watkins),to grant Variances
On the basis of the above statements of facts and findings, iun lot area and minimum lot
(Mr.Tsitsinos) and four (4) Ordinance to allow
requesting relief from Sec. 4.1.1 Table of Dimensional Requirement
Re dements of the Salem Zoning
area per dwelling unit and Sec. 5.1 Off- Street parkinga two-farridy dwelling unit and associated parking,
the conversion of a single-family dwelling
EwrT J 2016
THE PETITI IS II
R tt�irtrty t3sst 20 dsys tt Ong*8Et � � o
Rebecca Curran, Chair
M date this tit vtrumam vrns ro�eh:�d, ar��yd fri'i Board of Appeals
too PAPEAL hoseeer, tiled in tt,1z a c S
F TrtY e .tyty/!rI'ac_'—
A COPY`OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
40A
Appea[from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter neral an
Variance or Special Permitgranted herein shall not take effect until a copy of the decision bearing
shall be pled within 20 day o(filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General ws
Chapter 40A Section 11, the Van
the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.
CITY OF SALEM MASSACHUSETTS
q, a BOARD OF APPEAL
ER'' 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KID•IBERLEY DRISCOLL TELE: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, February 17, 2016 at 6:30
p.m. at 120 Washington St., Salem, MA, the Zoning Board of Appeals voted on the following item:
Reapplication of BLUE WATERS VERO, LLC, seeking Special Permits from Sec. 3.3.3 Nonconforming
Structures and 3.3.5 Nonconforming Single and Two-Family Residential Structures and a Variance per Sec. 5.1 Off-Street
Parking Requirements of the Salem Zoning Ordinance to allow the conversion of a single-family dwelling unit to
a two-family dwelling unit and associated parking at the property of 11 HERBERT STREET (Map 35 Lot
320)(R2 Zoning District).
In a Planning Board decision dated February 9, 2016, the Planning Board denied the petitioner to apply
to the Zoning Board of Appeals for a reapplication.
Decision: WITHDRAWN WITHOUT PREJUDICE
Filed with the City Clerk on Match 2, 2016
This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 d, 15 and does not
require action by the recipient.Appeals, if 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.
' n
RONAN, SEGAL & HARRINGTON RECEIVED
ATTORNEYS AT LAW
FIFTY-NINE FEDERAL STREET FEB 16 2016
JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470
JACOB S.SEGAL
MARY PIEMONTE HARRINGTON DEPT. OF PLANiII;NG S
GEORGE W.ATKINS III TEL(978)744-0350 COMMUNITY DEVELOPWENT
FAX(978)744-7493 FILE N0.0-740.1
OF COUNSEL
MICHAEL J.ESCHELBACHER
February 9, 2016
Zoning Board of Appeals
City of Salem
120 Washington Street, 3`d Floor
Salem, MA 01970
ATTN: Erin Schaeffer
RE: 11 Herbert Street, Salem, MA
Dear Ms Schaeffer:
The applicant hereby requests to withdraw without prejudice the petition
regarding the above referenced address.
Very truly"yo
Ge.r a W. Atkins 1"
GWA/dap
CITY OF SALEM
PLANNING BOARD
201b FEB —9 R 8: 59
Reapplication CITY L
I I Herbert Street(Map 35;Lot 320) 4.
February 9, 2016
Blue Waters Vero, LLC
65 Salem Street
Woburn, MA 01801
RE: Reapplication— 11 Herbert Street
On Thursday, February 4, 2016 the Planning Board of the City of Salem opened a Public
Hearing regarding the application of Blue Waters Vero, LLC for the Planning Board to.consider
whether the reapplication for the Variance request has been a,specific and material change in the
conditions upon with the previous unfavorable action was based.
The Public 'Hearing was closed on February 4, 2016. At a-regularly scheduled meeting of the
Planning Board held on February 4, 2016,. the Board:Noted by a vote of Six (6) in favor (Chair
Ben Anderson, Vice Chair Matt Veno, Helen Sides, Kirt Rieder, Noah Koretz, Dale Yale) in
favor and one (1) opposed,.(Carole Hamilton) to approve the application. Given that one member
was absent and one member opposed the approval,the petition is denied.
