414 LAFAYETTE STREET - ZBA (4) �� �'-I La�o�.te-�'�e S-Ec�e-e--j-
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Address & Applicant: LI 1 14
Date Submitted to BOA: 7Q I
fz� Clerk Stamp:
Variances Only - Constructive Approval Date: (100 days fyom riling)
Abutters List Requested:
Abutters Notice Sent:
Notice to Abutting Cities & Townsq Councillors:
Legal Notice posted at City Hall: (14 day s before Ineeting)
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:
Closed at Meeting: Extension Form(s) Sign'ed & Clerk Stamped?
Decision:
Decision Filed: Appeal Period Over:
after decision filed) (21"day
El Decision Sent to Applicant:
Ei Notice of Decision Sent to abuttersq cities and towns,
Councillors:
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MASSACHUSETTS
CITY OF SALEM,
BOARD OF APPEAL
120 WASHINGTON STREFT* SALEM,MASSACHUSIT17S 01970
KIMBERLEY DRiscoLL TFLE:978-745-9595 * FAX:978-740-9846
MAYOR
Notice of Decisio
At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday,December 20, 2017 at 6:30
p.m. at 120 Washington St., Salem,MA, the Zoning Board of Appeals voted on the following item:
A public hearing for all persons interested in the petition of NIATTHEW KEANE seeking a Special Permit
per See. 3.3.5 Nonconforming Structures of the Salem Zoning Ordinance to add a 24 x 24 garage to the rear of the
existing residential structure, remove existing garage and relocate R.OW at the property of 414
LAFAYETTE STREET (Map 32 Lot 169) (Rl Zoning District)
Decision: Granted
Filed with the City Clerk on January 3,2018
This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A,Sections 9 & 15 and does not require action
by the recipient.Appeals, if any, xball be madepurfuant to Chapter 40A, Section 17,and shall befiled witbin 20 daysjrom the date which
the dedsion wasfiled with the Ci_*Clerk.
CITY OF SALEM, MASSACHUSETTS
BOARDOFAPPEAT�'
18 JAN 3 AN 9.56
120 WASHiNGToN STRFET* SALFm,mASSACHUsmsols 64TY CLERK
VJhfflERiEY DRiscoLL TFIX:978-745-9595 4 FAm 978-740-9w SALEM, MASS
MAYOR
januaW 3. 2018
Decisi
City of Salem Board of Appeals
Petition of MATTHEW KEANE seeking a Special Permit per Sec. 3.19Nonconfornzingstructures
of the Salem Zoning Ordinance to add a 24 x 24 garage to the rear of the e2dsting residential
structure, remove existing garage and relocate R.O.W. at 414 LAFAYETTE STREET (Map 32 Lot
169) (RI Zoning District).
A public hearing on the above Petition was opened on July 19, 2017 and continued to September 20, 2017,
October 18, 2017, November 15, 2017, and December 20, 2017 pursuant to M.G.L Ch. 40A, § 11. The
hearing was closed December 20,2017 with the following Salem Board of Appeals members present: Rebecca
Curran (Chair),Peter A. Copelas,Tom Watkins,Mike Duffy,Jimmy Tsitsinos.
The petitioner is seeking a Special Permit per Sec. 3.3.5 Nonconfomihg Sftudans of the Salem Zoning Ordinance
to add a 24 x 24 garage to the rear of the existing residential structure, remove existing garage and relocate
R.O.W.
Statements of fact:
1. In the petition date-stamped June 27, 2017, the Petitioner requested a Special Permit per Sec. 3.3.5
NonconformiN
,g Stiwamrs of the Salem Zoning Ordinance to add a 24 x 24 garage to the rear of the
existing residential structure,remove existing garage and relocate R.O.W.
2. On July 19, 2017, Attorney John Keilty- 40 Lowell Street� Peabody, MA, presents the petition on
behalf of the petitioner.
3. The property is located in an R-1 Zoning District and is an existing non-conforming use and
structure.
4. The petitioner is seelcing a special permit per Sec. 3.3.5 Nonconforming Structures to add a 24' x 24
two-story garage onto the existing two—family dwelling unit.
5. The petitioner currently has a dilapidated single story single car garage located in the northwestern
most corner of the property. The currently existing single car garage is +/-250 square feet.
