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379 LAFAYETTE STREET - ZBA - -- 1 r ��q:CONWT,t;�Q ;., CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 1014 MAR 10 P241 120 WASHINGTON STREET ♦ SALEM,b1ASSAmusEm 01970 MMBERLEYDRiscotm, TELE:978-745-9595 ♦ FAx:978-740-9846 FILE ff 111AYOR CITY CLERK. SALEM, MASS. March 10, 2014 Decision City of Salem Board of Appeals Petition of JEFFREY PERAS requesting a Variance pursuant to the provisions of Section 3.3.4 Nonconforming Uses and Structures — Variance Required, to grant relief from the requirements of Section 4.1.1 Table ofDimensional Requirements, to allow remodeling of a kitchen and construction of a deck at the property located at 379 LAFAYETTE STREET (RI &ECOD Zoning District). A public hearing on the above Petition was opened on February 19, 2014 pursuant to M.G.L Ch. 40A, The heating was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Dionne, Mr. Duffy, Ms. Harris, Mr. Watkins, Mr. Copelas (Alternate), and Mr. Tsitsinos (Alternate). The Petitioner seeks a Variance from Section 4.1.1 Table of Dimendonal Requinmews of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped January 29, 2014, the Petitioner requested a Variance to allow the remodeling of a kitchen. The kitchen remodel requires a Variance as the proposed kitchen encroaches on the 10-foot minimum required width of side yard. 2. After submission of the application Mr. Thomas St. Pierre, Zoning Enforcement Officer, determined that the proposed deck would also require a Variance, as it exceeded the allowed 30% maximum lot coverage by all buildings. The proposed structure, inclusive of the proposed deck, would result in 31% lot coverage by all buildings. 3. Mr.Jeff Peras presented the petition for the property at 379 Lafayette Street. 4. The existing mudroom, which would be demolished for the construction of the new kitchen area, hes approximately 4.5 feet from the side lot line at the narrowest point. The proposed remodeled kitchen would he approximately 5.5 feet from the side lot line at the narrowest point. 5. The requested relief, if granted, would allow the Petitioner to remodel the kitchen such that it extends to within 5.5 feet of the side lot line, and to construct a rear deck that would result in a 31% total lot coverage by all buildings. 6. At the public heating, no members of the public spoke in support of or opposition to the petition. Written comments from six abutters were submitted in support of the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public heating, and after thorough review of the petitions, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Board of City of Salem Appeals March 10,2014 Project: 379 Lafayette Street Page 2 of 2 Findings — Variance from the required minimum width of side yard to allow remodeling of the kitchen: and from the 30% maximum lot coverage by all buildings to allow the construction of a deck: 1. The angled shape of the lot and the location of the building on the lot create a hardship. The rear lot line is square to Naples Road and Lafayette Street, but the southern lot line is at an irregular angle. The existing structure is located toward the southern side of the lot such that it encroaches on the required minimum 10-foot width of side yard. 2. Literal enforcement of the provisions of the Ordinance would be a substantial hardship. The proposed deck configuration exceeds the maximum allowed lot coverage by all buildings requirement by only 1%. 3. The renovation results in a greater setback from the side lot line than the existing configuration of the structure thus making it less nonconforming that the existing house. . The desired relief may be granted without substantial detriment to the public good. 4. The desired relief may be granted without nullifying or substantially derogating from the intent 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 (Mr. Watkins, Ms. Curran, Mr. Dionne, Ms. Harris, and Mr. Duffy in favor) and none (0) opposed, to grant the requested Variances to allow the remodeling of the kitchen and construction of a rear deck, subject to the following terms, conditions, and safeguards: 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 fie 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 is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board —UIv 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 decision,if any,shall be made pursuant to Section 17 of the Massachusetts Genera!Laws Chapter 40A, and shall be filed within 