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Zoning Board Proiect Stat» cho .
Address & Applicant:
Date Submitted to BOA:
z 6
E Clerk Stamp: -7f2 !5 i
Variances Only - Constructive Approval Date: (100 days from filing)
EY/Abutters List Requested:
Abutters Notice Sent:
ET/Notice to Abutting Cities & Towns, Councillors:
E21 Legal Notice posted at City Hall: (14 days before meeting)
Legal Notice Emailed & Confirmed:
c9 egal Notice Posted on Web;
Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: 6 ----
Continued Meetings: f ,g I F�n.(�,,
Extension rSigned & Clerk Stamped?
Closed at Meeting: , g�, g �
(-Q A-i.2v e ck q/z�
Decision:
W � o Pre �ucc\ic-�
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Decision Filed: / Appeal Period Over: „
of ision filed) ��`
I (2I"dap
N( Decision Sent to Applicant:
d Notice of Decision Sent to abutters, cities and towns,
councillors:
ZBA ACTION FORM
Rs; ». 7iTIbIV , Bp1WD vo,: ,
Date: jo tq z.o1 to Rebecca Curran Chair x
Mike Du
Petitioner: Tom Watkins
Peter Co elas
Address: y y LaEcayE E S�, Jimm Tsitsmos
Jim Hacker Alt.
Paul Viccica(Alt.)
{ A Total:
Conditions:
VJi-F-�c�'CG3v-fin wl o Prejvdtce 9 et'�Q\Je
❑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(501/o)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(501/o)of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
��•eonwrr,�\
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
720 WASHTNGTON STREET♦ SAI Em,AfASSACHUSEM 01970 -2 A -F 15
KTMBERLEr DRTSCoi,T, TELE:978-745-9595 ♦ FAX:978-740-9846
MAYOR � Ef!_E #
CITY CLERK, SALEM, MASS,
November 2 2016
Decision
City of Salem Board of Appeals
Petition of MATTHEW 1 SANE seeking a Variance per Sec 3.2.4 Accessory Buildings and
Structures of the Salem Zoning Ordinance and a Special Permit per Sec. 3.3.3 Nonconforming
Structures to construct a two-story garage at the property of 414 LAFAYETTE STREET (Map 32
Lot 169) (R1 Zoning District).
A public hearing on the above Petition was opened on August 17, 2016 pursuant to M.G.L Ch. 40A, § 11 and
continued to September 21, 2016. The hearing was closed October 19, 2016 with the following Salem Board
of Appeals members present: Rebecca Curran (Chair), Peter A. COpelas,Jimmy Tsitsinos,Tom Watkins,Mike
Duffy.
The petitioner is seeking a Variance per Sec. 3.2.4 Accessory Buildings and Structures and a Special Permit
per Sec. 3.3.3 Nonconforming Structures to construct a two-story garage.
Statements of fact:
1. In the petition date-stamped July 25, 2016, the Petitioner requested a Variance per Section 3.2.4
Accessory Buildings and St7 aAr es and a Special Permit per Sec. 3.3.3 Nonconforming St�utI sof the Salem
Zoning Ordinance to construct a two-story garage.
2. On August 17,2016, attorney John Keilty- 40 Lowell Street Peabody,MA,requested a continuation
of the public hearing to the next regularly scheduled meeting on September 21, 2016 due to the
presence of only four(4) of five (5) Board members present at the August 17, 2016 meeting. No
testimony was heard and no members of the public spoke in favor or in opposition to the petition.
3. On the September 21, 2016 meeting, the petitioner requested a continuation othe public hearing to
f
the next regularly scheduled meeting on October 19,2016 due to needing more time to work with the
neighbors and adjust architectural plans. The public hearing remainedn. No testimony was heard
open.and no members of the public spoke in favor or in opposition to the petition.
4. On the August 19, 2016 meeting, the petitioner requested to withdraw the petition without prejudice.
No testimony was heard and no members of the public spoke in favor or in opposition to the
petition.