6. In 2016, the applicant filed a petition with the Zoning Board of Appeals to request an expansion of
the existing non-conforming single car garage. The petitioner was proposing a 24'x 24' foot two-story
garage. Ile petitioner withdrew the petition without prejudice.
7. The current application before the Board of Appeals is similn to the 2016 application, but distinctly
different in that the petitioner is requesting to construct a 24' x 24' foot two-story structure that is
attached to the two-family structure. The proposed addition is +/- 1, 152 square feet.
City of Salem Board of Appeals
IJanuary 3,2018
Project:414 Lafayette Street
Page 2 of 4
8. The petitioner is proposing to demolish the existing single car garage and proposing a 24' x 24' two-
story addition that is attached to the rear of the existing two (2) family structure. The petitioner is also
proposing to relocate an existing right-of-way that provides access to rear house lot.
9. The location of the addition will create a new non-conformity as to the rear setbacks. The petitioner
is proposing a fifteen (15) foot setback where thirty (30� feet is required.
10. At the July 19, 2017 meeting, the petitioner requested to continue to the September 20, 2017 meeting.
The Board requested at this meeting that the petitioner revise his elevation plans to more accurately
show the proposed building height and materials.
11. At the September 20, 2017 meeting, the Board requested that the petitioner consider an alternative
garage design to reduce the bulk and height of the garage in order to better fit with existing two car
garages in the neighborhood.
12. The Board requested that the elevation drawings be scaled and draw showing the context of how die
proposed addition will relate to the existing structure. The Board also requested a revised plot plan
that shows the existing and proposed tight-of-way and existing and proposed parking spaces.
13. At the September 20, 2017 meeting, the petitioner requested to continue to the next regularly
scheduled meeting on October 18,2017.
14. At the October 18, 2017 meeting, the petitioner requested a continuation to the next regularly
scheduled meeting on November 15, 2017, because there were only four (4) Board members present.
No testimony was heard.
15. At the November 15,2017 meeting, the petitioner requested a continuation to the December 20,2017
meeting to allow more time to make adjustments to his plot plan. No testimony was heard.
16. At die December 20, 2017 meeting the petitioner presented, the public spoke for and against the
petition, and the Board discussed the metits and special conditions for the proposal. The petitioner
presented a revised plot plan dated December 12, 2017.
17. At the public hearing thirteen (13) members of the public spoke in favor of and three (3) 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:
The Board finds that the proposed expansion of the non-conforming structure is not substantially
more detrimental than the existing structure to the neighborhood.
Special Permit Findings:
1. There are social, economic and community needs served by the proposal as the petitioner is
proposing to improve and existing structure.
2. 'Mere will be no impacts to traffic flow and safety,including parking and loading as the petitioner will
be reducing the width of the driveway, repaving the driveway, and installing landscaping on the entire
property everywhere except where the driveway and two front (2)parldng spaces are located.
3. There will be no impact to the adequacy of utilities and other public services.
4. There will be no impacts on the natural environment,including drainage.
5. The proposed addition and property improvements are in keeping with the existing neighborhood
character.
City of Salem Board of Appeals
January 3,2018
&oiect:414 Lafayette Street
Page 3 of 4
6. 'Me potential fiscal impact,including impact on City and tax base and employment is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five
(5)(Rebecca Curran (Chair), Peter A. Copelas,Tom Watkins,Nfike Duffy,Jimmy Tsitsinos) in favor and none
(0) opposed, to allow a Special Permit per See. 3.3.5 Nonconforming Struavirs of the Salem Zoning Ordinance to
add a 24 x 24 garage to the rear of the existing residential structure, remove existing garage and relocate
R.O.W. subject to the following terms,conditions and safeguards:
Standard Conditions:
1. Petitioner shall comply with all city and state statues, ordinances,codes and regulations.
2. AD construction shall be done as per the plans and dimensions subn-dtted 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. A Certificate of Inspection is to be obtained.
7. A Certificate of Occupancy is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to the Planning Board.
Special Conditions:
1. Ile petitioner shall have a certified plot plan with the relocated right-of-way to be recorded with the
South Essex Registry of Deeds prior to the issuance of a building permit. The petitioner shall provide
a copy of the recorded right-of-way to the Building Inspector prior to the issuance of a building
permit.
