76 LEACH STREET - ZBA 76 Leo-c-\--)
Zoning Board Proiect Status Sheet
Address & Applicant:
Date Submitted to BOA: A 1 7
d Clerk Stamp: —�
Variances Only - Constructive Approval Date: qoo Gays flom rrn;>
Abutters List Requested:
Abutters Notice Sent:
cg/ Notice to Abutting Cities & Towns, Councillors:
m,"' Legal Notice posted osted 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: Mat �-I
Continued Meetings:
Closed at Meeting: Extension Form(s) Signed & Clerk Stamped?
Decision:
Decision Filed: 3 Appeal Period Over:
after decision filed) (21"day
�i Decision Sent to Applicant:
Notice of Decision Sent to abutters, cities and towns,
owns,
ZBA ACTION FORM O
Date: Rebecca Curran Chair K
Mike Du y
Petitioner: Tom Watkins
Peter Co-tas-
Address: Jimmy Tsitsinos
-Paul Viccica(Alt.
Conditions: W Yl Total: S n
❑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(501/o)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.
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL pgY 3'I N"P 30.
120 WAsmNGTON STREET/SALEM,MASSACHUSEi7'50197 QTY CLERK
KIMBERLEY DRISCOLL TELE:978-745-9595 FAX:978-740-9846 . DEM. MASS
MAYOR
May 31, 2017
Decision
City of Salem Board of Appeals
A public hearing for all persons interested in the petition of SALEM WATERVIEW DEVELOPMENTS,
LLC, seeking a Special Permit per Sec. per Sec. 3.3.3 Nonconforming Single and Tao Family Structures of the Salem
Zoning Ordinance, to construct an addition to the rear of the existing nonconforming three-family residential
structure at the property of 76 LEACH STREET(Map 33 Lot 565) (B-1 Zoning District)
A public hearing on the above Petition was opened on May 17, 2017 pursuant to M.G.L Ch. 40A, § 11 and
closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chau),
Tom Watkins,Mike Duffy,Jimmy Tsitsinos,and Paul Viccica (alternate).
The petitioner is seeking a Special Permit per Sec. per Sec. 3.3.3 Nonconforming Singk and Two Family Sirmamrs of
the Salem Zoning Ordinance, to construct an addition to the rear of the existing nonconforming three-family
residential structure.
Statements of fact:
1. In the petition date-stamped April 25, 2017, the petitioner requested a Special Permit per Sec. per Su:
3.3.3 Nonconforming Singk and Two Family Stractrrres of the Salem Zoning Ordinance, to construct an
addition to the rear of the existing nonconforming three-family residential structure.
2. On May 17, 2017, the petitioner submitted a letter to the Board requesting to withdraw the
application. No testimony was heard and no members of the public spoke in favor or in opposition to
the petition.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Rebecca Curran (Chau), Tom Watkins, Mike Duffy,Jimmy Tsitsinos, and Paul Viccica (alternate)) and none
(0) opposed,to allow the petitioner to withdraw the petition.
The petition is withdrawn.
Ltt
46A�= —
Rebecca Curran Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fhnr this decision, rf any,shall be made pnmront to Section 17 of the Matrachwetu General Lams Chapter 40A,and.rbaJl be filed ndtbin 20
days of fiSnB of this decinon in the office of the Go Clerk Pwraant to the Marsachwem General Lams Chapter 40A, Section 11, the Variance or
Special Perizagranted herein shall not take effect until a copy of the derision bearing the certificate of the City Ckrk has been filed wtb the Essex Soutb
Regaty ofDeedr.
SERAFINI, DARLING & CORRENTI, LWHAY 19 AN 26'
ATTORNEYS AT LAW
63 FEDERAL STREET CITY CLERK
c
SALEM, MASSACHUSETTS 01970 SALEM. �A$S
JOHN R. SERAFINI.SR. TELEPHONE
JOHN E.DARLING 976-744-0212
JOSEPH C.CORRENTI FACSIMILE
KRISTIN E.KOLICK 97B-741-4689
May 17, 2017
Rebecca Curran, Chair
City of Salem
Zoning Board of Appeal
120 Washington Street
Salem, Massachusetts 01970
Re: Salem Waterview Developments, LLC
76 Leach Street
Dear Chair Curran:
On behalf of the Petitioner, Salem Waterview Developments, LLC, I
hereby withdraw the Petition for a Special Permit for the above referenced
property, which Petition was filed April 25, 2017 and scheduled to be heard on
May 17, 2017.