5. The Board closed the public hearing on October 16, 2016 and voted to allow the petitioner to
withdraw the application without prejudice on this date.
6. At the public hearing no members of the public spoke in favor of and no one (0) spoke in opposition
to, the petition.
i
City of Salem Board of Appeals
Project:414 Lafayette Street
Date:November 2,2016
Page 2 of 2
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,Jimmy Tsitsinos,Tom Wakins, Mike Duffy) in favor and none (0)
opposed, to allow the petitioner to withdraw the petition without prejudice.
The petition is withdrawn without prejudice.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from thin ded ion, if any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed within 20
days of fik'ng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Species!Permit granted herein rhes!l not take effect until a copy of the desmon bearing the mn ficate of the City Clerk har been filed with the Essex South
Registry of Deeds.
City of Salem Department of Planning &
Community Development
CHECK RECEIPT AND TRACKING FORM
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DATE BOARD , STAFF r
CLIENT:
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
APPLICATION: '
CHECK #
AMOUNT RECEIVED: $-75;' -
City of Salem Department of Planning &
Community Development
CHECK RECEIPT AND TRACKING FORM
DATE / 4 BOARD R �� STAFF
CLIENT:
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
APPLICATION:
CHECK #
AMOUNT RECEIVED: $
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City of Salem Department of Planning &
Community Development
CHECK RECEIPT AND TRACKING FORM
DATE BOARD ySTAF
CLIENT:
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSEFOR
APPLICATION:
CHECK #
AMOUNT RECEIVED:
City of Salem Department of Planning &
Community Development
CHECK RECEIPT AND TRACKING FORM
DATE BOARD_P � � STAFF
CLIENT:
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSEFOR
APPLICATION:
CHECK #
AMOUNT RECEIVED: $ ��
INVOICE -AMOUNt
JOHN R. KEI n ESQUIRE
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CHECK RECEIPT AND TRACKING FORM
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PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
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CHECK #
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CHECK RECEIPT AND TRACKING FORM
DATE BOARD 'ZJ�N STAF
CLIENT:
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
APPLICATION:
CHECK #
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DATE INVGIGE AMWNf
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' Crry OF SALEM, MASSACHUSETTS BOARD OF APPEALS
co_ PETITION FORM
CITY OF SALEM,MASSACHUSETTS
BOARD OF APPEALS I0I6 JUL 25 A 11: 3
120 WASHINGTON STREET,3RD FLOOR
1
� // SALEM,MASSACHUSETTS 01970 CITY _ FI!_E /1
Thomas St.Pierre,Director of Inspectional Sc
rnces CLIt'�'
Phone:978-619-5641 /Fax:978-740-9846 F\)J/�`�'
KIMBERLEY DaiscoLL Erin Schaeffer,Staff Planner -"" C E' r)
MAYOR Phone:978-619-5685/Fax:978-740-0404 tt
TO THE BOARD OF APPEALS: JUL 2 51016
The Undersigned represent that he/skR is/Ke the owners of a certain parcel of land locateda�h,�NiU�PLq p�f7th,,,
Address: 414 Lafayette Street R1 VDEvaLCPM�ti
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:
I am proposing to construct a 10'x 10'one story addition to my 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 ofmy
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.)
Maximum height of 22 feet for accessory structure (garage) rather than 18 feet.
For this reason I am requesting:
(A Variance(s)from provisions of Section 3,2A of the Zoning Ordinance,specifically from maximum
height of accessory structure (i.e. minimum depth ofrearyard).
What is allowed is 1.5 stories or 18 feet (fl?sq ft?stories? %?), and what I
am proposing is 22 feet (Jt?sq ft?stories? %?).
(A A Special Permit under Section 3.3.3 of the Zoning Ordinance in order to raronstri int a
dilapidated single car garage replacing it with a 23 x 2ftwo car garage
( )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?( ))'es O 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.
MY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETTHON FORM
The following written statement has been submitted with this application:
7 ) 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
I) 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.