Ben J. Anderson
Chair
I
CITY OF SALEM
PLANNING BOARD
Notice of Decision
At a meeting of City of Salem Planning Board held on Thursday, February 4, 2016 at 7:00pm at 120
Washington St., Salem, MA, the Planning Board voted on the following items:
A public hearing to consider the application of BLUE WATER VERO, LLC, for the reapplication of
BLUE WATERS VERO, LLC, seeking Special Permits from Sec. 3.3.3 Nonconforming Structures and
3.3.5 Nonconforming Single and Two- Family Residential Structures and a Variance per Sec. 5.1 Off-
Street Parking Requirements of the Salem Zoning Ordinance to allow the conversion of a single-family
dwelling unit to a two-family dwelling unit and associated parking at the property of 11 HERBERT
STREET (Map 35 Lot 320)(R2 Zoning District). In particular, the Planning Board considered whether the
reapplication for the Variance request has been a specific and material change in the conditions upon with
the previous unfavorable action was based.
Decision: Denied
Filed with the City Clerk on February 9,2016
This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 dam' 15 and does not
require action by the recipient.Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20
days from the date which the decision was filed with the City Clerk.
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • PHONE 978.619.5685 FAx 978.740.0404 • www.sALEM.WM
. 'coriorrea^�
ELIZABETH M.RENNARDVICTORIA B.CALDWELL
CnYSolKrfDR AsrlsrAlvr CrrrSOlJrn'ox
93 WASHINGTON STREET
93 WASHINGTON STREET
SALHAI,MA 01970 CITY OF SALEM SALEm,MA 01970
Trl.:978.619.5633 Tra.:978.619.5634
FAX: 978.744.1279 KMOERLEY L.DRISCOLL,MAYOR FAX: 978.744.1279
EMAIL:BRENNARDQSALWCOM EMAIL:vCAI.MvELL®.SN.EM.GOM
LEGAL DEPARTMENT
93 WASHINGTON S MET
SALEM,MASSACHUSETTS 01970
Ir�er�o►�'ioe Memo
Date: January 15,2016
To: Erin Schaeffer,Planning Department
Amanda Chiancola,Planning Department
/�S;J L� '
From: Elizabeth Rennard,City Solicitor�I
RE: Repetitive Petitions
In response to your request relative to the process for petitioner BLUE WATERS VERO, LLC to
re-apply for relief within a two-year period, I offer the following guidance:
Lastfall, BLUE WATERS VERO, LLC sought Variances requesting relief from Sec. 4.1.1 Table
of Dimensional Requirements for minimum lot,area and minimum lot area per dwelling unit and
Section 5.1 Off-Street Parking Requirements of the Salem Zoning Ordinance to allow the
conversation of a single-family dwelling unit to a two-family dwelling unit and associated
parking at the property of 1 I HERBERT STREET(Map 35 Lot 320(R2 Zoning District): On
September 30,2015, the Zoning Board of Appeals denied the request for Variances.
BLUE WATERS VERO, LLC, now seeks a Special Permit from Sec. 3.3.3 Nonconforming
Structures and 3.3.5 Nonconforming Single and Two- Family .Residential Structures and a
Variance per Sec. 5.1 Off- Street Parking Requirements of the Salem Zoning Ordinance to allow
the conversion of a single-family dwelling unit to a two-family dwelling unit and associated
parking at the property of 11 HERBERT STREET(Map 35 Lot 320)(R2 Zoning District).
As you know, the Zoning Board of Appeals cannot consider the merits of a repetitive petition
until the Planning Board provides consent,based on a finding of specific and material change in
the conditions upon which the previous unfavorable action was based;within a two-year(2)
timeframe from the Zoning Board of Appeals Decision.
The procedural steps are as follows:
1. An appellant or petitioner must first submit his appeal, application or petition that has been
unfavorably acted upon to the Planning Board. Where the relief requested is different,the
repetitive petition provisions do not apply.See Griffith v. Board of Appeals of Framingham, 27
Mass. App. Ct. 227(1989). Therefore, in this case, only the variance for relief from the parking
requirements requires the Planning Board's consent.