2. Ile driveway shall not be wider than ten (1 OD feet and the two (2) front parking spaces shall be 22'x
19' in dimension and reflected on the certified plot plan that is recorded with the South Essex
Registry of Deeds prior to the issuance of a building permit.
3. The curbcut shall be limited to the width that is currently there now.
4. The petitioner shall not park any vehicles along the side yard fence line as this will be the new access
way to the rear property.
5. The petitioner shall provide adequate access of no less than eight (8) feet of unobstructed width to the
rear property during construction
6. The petitioner shall install a solid wooden fence along the property line for the entire length between
416 and 414 Lafayette Street to minimize the visual impact of the proposed addition prior to the
issuance of a certificate of occupancy for the addition.
7. The petitioner shall install grass on the entire property except where the new driveway and front two
(2) parking spaces are located as shown on the certified and recorded plot plan.
City of Salem Board of Appeals
January 3,2018
'Project:414 Lafayette Street
Page 4 of 4
8. The petitioner, owner or assigns shall only utilize the second story space above the garage for storage
as proposed and presented to the Board.
9. The petitioner, owner,or assigns shall not utilize the flat garage roof as a roof deck.
10. The petitioner shall not have a railing along the roof line of the proposed addition.
Rebecca Curran, Chair 7
Board of Appeals
A COPY OF MIS DECISION RAS BEEN FILED WrrH THE PLANNING BOARD AND THE CITY CLERK
A0ealfmor this demion, #any, shall be madepsaiiiant to Seefton 17 of the Mmsachusetts Generall"s Cbittier 40A, and shall befikd wthin 20
days offihng of this decision in the offire of the City Cterk- Pursuant to The Massachusetts General Lzws Chapter 40A, Section 11, the Vanance or
Special Pennitgranted beran shall not take effect until a cqy of the deasion beiring the certi6cate of the GD�Ckrk bar beenfi4ed wtb the Essex South
Regisig of Deeds.
CITY OF SALEM
ASSESSOR'S CERTIFICATION OF ABUTTERS AND
"PARTIES IN INTEREST99
BOARD/COMMISSION: Board of Appeals
PROJECT SITE 414 Lafayette Street Map 32, Lot 169
DATE: 07/05/2017
DESCRIPTION OF REQUIREMENT: Parties in Interest:
The applicant
Abutters
Owners of land opposite any street or way
Abutters and abutters to abutters within
300 feet
Planning boards of abutting cities and
towns
This is to certify that the time of the last assessment for taxation made by the City of
Salem, the names and addresses of those listed on the attached sheets are "parties in
interest" (as defined by Massachusetts General Law Chapter 40A, Section 11) to the
parcel(s) of land listed above as the project site.
Assessor's Signature:
Date: -7 /�J- 910 17, Number of initialed pages attached: 2-
1 /
Once Certified,Return to: Erin Schaeffer
Department of Planning and Community Development
C%k
TTE STR
C1TY OF SALEM,
MASSACHUSETTS
BOARD OF APIWA&28 pm&V-53,
L
Ul I T UULnn
120WASHINGTON SmEr* SAL.Rm,MAssAcHuSftln MMS
TELF:979-619-5685 4 FAX:978-740-0404
KiNmERLEY DRiscoLL
MAYOR
City of Salem
Zoning Board of Appeals
Will hold 2 public heating for all persons interested in the petition of NiATTHEW KEANE seeking a Special
Permit per See. 3.3.5 Nonconformiq Structures of the Salem Zoning Ordinance to add a 24 x 24 garage to the
rear of the existing residential structure, remove existing garage and relocate R.OW at the property of 414
LAFAYETTE STREET (Map 32 Lot 169) (R1 Zoning District)
,d
The public hearing will be held on WED. July 19, 2017 at 6:30 PM, 3 Floor, 120 WASHINGTON
STREET, Rm.313.
Rebecca Curran,Chair
Board of Appeals
Salem News: 7/5/2017 and 7/12/2017
This notice posted on "Official Bulletin Board"
City Hall, Salem, Mass. on JUN 2 8 2017
atg:5-2� -?H in accordance with MGL Chap. 30A,
Sections 18-25.