/f different from petitioner:
Petitioner: Matthew Keane Property Owner:
Address: 414 Lafeyette Street, Salem, MA Address:
Telephone: 857-919-9911 Telephone:
Email: Email:
Signature Signature:
dj (Attached consent leiter is also acceptable)
Date: J e 28, 2016 Date:
/f different from petitioner:
Representative: John R. Keilty, Esquire
A TRUE Address: 40 Lowell Street, Peabody, MA 01960
ATTEST Telephone: (978 31-7900
Signature:
Dat .
CITY CLERK DATE DPCD D D DATE
C
This original application must be frled with the City Clerk.
Narrative to Variance Application
Applicant: Matthew Keane
Property Address: 414 Lafayette Street, Salem, Massachusetts
The applicant is hoping to reconstruct a badly dilapidated garage to enhance the property and add
value to surrounding properties
The garage is proposed to be 23 x 24 (2 cars) and 22 feet in height.
The height limitation for accessory structures is 18 feet. Therefore, the applicant is seeking 4
feet of zoning relief.
The building will accommodate the owner's pickup truck and certain equipment used by the
applicant in his second job. The clearance allowed by the 18 foot height limitation is insufficient
to accommodate the applicant's needs and the garage footprint cannot be made larger due to the
presence of a right of way across a portion of the property.
This condition presents a hardship that is unique to the property and presents classic hardship
running with the land.
Addendum to Special Permit Application
Applicant: Matthew Keane
Property Address: 414 Lafayette Street, Salem, Massachusetts
The applicant is requesting a special permit to reconstruct a single bay garage as a 24 x 24 two
car garage with one foot setback at rear of accessory structure.
The one foot setback is pre-existing,non-conforming and shows on a plan dated May of 1926
(see attached).
The garage will be reconstructed in the same area due to the presence of a right of way which
provides access to Lot B shown on the same 1926 plan.
The two car garage is in keeping with other garages in the neighborhood, has no increased or
negative impact on safety,traffic, drainage or services.
The upper section of the peaked roof garage will provide valuable storage area.
The new garage will likely have the impact of increasing the property assessment.
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PLOT. PLAN:,OF LAND
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GJSTER OF
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PEABODY,.MASS. 01960
TELEPHONE: 978-531-8121 FAX: 978-531-5920
JOHN R. KEILTY, Counselor At Law Telephone (978)531-7900
40 Lowell Street Facsimile (978)531-2479
Peabody,MA 01960 E-Mail KeiltyLaw@verizon.net
October 13, 2016 RECEIVED
OCT 18 2016
Zoning Board of Appeals DEPT. OF PLANNING &
City of Salem COMMUNITY DEVELOPMENT
120 Washington Street
Salem,MA 01970
Re: 414 Lafayette Street, Salem,Massachusetts
Dear Clerk:
I represent Matthew Keane, the owner of property at 414 Lafayette Street in Salem,
Massachusetts.
There is currently an application pertaining to this property before the Zoning Board of
Appeals.
I am respectfully requesting that this application be withdrawn from the consideration of
the Zoning Board of Appeals without prejudice at this time.
Thank you for your anticipated cooperation.
Very truly yours,
John PU xicty
John R. Keilty, Esquire
JRK/emb
JOHN R. KEILTY, Counselor At Law Telephone (978) 531-7900
40 Lowell Street Facsimile (978) 531-2479
Peabody,MA 01960 E-Mail KeiltyLaw@verizon.net
RECEIVE®
October 13, 2016 OCT 212016
DEPT. OF PLANNING &
COMMUNITY DEVELOPMENT
Zoning Board of Appeals
City of Salem
120 Washington Street
Salem, MA 01970
Re: 414 Lafayette Street, Salem, Massachusetts
Dear Clerk:
I represent Matthew Keane, the owner of property at 414 Lafayette Street in Salem,
Massachusetts.
There is currently an application pertaining to this property before the Zoning Board of
Appeals.
I am respectfully requesting that this application be withdrawn from the consideration of
the Zoning Board of Appeals without prejudice at this time.