2. The Planning Board must give notice to parties in interests of the time and place of the
proceedings where the Board will consider the question of consenting to a repetitive petition.
I At the public meeting,the Planning'Board considers whether the appellant or petitioner has
submitted sufficient information that could lead to a finding that there has been a specific and
material change in the conditions upon which the previous unfavorable action was based.
4. All but one member of the Planning Board must vote in favor of allowing the appellant or
applicant to resubmit the appeal,application or petition.
5. If the Planning Board consents,the appellant or applicant files his repetitive petition with the
Zoning Board of Appeals in the same manner as the original appeal, application or petition.
6. The:Zoning Board of Appeals then holds a public hearing on the repetitive petition in the,same
manner as the original appeal, application or petition.
7. In addition to what is normally required to be contained in the public hearing notice, the notice
should also specify that the appeal, application or petition is a:repetitive petition and that the,
Zoning Board,ofAppeals will be considering the question of whether there has been a specific or
material change in the conditions upon which the previous unfavorable action was based.
8. Before acting favorably on any repetitive petition,the Zoning Board of Appeals must find,by
a vote of four members of a five member board or by a two-thirds vote of a board of more than
five members, specific and material changes in the conditions upon which the previous
unfavorable action was based. Such changes must be specified in the record of its proceedings.
9. The Zoning Board of Appeals must then find that all the statutory requirements have been met
before granting any special permit'or variance.
I hope this information is helpful. Please contact me with any questions or concerns.
CITY OF SALEM
ZONING BOARD.OF APPEALS
Will hold a public hearing for all
persons interested in the reapplica-
tion of BLUE WATERS VERO, LLC,
seeking Special Permits from Sec.
3.3.3 Nonconforming Structures
and 3.3.5 Nonconforming Single
and TWO-Family ResldentialStmc-
tures and a Variance per Sac:5.1
i Off- Street Parking Requirements
of the Salem Zoning Ordinance to
allow the conversion of a single-
family dwelling unit to a two-family
dwelling unit and associated park-
Ing at the property of 11 HERBERT-
. STREET(Map 35 Lot 320)(R2 Zon-
ing District),
The public hearing will be held -
on Wednesday. January 20, 2016
at 6:30 PM,in Room 313,3rd at 120
1 -Washington Street in accordance "
with Chapter 40A of the Massachu-
setts General Laws.
Rebecca Curran,Chair
SN-1/6,1/13/16 Board of Appeals
;e
conwtm9
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON S'txEsr 4 SALEM,1bIA5$ACHOSETTS 01970
.�1MINE0 T=;978-619-5685♦ FAX:978-740-0404
KmmRRiFY DRiscOLL
MAYOR
n
o
r
r=; m
�.r 2
• r- 1
City of Salem
Zoning Board of Appeals = N
3> (-n
Will hold a public hearing for all persons interested in the reapplication of BLUE WAXERS W-RO, LLC,
seeking Special Permits from Sec. 3.3.3 Nonconforming Structures and 3.3.5 Nonconforming Single and Two- Family
Residential Structures and a Variance per Sec. 5.1 Off-Street Parking Requirements of the Salem Zoning Ordinance
to allow the conversion of a single-family dwelling unit to a two-family dwelling unit and associated parking at
the property of 11 HERBERT STREET (Map 35 Lot 320)(R2 Zoning District).
The public hearing will be held on Wednesday, January 20, 2016 at 6:30 PM, in Room 313, 3`d at 120
Washington Street in accordance with Chapter 40A of the Massachusetts General Laws.
Rebecca Curran, Chair
Board of Appeals
Salem News: 1/6/2016 & 1/13/2016
This notice posted on "Offi al Bulletin Board"
City Hall, Salem, Mass. on (p
at a ;5 pm in accordancd with MGL Chap. 30A,
Sections 8-25.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM,MASSACHUSETTS
a
BOARD OF APPEALS
2015 DEC 28 A It: 42
120 WASHINGTON STREET,3RD FLOOR
SALEM,MASSACHUSETTS 01970 `=
KiNmERLEY DRISCOLL CITY
MAYOR Thomas St.Pierre,Director of Inspectional Services
Phone:978-619-5641/Fm 978-740-9846
Erin Schaeffer,Staff Planner
Phone:978619-5685/Fax:978-740-0404
TO THE BOARD OF APPEALS
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address: 11 HERBERT STREET Zoning District: R-2
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:
I am proposing to construct a 10'X 10'one story addition to my home located a 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)
Change the existing permitted use as a one family residential structure to use as a permitted two family
residential structure with no change to the nonconforming structure and nonconforming lot; and provide for
required three car on-site parking but partially in tandem.