Salem Waterview Developments, LLC
By i Attorney,
seph C. Correnti
JCC:dl
cc: client
City of Salem Department of Planning &
Community Development
CHECK RECEIPT AND TRACKING FORM
DATE BOARD STAFF
CLIENT:
PROPERTY ADDRESS:
CONTACT NUMBER: e
PURPOSE FOR
APPLICATION:
CHECK #
AMOUNT RECEIVED: $
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City of Salem Department of Planning &
Community Development
CHECK RECEIPT AND "TRACKING FORM
DATE BOARD2_4 STAFF
CLIENT:
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
APPLICATION:
CHECK #
AMOUNT RECEIVED: $
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Date Type Reference Original Amt. Balance Due Discount Payment
4/21/2017 Bill 75.00 75.00 75.00
Check Amount 75.00
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ACH-LLC Enterprise Recording Fee 75.00
O ENDORSE HERE
_ I
DO NOT WRITE, STAMP OR SIGN BELOW THIS II
RESERVED FOR FINANCIAL ANSTITUTiON USE
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Colored Background: •Pmem prpte lie apmet aVermbna.
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Heat Sensitive Ink: •eesponds to wamnh.Holdrad she.hetween thumb and
forefinger or behalf.on it,Me image will fade and reappear.
g Padlack design is a certifintlon mark at the CheckPayment Sstoma Associates
City of Salem Department of Planning &
Community Development
CHECK RECEIPT AND TRACKING FORM
DATE BOARD STAFF
CLIENT:
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
APPLICATION:
CHECK #
AMOUNT RECEIVED: $ f �g.
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MY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
T PETITION FORM
9vP; CITY OF SALEM,MASSACHUSETTS
BOARD OF APPEALS 201i;APR 25 AM 9= 51
CITY CLERK
i 120 WASHINGTON STREET,3Rn FLOOR
SALEM,MASSACHUSETTS 01970 SALEM. MAS$
Thomas St.Pierre,Director of Inspectional Se ices
Phone:978-619-5641 /Fax:978-740-9846
KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner �,��, 06000 iE C. z b VV,
MAYOR Phone:978-619-5685/Fax:978-740-0404
TO THE BOARD OF APPEALS: 25 234,7
EPT
The Undersigned represent that he/she is/are the owners of a certain parcel of land lobated at'U D r P E E L i N; E;
dn(UNITY DEVEI_ppMEIJT
Address: 76 Leach Street Zoning District: B-1
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.(F.xample:
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 30feet. The current depth ofmy
rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.)
The Petitioner requests a special permit to construct an addition to
the rear of the existing nonconforming three-family residential
structure located at 76 Leach Street in the B-1 Zoning District. The
proposal will include .renovations to the existing structure, the
addition of two new units, and all associated parking on site.
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e. minimum depth ofrearyard).
What is allowed is M?sgft?stories? %?), and what I
am proposing is (fi?sq Jt?stories?%?).
()g.A Special Permit imd?r S,?ction 3.3.3 of the Zoning Ordinance in order to extend an
existing nonconfurtri;-ci,t strucla:r,
( )Appeal of the Decision.crij;g r?iil iding Inspector(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use:3-family home 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:
O 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
t) 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.
Salem Waterview Developments, LLC
c/o Joseph C. Correnti, Esq!fdifferenrfrompetitioner:
Petitioner:Serafini, Darling & Corrent iptow Owner:
153 kederal Street
Address: Salem, MA 01970 Address:
Telephone: 978-744-0212 Telephone:
Email J cot. ent'@ nil es com Email:
Signature: (� Signature:
(Attached consent letter is also acceptable)
Date: Ap"k 25, 20 Date:
1.!
If different from petitioner.
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:_
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
SCHEDULE A
The Petitioner, Salem Waterfront Developments, LLC, owner of the three family building at 76
Leach Street, seeks zoning relief to allow for an addition onto the rear of the existing building.
The property is located off of Lafayette Street and is surrounded by residential buildings, many
of which are multifamily buildings. The property is situated in the B-1 zoning district.
The existing structure is nonconforming as to side yard setback, front yard setback, and height.
The required width of side yard in the B-1 zoning district is 10 feet, and the existing structure
sits 5 feet from the lot line on the westerly side. The required depth of front yard in the B-1
zoning district is 15 feet, and the existing front yard is 8.6 feet at its narrowest point. The
maximum allowed building height in the B-1 zoning district is 30 feet, and the existing building
height is 32.7 feet. This proposed addition will not increase an existing nonconformity, and it
will not create a new nonconformity. The proposed addition is positioned so as not to encroach
into required setbacks. In addition, the existing roof line and dormers will be carried through to
the addition. While adding two units, the proposal also adds several parking spaces, as shown
on the plan submitted herewith.
The project will renovate an existing property and add two housing units to the neighborhood.
The project meets the parking requirements, and utilities are in place to serve the existing
building, as well as the two additional units. The proposal fits the neighborhood character in
that the front and sides of the existing building will remain the same, and the style and
materials used on the existing building will be continued throughout the addition. The addition
will have little impact on the view from the street, as the change is to the rear of the building.