Parcel ID:32-0169-0 Parcel ID: 32-0162-0 Parcel ID:32-0163-0
KEANE MATTHEW VENTRE CLAY TIMMONS STEVEN
414 LAFAYETTE STREET VENTRE SHARON M TIMMONS DENISE J
SALEM, MA 01970 20 RAYMOND AVE 18 RAYMOND AVE
SALEM, MA 01970 SALEM,MA 01970
Parcel ID: 32-0164-0 Parcel ID:32-0165-0 Parcel ID:32-0166-0 X FM I rq
MORNEAU PETER J ROUGIVE JEFFREY J &5iigag–
KELLY DAVID T ROUGIVE MARIA 420 LAFAYETTE-0—REET
2 RAYMOND AVE 422 LAFAYETTE STREET SALEM, MA 01970
SALEM, MA 0 1970 SALEM, MA 01970
Parcel ID:32-0167-0 Parcel ID: 32-0168-0 Parcel ID: 32-0170-0
PICCIOTTO JUDITH S BARDINI FABIO MOLONEY MAURICE G
418 LAFAYETTE STREET 416 LAFAYETTE STREET MOLONEY SUSAN
SALEM, MA 01970 SALEM, MA 01970 414 1/2 LAFAYETTE STREET
SALEM, MA 01970
Parcel ID:32-0171-0 Parcel ID: 32-0172-0 Parcel ID:32-0173-0
VAVOUDES JONIE SALEM STATE UNIVERSITY MASS COMMONWEALTH OF
412 LAFAYETTE STREET 121 LORING AVENUE SALEM STATE COLLEGE
SALEM,MA 01970 Salem, MA 01970 354 LAFAYETTE ST
SALEM, MA 0 1970
Parcel ID:32-0375-0 Parcel ID:32-0378-0 Parcel ID:32-0379-0
kEHESHTI MICHEL PABICH DAVID A KENT CAROL ANNE
BEHESHTI ELIZABETH M PARRY HEATHER B 6 HARBOR VIEW TERRACE
399 LAFAYETTE ST 8 HARBOR VIEW TERRACE SALEM, MA 01970
SALEM, MA 0 1970 SALEM,MA 01970
Parcel ID:32-0380-0 Parcel 1D: 32-0381-0 Parcel ID:32-0382-0
NGUYEN LUONG H KIRKPATRICK FAMILY 4L66'F'0'F!iFFE RF!'WP'
403 LAFAYETTE STREET KIRKPATRICK
SALEM, MA 01970 409 LAFAYETTE ST 411 LAFAYETTE ST
SALEM, MA 01970 SALEM, MA01970
Parcel ID:32-0383-0 Parcel ID: 32-0384-0 Parcel ID: 32-0385-0
MERRY PETER R MORAN PHILIP D CAWLINA FAMILY LIVING
MERRY M. ELIZABETH CAROLE A CAWLINA MICHAELJ/ANDREA
413 LAFAYETTE ST 415 LAFAYETTE ST 417 LAFAYETTE STREET
SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970
Parcel ID: 32-0386-0 Parcel ID:32-0387-0 Parcel ID: 32-0388-0
BRENNAN JOHN W BRENNAN FAMILY BARDINI FABIO
BRENNAN GARCIA A BRENNAN JOHN W 416 LAFAYETTE STREET
419 LAFAYETTE ST 419 LAFAYETTE ST SALEM, MA 01970
SALEM, MA 01970 SALEM, MA 01970
Parcel ID: 32-0422-0
JOHNSON LOUIS M
MITCHELL DENISE T
435 LAFAYETTE STREET
SALEM, MA 01970
CYrY OF SALEM, MASSACHUSFITS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM,MASSACHUSETTIO17JUN27 AMII; 06
BOARD OF APPEALS
120 WASHINGTON STREET,3RD FLOOR CITY CLERK
SALEM,MASSACHUSETTS 01970 SALEM. MASS
Thomas St.Pierre,Director of Inspectional Services
Phone:978-619-5641 /Fm:978-740-9846
KiMBERLEY DaiSCOLL Erin Schaeffer,Staff Planner
MAYOR Phone:978-619-5685/Fax:978-740-0404
TO THE BOARD OF APPEALS:
Coltl4 tJI'V
The Undersigned represent that he/sk is/W the owners of a certain parcel of land located at:
Address: 414 Lafayette Street Zoning District: R-1 opLli'IV
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 stoty addition to my home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rearyard to be 30feet. The current depth of my
rear yard is 32feet;the proposed addition would reduce the depth of the rear yard to 22feet.)