20 days of filing of this dedsion in the olice of the City Clerk Punuani 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 cenifirate of the Cily Clerk has been filed with the Esser South Registry of Deeds. a CER77FIED PLOT PLAN AS—BUIL T IN SALEM, MASS. MIDDLESEX SURVEY INC. LAND SURVEYORS 131 PARK STREET NORTH READING, MA 01864 SCALE: 1"-- 30' DATE: OCT. 4, 2010 0' 30' 60' 90' LAFA YETTEE STREET 70.00' µ21.8, BU/LD/NG COVERAGEo � �'' i ^� 379 DWELL/NG 1,829sf �, STORri GARAGE 345sf ti ��%ooERAME m, i 2, 174sf SCREEN 8, 103sf PORCH�� 269 c�_�, rc.,r„ lzi �/) 8, 103�Esf i !G�" OPEN AREA pRPj; """'NOUS CONCRETEDRIQ DWELLING 1,829sf %�i;' 85,78'E GARAGE 345sf (8562' DEED) DRI VE 1,224sf 3,398sf 8, 103sf ZONE. R1 427 — 1009 = 589' MIN. SETBACKS 15' STREET 10' SIDE 30' REAR MAX BUILDING COVERAGE 309 ���PSHCFMgSS ALPHONSE G I CER77FY THAT 774E EXIS77NG DWELLING ° HALEY LOCATED AS SHOWN. NO. 31312 OA 7F• 10/4/10 RFs �Fci s ERE° Registe d Lad v yor 'r'cNaL LAN) n NO. 1,590 Q CERTIFIED PLOT PLAN PROPOSED ADD/TION IN SALEM, MASS. MIDDLESEX SURVEY INC. LAND SURVEYORS 131 PARK STREET NORTH READING, MA 018'64 SCALE.• 1"= 30' DA TE' FEB. 4, 2014 0' 30' 60' 90' LAf-A YEETTEE STREET 70.00' . I , PROPOSED ADD/770N 4.0' x 14.8' ti ��• / PORCH i O 2T.8' BU/LD/NG COVERAGE Ss o DWELLING 1 f J90s O1 (2) STORr i PROPOSED 390sf / WOODFRAME GARAGE 345sf "' F+ �i 2,564s? Oy 4,1l PROPOSED DECK SCREE/ Jr 8, 103sf = 317 ` 8, 103fsf v OPEN AREA GPRPG� 817Z41/N0US CONCRETE Q DWELLING 1,829sf OR/E GARAGE 345sf 85.78' DRI VE 1,224sf (65.62' DEED) PROPOSED 390sf 3, 788sf ZONE: RI 8, 103sf M/N. SETBACKS 469 — 1009 = 549 15' STREET 10' SIDE 30' REAR MAX. BUILDING COVERAGE 309 P�INA OFMASs'Oti ALPHONSE N I CERTIFY THAT THE EXISTING DWELLIN HALEY D. LOCATED AS SHOWN. NO. 31312 DA 7E. 214114 s ec,s"t ° Reg7sTeV�rLdn& likrveyor S CAAL LAtO N0. 1590 CIO CER77FIED PLOT PLAN PROPOSED ADDITION /N SALEM, MASS. MIDDLESEX SURVEY INC. LAND SURVEYORS 131 PARK STREET NORTH READING, MA 01864 SCALE: 1"= 30' DA TE: FEB. 4, 2014 0' 30' 60' 90' LAFA YEETTE- STI? ET 70.00' PROPOSED ADD/AON ti J ?- --'- '�%<� 4.0' x 14.8' �)• r' PORCH O BUILD/NG COVERAGE ss � ���;Ao DWELLING 1,829sf PROPOSED 310sf SARAGE 345sfjWOODFRAME j 2,484Sf O y 4,L PROPOSED DECK SCREEN P 8, 103sf O v "J p " � O = 309 8, 103-* v OPEN AREA GPRPG� 811UM/NOUS CONCRETE DWELLING 1,829sf DRIVE GARAGE 345sf 8578' DRIVE 1,224sf (85 62' PROPOSED 310sf 3,708sf ZONE." RI 8, 103sf MIN. SETBACKS 459 — 1009 = 559 75' STREET JO' SIDE 30' REAR MAX. BUILDING COVERAGE 309 ���p�NOFMgss��y ALPHONSE GN 1 CER77FY THAT THE EX/ST7N WELL1 /S HALEY D. LOCATED AS SHOWN. No. 37372 DA 7E.- 214114 s cis ID Regist ed andSlirveyor ' ON LANG NO. 1,590 0 0 v- PARTIAL SECOND FLOOR PLAN PARTIAL FIRST FLOOR PLAN NOT FOR OOJ5Tfd1LTI0N D&A DM�. & ILIHI lEEB _- —___--------- - - - - -------- ------- --- _ --_—_ _. .....- -1-1-1------ M97D E%1$ o COAND �9 AND EIEVAMONS O �❑ RIGHT SIDE ELEVATION REAR ELEVATION 2-11 vin l-t� t(r iA-s CL"'4-k4' � 1� v`� , a vL �. �oU��uOt � Gt-�t�.b•�1.�J1�'-CC.f �lt.vrl,S /T C.u ivcc� cd.e - Co v , ke 54-: tTj a February 16, 2014 To Whom It May Concern: I am writing regarding the petition of Jeffrey Peras requesting a variance for remodeling his kitchen and constructing a deck on his property at 379 Lafayette Street. I have met with Jeff to review the plans for his kitchen and deck and see no apparent reason from my perspective to deny the variance. He has assured me that he has discussed this with the neighbors most impacted by the construction. Please feel free to contact me if there are further questions. Ju ' arter 2 pies Road #1 Salem, MA 01970 978 594 5818 home JACK HOAR 11 NAPLES ROAD SALEM MA, 01970 (978)745-4423 RE: Peras Residence Renovation To whom it may concern: After reviewing the architectural drawings (page A2, dated 9/9/2010) of the proposed renovations at the subject property, I have no objection to the work going forward as drawn. As this house is located in an RI district, I would expect that the work be performed during appropriate working hours as established by the City of Salem. Sincerely, ack Hoar February 16, 2014 S4\cvv\ NA o� ea \,j\W �� \� � h1 �1 C.� �Y\\\ O`��� \ w•V�Nv� UVB' � � �� \ uu-( I \,\O` ��� p aha rr� oZ121 C� 99& © .� L, vw• S1, P� e�r�re � r�v�d � � ��P.�-.( s - 319 Lrte- :� e4+e E+ Kt �� ( Decd w �� �� � f��- PISS SvRvv, �' tf��-c _ � � dee w�t-�. e�2r•� 1-�, ��� mks Pik; �S e5 w-ecot c� i �AA 5 , , A- 1 31' 1021 10 m"side setback wa I . 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