For this reason I am requesting:
(X )Variance(s)from provisions of Section 5.0 of the Zoning Ordinance,specifically from
Prohibition of tandem parking (i.e. minimum depth of rear yard).
What is allowed is three(3)parking spaces (jt?sq ft?stories?%?), and what I
am proposing is three(3) spaces(two tandem) 0?sq ft?stories? %?).
(X )A Special Permit under Section 3.3.3 and 3.3.5 of the Zoning Ordinance in order to grant a special
permit for less than the minimum lot area per dwelling unit
( )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: Single Family Are Lot Dimensions Included? (X ) Yes ( )No Why?
(Example:.Two Family Home)
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:
( X ) Reapplication Statement
(X ) 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 involve 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.
(X ) 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 application-to-the Board of Appeals involving this property have-been submitted with this petition --
form. The Building Commissioner can provide documentation ofprevious application to the petitioner or his
representative.
If different from petitioner:
Petitioner: Blue Waters Vero,LLC Property Owner: Blue Waters Vero,LLC
Address: 104 Gregory Island Rd, So.Hamilton,MA 01982 Address: 104 Gregory Island Rd,So.Hamilton,MA 01982
Telephone: Telephone:
Email: Email:
Signatur Signature:
i a� (Attached consent letter is also acceptable)
Date: D er 28.2015 Date:
If different from petitioner:
Representative: Any George W.Atkins III
A TRUE Address: 59 Federal Street, Salem,MA 01970
ATTEST Telephone: 978-744-0350--X 07_
Sign re:
Date. December 28 2015
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
PARKING PLAN
IN .,
SALEM , MASS.
REID LAND SURVEYORS
365 CHATHAM ST., LYNN, MASS.
(781) 592-2660 — plotplons@reidls.00m
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WILLIAM
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No. 29422
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N/F
CIVIL ACTION NO. 311323 HERBERT STREET LLC
9-0 9.0'
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9 HERBERT STREET
CONDOMINIUM 'STORY
WOOD
MULTIPLE OWNERS #11
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47'
11 HERBERT ST.
REAPPLICATION
STATEMENT
The attached Decision of the Board was made in September, 2015. As noted in the
Decision, the petition requested relief in the form of variances. The current petition requests relief
in the form of a Special Permit with a minor variance from parking regulation.
As highlighted in the attached material from Massachusetts Continuing Education
"Massachusetts Zoning Manual", Section 10.20.1, case law provides that the two year prohibition
against reapplication for zoning relief"does not apply where different or alternative forms of relief
are requested."
The requested relief in the instant application requests a Special Permit in accordance with
Ordinance Sections 3.3.3 and 3.3.5 with an added request for a minor variance from parking
arrangement regulation, which constitutes a"different form of relief."
§10.20 MASSACHUSETTS ZONING MANUAL
§ 10.20 REAPPLICATION/WITHDRAWAL
The Zoning Act places certain limits on reapplication following a final"unfavora-
ble action."
§ 10.20.1 Prohibition of Reapplication
The first paragraph of Section 16 of the Zoning Act imposes a two-year
moratorium on certain reapplications for zoning relief.
No appeal, application or petition which has been un-
favorably and finally acted upon by the [SPGA or
PGA] shall be acted favorably upon within two years
after the date of final unfavorable action;unless said
3 [SPGA or PGA] finds, by a unanimous vote of a
board of three members or by a vote of four members
of a board of five members or two-thirds vote of a
board of more than five members, specific and mate-
rial changes in the conditions upon which the previ-
ous unfavorable action was based, and describes such
changes in the record of its proceedings, and unless.
all but one of the members of the planning board con-
sents thereto and after notice is given to parties in in-
terest of the time and place of the proceedings when
the question of such consent will be considered.