Rear yard of 15 feet rather than 30 feet
For thif.1 am requesting:
tince(s)from provisions of Section of the Zoning Ordinance,specifically from maxim rn
.(i.e. minimum depth of rear yard).
�Aat is allowed is (ft?sqft?stories? %?), and what I
am proposing is (fl?sqft?stories?%?).
(,)o A Special Permit under Section 3.3.5 of the Zoning Ordinance in order to Add 94 x94 garage
to rear of premises creating a 15 foot rear yard� remove existing garagea and relocate R.O.W.
)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: two family Are Lot Dimensions Included?( ))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,
CrrY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETMON FORM
The following written statement has been submitted with this application:
(A 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 differentfrom petitioner.
Petitioner: Matthew Keane Property Owner: N/A
Address: 414 Lafayette Street, Salem, MA Address:
Telephone: 857-9lg--9W,/—
Telephone:
Erna 1: Email:
Signature: Signature:
(Attached consent letter is also acceptable)
Date: J 0,2017 Date:
If differentfrom petitioner:
Representative: John R. Keilty, Esquire
A TRUE Address: 40 Lowell Street, Peabody, MA 01960
ATTEST Telephone: (978fVl-7900
Signature:
Dat
CITY CLERK DATE DPCD DAME
This original application must befiled with the City Clerk.
Narrative to Special Permit Application
Applicant: Matthew Keane
Property Address: 414 Lafayette Street, Salem, Massachusetts
The applicant had filed a previous application to rebuild an existing garage. That application
was withdrawn.
The applicant has moved into the premises himself and seeks to demolish the existing garage
which is in a dilapidated state.
He will add an addition to the rear of the premises which will serve as a garage with living space
above. The addition will result in a 15 foot rear yard. The current garage has a I+/- foot rear
yard.
The applicant will relocate a right of way for the benefit of the party residing on Lot B.
The access, utilities on the premises are more than adequate to service the addition.
There will be no impact on safety or traffic inasmuch as the addition is a garage and not an
additional unit for residence.
Several meetings have been held with neighbors and this plan seems to satisfy the neighbors who
have signed a petition as being in harmony with the surrounding residences.
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420 Lafayette Street
Salem, MA 01970
October 17, 2017
Rebecca Cutting
Chairman Oct 7
Zoning Board of Appeals D�P7,
Cc/wAfu /OF,-"A-
Salem, MA 01970 /V ry,:�- �P,:,
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Dear Chairman Cutting,
As a close neighbor to Mr. Keane, I am hopeful that the ZBA moves this matter
favorably.
This home and the adjacent garage remnant need positive attention and the area
neighbors have been promised by Mr. Keane that this will occur following
completion of this process.
I understand that there have been a number of fits and starts based on incomplete
submittals to the ZBA. I am hopeful that the submittals will be provided at the
October 19th meeting,thus allowing the ZBA to vote positively on Mr. Keane's
request so that work can begin soon.
Thank you for your attention to this correspondence.
Sincerely,
Wifflam Luster
William Luster
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buildings are located on the
ground as shown.
SCALE: 50
DATE:
uG
REFERENCE: ht� �1117 -
BK PG IZ2 istopher R. Mll�%,S 31-311,7
'IST "QN,
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104 LOWELL STREET
PEABODY, MASS.0 1960
(978) 531-8121
FAX:(978) 531-5920
0 CITY OF SALEMI, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
SALEM. MASSACHUSETTS 0 1 97a
TELEPHONE: 978-745-9595
FAx: 978-740-9846 20"OCT 30 AM 8i 48
KIMBERLEY DRISCOLL
MAYOR CITY,CLERK
MASS
We the undersigned do hereby waive all rights with regard to time requirements for the
Zoning Board of Appeal relative to hearing the following application:
Property Location
Original Meeting Date g) 1
New Meeting Date z/
Signature of Petitioner and/or his/her Rep entative
T his ne, 1 -,to /)9' �,,�al B etin Board"
ity
C C
2 17
inc ith L
at, tio nt. _V ith L
Se 1 8i2 30A,
0 CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3Ro FLOOR
SALEM, MASSACHUSETTS 0 1970
TELEPHONE: 978-745-9595 —
FAX: 978-740-9846 2011 JUL 20 PH 212-0 ,
KIMBERLEY DRISCOLL
MAYOR CITY CLERK
SALEM- MASS
We the undersigned do hereby waive all rights with regard to time requirements for the
Zoning Board of Appeal relative to hearing the following application:
Property Location I L4
Original Meeting Date
V 0
New Meeting Date 2-C) , -7
Signature of Petitioner and/or his/her"entative
717 �4y
d Surveyors.&: ivi ngineers
ESSEX SURVEY SERVICE. 1958 - 1986
pSB6,AN':PALMER 1911- 1970
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I hereby ce i f y t 0 51fz Z-
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buildings are 1OCated on the
ground as shown. M
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�DATE: My Z"� zc/;;, Wt-V arz . 5 Z012
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REFERENCE: BK PG /�P:Z lStopher R. MelMJLS,,3131-7.1�,',
104 LOWELL STREET
PEABODY, MASS- 01960
(978) 531-8121
FAX:(978) 531-5920
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SCALE: 50
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DATE: Z9 Z012
MELLO
REFEMCE: BK 92wli5 PG detat'3�elstoph R. Mellq\PW'3r3V,.,,".