The addition should have no significant impact on the view of the immediate abutter, as there
is a freestanding garage next to the location of the proposed addition. The proposed project
will benefit the City of Salem by adding taxpayers and new condominium units with parking to
the housing stock.
Wherefore, the Petitioner respectfully requests that the necessary relief for the project be
granted.
80 Leach St. RECEIVED'
Salem, MA 01970
May 9, 2017 MAY 12 2017
Salem Zoning Board of AppealsDEPT OF PLANNING &
120 Washington Street
COMMUNITY DEVELOPMENT
Salem, MA01970
Re: 76 Leach Street, petition of Salem Waterview Developments
May 9, 2107
Dear Members of the Zoning Board of Appeals:
We appreciate that Mr. Becker of Salem Waterview Developments reached out to us as
abutters of 76 Leach Street. However,we are dismayed about his plans for extensive expansion
of the property.They will negatively affect our neighborhood.
Expanding from three to five units, adding a two-car garage, and creating six parking spaces on a
small plot of green space is extreme, inappropriate,and highly detrimental to the living
conditions of the area.
76 Lafayette has five direct abutters,and a sixth meets at the northeast corner of the property.
If the plans are put into effect, all of those neighboring homes will suddenly be contiguous with
a paved lot with automobile fumes,oil, and water run-off,along with a very large,very tall
building that will take away sunlight,obliterate green space, and increase the density of the
neighborhood. While there have been renovations to other properties on the block in recent
years, none of them expanded the footprint of the building. Those that added parking added it
to the street-side portion of the lot, rather than overtaking backyards that intersect with
neighbors' properties.
We are extremely concerned about water run-off onto our property. A detailed,effective
hydrology plan will be crucial in order to protect our home and others from water run-off.
Further, we are distressed about the addition to the building and the removal of the green
space. We can support renovation of the existing building, and,we understand the need to add
a couple more parking spaces to provide on-site parking,though it will affect our aesthetics and,
as mentioned, requires dealing appropriately with hydrology. We request that the developer
retain as much green space as possible with a minimum of additional pavement, plus create a
clear plan for hydrology management that will avoid run-off to our lot and other adjoining lots.
We regret that we cannot attend the hearing to speak directly about this. We hope that you will
reject the special permit for an addition to 76 Leach Street and its additional parking.
Please accept our letter into the record. Thank you for your consideration.
Sincerely, _
Margaret V. Howard and John F. Howard
CITY OF SALEM, MASSACHUSETTS
ri
BOARD OF APPEAL
\\\ 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TELE:978-619-5685♦ FAX:978-740-0404
KIMBER t,Y DRISCOLL
MAYOR
City of Salem
Zoning Board of Appeals
Will hold a public hearing for all persons interested in the petition of SALEM WATERVIEW
DEVELOPMENTS, LLC seeking a Special Permit per Sec. 3.3.3 Nonconforming Structure, of the Salem Zoning
Ordinance, to construct an addition to the rear of the existing nonconfortning three-family residential
structure at the property of 76 LEACH STREET (Map 33 Lot 565)(B-1 Zoning District)
The public hearing will be held on WED. May 17, 2017 at 6:30 PM, 3' Floor, 120 WASHINGTON
STREET, Rm 313.
Rebecca Curran, Chair
Board of Appeals
Salem News: 5/3/2017 & 5/10/2017
LEACH STREET
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NOTE: PLOT PLAN OF LAND
I HEREBY CERTIFY THAT THIS PLAN HAS
BEEN PREPARED FROM AN ACTUAL ON THE IN
GROUND INSTRUM OF URVEY, SALEM , MA
PMA PREPARED BY:
1 PJF & ASSOCIATES
Meow 4 HIGHLAND AVE WAKEFIELDNA
99� PAUL J. FINOCCHIO—P.L.S.
(781 )883-4573
SCALE: 1'=20'
DEED REF,;
DATE: MARCH 28, 2017
PAUL J, FIN❑CCHIO P,L,S, No,36115 DATE FILE No,; 6941D
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LEACH STREET
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NOTE: PLOT PLAN OF LAND
I HEREBY CERTIFY THAT THIS PLAN HAS IN
BEEN PREPARED FROM AN ACTUAL ON THE
GROUND INSTRUME SURVEY, SALEM , MA
PREPARED BY:
pmA PJF & ASSOCIATES
J 4 HIGHLAND AVE WAKEFIELD,MA
RHOCOW PAUL J. FINOCCHIO—P.L.S.
Will (781 )883-4573
SCALE: 1'=20'
DEED REF,;
DATE: MARCH 28, 2017
PAUL J, FINOCCHIO P,L,S, No,36115 DATE FILE No.: 6941C.
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