The purpose of this requirement is"to give finality to administrative proceedings
and to spare affected property owners from having to go repeatedly to the barri-
cades on the same issue."Ranney v Bd. of Appeals of Nantucket, 11 Mass.App.
Ct. 112, 115 (1981). The two-year period runs from the filing with the city or
town clerk of the unfavorable decision, cf. Bldg. Inspector of Attleboro v. Attle-
boro Landfill, Inc., 384 Mass. 109 (198 1) (construing,"final action" in Zoning
Act §9), and does not prohibit filing for reconsideration within the two-year
period so long as "favorable action" on the refiled petition is delayed until the
period has expired.
The prohibition does not apply where different or alternative forms of relief are
requested. See, e.g., Halko a Bd. of Appeals of Billerica,_349,Mass. 465, 473.
(1965)-(special permit denial does not preclude van_an_ce request within the two'
F`ar period):The prohibition also should not apply when a favorable or unfavor-
able'decision of a PGA or SPGA is annulled by the courts or while an appeal
from a favorable or unfavorable decision is pending because final action on the
application has not been taken in either case. Additionally, the prohibition may
10-70 5th Edition, 1st Supplement 2013
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
to �i
59�s
120 WASHINGTON STREET♦ SALEM,MAssACHu`E'Tsfl �EP 30 P 2
Ixi,E:978-745-9595 ♦ FAx:978-740-9846 �" 20
KiivffiERI.EY DRiscoi.c .,
MAYOR FILE #
September 30, 2015 CITY CLERK, SALEM. MASS.
Decision
City of Salem Board of Appeals
Petition of BLUE WATERS VERO, LLC, seeking Variances requesting relief from Sec. 4.1.1 Table of
Dimensional Requirements for minimum lot area and minimum lot area per dwelling unit and Sec. 5.1 Off-
Street Parking Requirements of the Salem Zoning Ordinance to allow the conversion of a single-family
dwelling unit to a two-family dwelling unit and associated parking at the property of 11 HERBERT STREET
(Map 35 Lot 320)(82 Zoning District).
A public hearing on the above Petition was opened on September 16,2015 pursuant to M.G.L Ch. 40A, g 11.
and closed on this date with the following Salem Board of Appeals members present:Ms. Curran (Chair),Mr.
Copelas,Mr.Watkins,Mr. Tsitsmos and Mr. Viccica.
The Petitioner seeks Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements for
minimum lot area and minimum lot area per dwelling unit and Sec. 5.1 Off- Street Parking Requirements of
_ the Salem_Zoning Ordinance to allow the conversion_of a single-family dwelling unit to a two-family dwelling
unit. _ _ -- ---- -
Statements of fact:
1. In the petition date-stamped August 25, 2015, the Petitioner requested Variances requesting relief
from Sec. 4.1.1 Table of Dimensional Requirements for minimum lot area and minimum lot area per
dwelling unit and Sec. 5.1 Off- Street Parking Requirements of the Salem Zoning Ordinance to allow
the conversion of a single-family dwelling unit to a two-family dwelling unit.
2. Attorney Mcgloin presents the petition on behalf of the applicant.
3. The property was at one time used as a two (2) family dwelling unit and has since been converted, at
the request of previous owners, to a single family home.
4. The property is currently used as a single-family home, but is divided as a two family and is separately
metered for two (2) units.
5. The lot size is 2,657 square feet. The zoning ordinance requires a minimum lot size of 15,000 square
feet in an R2 Zoning District and also requires a minimum lot area per dwelling unit of 7,500 square
feet.
6. No changes to the existing building footprint are proposed.
7. The petitioner proposes parking plans with two (2) parking spaces. The parking requirements per the
Salem Zoning Ordinance for a residential use are 1.5 parking spaces per dwelling unit.
8. The petitioner recently bought the home through an estate sale and bought it as a single-family home.
9. The petitioner states that without relief from the Zoning Ordinance there would be a substantial
financial hardship incurred.