104 LOWELL STREET
PEABODY, MASS. 0 1960
(978) 531-8121
FAX:(978)5311-5920
2-c) '2�0 k
'WO,the undersigned hereby agree to allow Matthew Keane to construct an addition on the back
of his : 13 1
house as per the attached plans presented to the.Salem Z�nidg Board of Appeals�.,
'he Boaid to
1 am in favor Of such a construction..I support the 'Variance application and ask t
vote favorably on the Variance ' ' I �
request.
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1.) 414 Lafayette St is my primary residence, and all of my neighbors can attest to the hard work and
countless hours that I have invested into it thus far. It was a rundown vacant foreclosure a few years
ago when I purchased it.The only other tenants in the building are 3 exchange students, all of whom
are so quiet you don't even notice that they are living there.This is my home and having quiet
courteous tenants is a major concern of mine.
2.) The 3rd floor is part of the 2 nd floor condo &already had 2 existing horsehair plaster bedrooms which
were gutted to insulate properly and add a bathroom.The bedrooms are now smaller; however the
convenience of a 36 bathroom on the 3rd floor makes a huge difference to the tenants.The townhouse
style unit has a small kitchen, 3 bedrooms, a living room, &a dining room.
3.) The new garage is a smaller footprint than the house, and cannot be seen from the street. It also does
not impede any neighbors view. It does in fact drastically improve the dwelling behind 414 Lafayette
(414 Lafayette rear) by removing the existing separate garage& providing a clear vantage point of the
street, as well as direct right of way access.
4.) The dimensions of the garage were configured to allow room for my personal use F150 truck, and SLIV,
2 of the most common personal use vehicle in the country.
5.) New plans were created to locate the garage behind the house as an addition in place of the current
detached garage by a consensus vote amongst the neighbors. All neighbors met several times to
discuss the project in detail, and all have signed in support except for the Bardini's who decided not to
take part in neighbors decision. I had to have new plans made, but it was well worth the time and
money invested because it will improve the property, neighborhood, and most importantly the
neighbor to my rear who has no direct view of the street with the current garage.
6.) Several neighboring residences have 2 car garages including 412, &418 Lafayette St.
7.) 8ft of the 20+ft wide driveway is designated as a right of way, currently this right of way curves around
the existing garage.The new garage will simply straighten the right of way& shift it closer to the lot
line, space which is currently being utilized as parking spaces.
8.) The height of the new garage was simply determined by the existing height of the rear flat roof that
will need to be extended in order to locate the garage behind the house as requested. The plans and
scale were professionally done by the contractor who will be constructing the garage;they are simple
and very straightforward.
To: Salem MA Zoning Board
Date: July 19, 2017 RECEIVED
Re: Zoning Variance request fir 414 Lafayette st. JUL 19 2017
From: Fabio and Kristin Bardini, 416 Lafayette st DEPT. OF PLANNING &
COMMUNITY DEVELOPMENT
We oppose the variance request for 414 Lafayette St. for many reasons:
13his property is already a non conforming property as it is a rental "two" unit in
an R1 zoned neighborhood. It does not need more "non conforming" aspects to
it.