Thank you for your anticipated cooperation.
Very truly yours,
john X fifty
John R. Keilty, Esquire
JRK/emb
JOHN R. KEILTY, Counselor At Law Telephone (978) 531-7900
40 Lowell Street Facsimile (978)531-2479
Peabody,MA 01960 E-Mail Keil!yLaw@verizon.net
SEP 19 2016
September 15, 2016 DEPT, Or PLANNING &
COMNIUNITY DEVELOPMENT
Zoning Board of Appeals
City of Salem
120 Washington Street
Salem, MA 01970
Re: 414 Lafayette Street, Salem, Massachusetts
Dear Clerk:
I represent Matthew Keane, the owner of property at 414 Lafayette Street in Salem,
Massachusetts.
I There is currently an application pertaining to this property before the Zoning Board of
Appeals.
At the last meeting of the Board, we continued the matter to September 21, 2016.
On August 17, 2016, we were able to meet with our abutters and a discussion was had
about an alternative design and even movement of our structure.
I am respectfully requesting that the Zoning Board of Appeals continue this matter to the
October 19, 2016 meeting while we meet again with our neighbors in the meantime.
Respectfully yours,
John 1, ICeiCty
John R. Keilty, Esquire
JRK/emb
JOHN R. KEILTY, Counselor At Law Telephone (978) 531-7900
40 Lowell Street Facsimile (978) 531-2479
Peabody, MA 01960 E-Mail Keil!yLaw@verizon.net
n V
25 2313
July 21, 2016 C"_ 'T 0° '1 �N`',rac s
CON;i,�LiNI TY )E'VELOPMENT
Department of Planning and Community Development
City of Salem
City Hall Annex
120 Washington Street
Salem, MA 01970
Re: Special Permit Application and Variance Application
414 Lafayette Street, Salem, Massachusetts
Dear Clerk:
Please be advised that I represent Matthew Keane, the applicant for a Special Permit and
Variance from the City of Salem Zoning Ordinance as it applies to the property at 414 Lafayette
Street, Salem,Massachusetts.
Submitted herewith are the following instruments:
1. Nine(9)Copies of the Application for Special Permit and Variance as stamped by the
City Clerk;
2. Nine (9)copies of the Plot Plan;
3. Checks in the amounts of $75.00 as application fee, $75.00 as the recording fee,
$520.00 as the advertising fee; and $2.00 as the certified fee; and
4. Request for Legal Notice.
Kindly schedule this application for hearing at your earliest convenience.
City of Salem
Page-2-
July 21,2016
Thank you for your anticipated cooperation.
Very truly yours,
john P, 2(pifty
John R. Keilty, Esquire
JRK/emb
Enclosures
CITY OF SALEM, MASSACHUSETTS
T BOARD OF APPEAL
a� ,g g, U
�+6- 120 WASHINGTON STREET* SALEJ�UASSACHUSMTS 01970
a..�MINE4.,
TFT F: ♦ FAX:978-740-14 !
KIM6ERLEY DRISCOLLA-�.
MAYOR
City of Salem
Zoning Board of Appeals
Will hold a public hearing for all persons interested in the petition of MATTHEW KEANE seeking a
Variance per Sec. 3.2.4 Accessory Buildings and Structures of the Salem Zoning Ordinance and a Special Permit per
Sec. 3.3.3 Nonconforming Structures and to allow the construction of a two-story garage at the property of 414
LAFAYETTE STREET (Map 32 Lot 169) (R1 Zoning District)
The public hearing will be held on WED. August 17, 2016 at 6:30 PM, 3`d Floor, 120 WASHINGTON
STREET,Rm 313.
Rebecca Curran, Chair
Board of Appeals
Salem News: 8/3/16 & 8/10/16
This notice posted on "Official Bulletin Board"
City Hall, Salem, Mass. on AUG 0 3 2016
at �,(J�JAH in accordance with MGL Chap. 3W
Sections 18-25.