City of Salem Board of Appeals
September 30,2015
Project: I1 Herbert Street
Page 2 of 2
10. The requested relief,if granted,would allow the Petitioner to convert a single-family dwelling unit to a
two-family dwelling unit with associated parking.
11. At the public hearing one (1) member of the public spoke in opposition to, the petition and no
members of the public spoke in support 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, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project does not meet the
provisions of the City of Salem Zoning Ordinance:
Findings for Variances:
1. There are no presented 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
2. Literal enforcement of the provisions of the Ordinance would not create a substantial and unique
hardship to the petitioner as a financial hardship caused by the petitioner does not meet the standard
requirements of a legitimate hardship and does not directly correlate with any unique circumstances
that especially affect the land,building or structure involved.
3. The desired relief may not 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 one (1)in favor
(b&. Tsitsinos) and four (4) opposed (Ms. Curran, Mr. Copelas, Mr. Viccica,Mr.Watkins), to grant Variances
requesting relief from Sec. 4.1.1 Table of Dimensional Requirements for minimum lot area and minium lot
area per dwelling unit and Sec. 5.1 Off-Street Parking Requirements of the Salem Zoning Ordinance to allow
the conversion of a single-family dwelling unit to a two-family dwelling unit and associated parking,
THE PETITION IS DENIED.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this deasion, 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 Permit granted berein 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.
/ �OPIo'IT,j -
--
,ytn.
CITY OF SALEM, MASSACHUSETTS
-` BOARD OF APPEAL
120 WASHINGTON STREET 4 SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TELE: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, September 16,2015 at 6:30
p.m. at 120 Washington St., Salem, MA, the Zoning Board of Appeals voted on the following item:
Petition of BLUE WATERS VERO, LLC, seeking Variances requesting relief from Sec. 4.1.1 Table of
Dimensional Requirements for minimum lot area and minimum lot area per dwelling unit and Sec. 5.1 Off-
Street Parking Requirements of the Salem Zoning Ordinance to allow the conversion of a single-family
dwelling unit to a two-family dwelling unit and associated parking at the property of 11 HERBERT STREET
(Map 35 Lot 320)(R2 Zoning District).
Decision: DENIED
-- --- Filed with the City Clerk on September-30j-2015--
This
eptember30,-2015--This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 dam' 15 and does not
require action by the recipient.Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within
20 days from the date which the decision was filed with the City Clerk.
t
SPECIAL PERMIT
STATEMENT OF GROUNDS
The proposed change of use is a change from a conforming use as a single family dwelling
to another conforming use as a two family dwelling which was the original use of the building. No
changes to the nonconforming structure and lot are proposed.
The existing lot is nonconforming as to area, consisting of 2,567 SF compared to the
ordinance requirement of 15,000 SF. The proposed conforming use as a two family dwelling
requires 7,500 SF per dwelling unit i.e. 15,000 SF, the same for single family use.
The two family district contains many similar nonconforming structures, lots, and multi-
family uses and thus the proposed use confirms to the neighborhood character. The proposed use as
a two unit residential condominium will provide the social and economic needs of the community
for small size starter homes. The small size of the units will not cause an increase in traffic. Since
parking will be on site, the proposed use will not result in additional street parking. Utilities,
drainage, and natural environment will not be impacted. The two unit condominium will increase
real estate tax revenue from the property.
Thus the proposed conforming use will not be substantially more detrimental to the
neighborhood.
VARIANCE STATEMENT
The lot has an irregular shape and a building encroachment which are unique conditions in
the R-2 zoning district. The proposed use as a two family residential dwelling is a permitted use in
the district and was the original use of the building. The proposed parking of three (3)vehicles
complies with the proposed use and petitioner is requesting a minor variance to allow two (2)
spaces to park in tandem. The limited existing lot area of 2,567 SF and the shape of the lot creates a
substantial hardship as the property would not otherwise be able to be used for the two family use
permitted in the zoning district. The relief requested is a minor variation from the ordinance
parking regulations and does not create an inconsistent use in the residential district and thus a
relatively minor hardship justifies a variance and satisfies the requirement that there is no
substantial derogation of the intent of the Ordinance to preserve the residential neighborhood.
i