2. The building footprint to land size is already WAY above the neighborhood
average, the new garage will effectively take the place of the back yard. There is
no front yard as that has been turned into two parking spaces and has had up to
three cars parked there across the sidewalk.
3. The existing (grandfathered) garage has a footprint of 200 sq. ft. The new
proposed garage is almost 3 times this footprint (576 sq. ft.) almost 6 times the
floor space (1152 sq. ft.) and over 6 times the volume of the original garage he is
replacing. There are NO OTHER garages close to this size in the area. All others
are 18ft high or well under
4. The third floor was recently retrofitted along with skylights Since the 2nd floor
can only be rented to 3 tenants, this does not make any sense, unless the owner
is planing to add tenants.
5. We are concerned that the room above the proposed garage (supposedly
storage) now at the same level with the second floor, could easily be converted
to an additional room on the second floor and a potential for even more tenants;
Easy to retrofit down the road without anyone needing to know.
6. The owner has not provided plans on how the change in the current right of
way to 414 1/2 will affect total hard topped area:
We are concerned that the owner's plan is it to simply hot top the entire south
side of the property.
When asked,
The owner mentioned that he would hot top 18 inches from the property
line, from front to back of the property.
The old garage footprint would be converted into paved area.
Half the front yard, which has slowly morphed into a parking area for two
or more cars would be hot topped as well.
With these changes, approx. half of the remaining property grounds will be hot
topped and look more like a commercial property then a R1 neighborhood
property.
7. Since this property will no longer have a back yard (or a front yard) it could
never look like a "family home", or one in line with the surrounding homes in the
neighborhood.
8. The owner uses the property for storage. Since before he "lived" there, there
has been at least 2 trucks and a boat parked on the lot permanently in addition
to the vehicle he drives.
9. His property has been littered with piles of trash and construction debris,
blocking exits and posing a hazard... (see attached photos)
It appears that he will only "clean up" if mandated by the board of health. For the
third time, he hastily cleans up just the front yard of the property a day or two
before a zoning board meetings.
10. The owner considers this property as an "income property" seemingly aiming
at producing as many rooms to rent out as he possibly can, and now wants to
add a big garage with storage unit above and a huge parking area for personal
use (and he mentioned perhaps business use), and as little grounds as possible
to maintain.
11. He has not provided any landscaping plan which may not be required but is
important to the neighborhood given the state of this property.
12. This additional proposed variance will further depreciate adjacent properties.
It is effectively turning into "rooming house" which does not reflect the type of
property in the surrounding R1 neighborhood by a long stretch.
13. People use the first floor as an address and regularly pick up their mail but do
not live there (??)As far as we see it, this property fits the definition of a "problem
property"
14. Ultimately, we don't believe that simply "wanting" a huge garage with storage
above and an ample parking lot, constitutes a hardship.
(An 18 foot tall garage is maximum in this area, with adequate room for vehicles
below and a full walk up storage above).
1, Fabio, am a specialist in historic restoration. Today I am actually giving a sold
out lecture on the preservation of historic structures in New England at the
Traditional Building Conference at the Hawthorne Hotel. Our home is the first
home built in south Salem, The Dixey Mogan House, built in 1762.
We are slowly and painstakingly restoring it, with historic materials, down to the
last nail.
At the same density, our property could afford to fit at least 4 more homes, with
garages, ample setbacks and no need for variances.We wonder if the neighbors
and zoning board would mind if we decide to develop our property to the same
density?? We don't have plans to do so, but are beginning to feel foolish not to
consider ifl!
Therefore, we are imploring the zoning board to consider the broader picture.
If the homeowners and the neighbors don't care about the value of it's historic
structures and their surroundings, we hope the City of Salem does.
We think this slippery slope of variance granting should be also be concerning for
the neighborhood since 410 Lafayette is owned by the college, 412 has been
offered to the college. And this, 414, is turning into a large rental/storage property
with as little landscaping as possible. And obviously now there is also a huge
commercial type SSU garage behind all the properties.
Throughout this process, Mr. Keane has consistently omitted or provided
inaccurate HEIGHT measurements. Although the drawings we have seen in the
past are to scale, it appears he inserted a lower height figure than is depicted on
the drawing by scale. Absolute measurement of the building itself confirmed the
drawing correct....not his stated measurement. Please see attached.
Thank you for considering our position as direct abutters,
Fabio and Kristin Bardini
416 Lafayette St.
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