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24 LEMON STREET - ZBA (2) 'Zi{ L e m o'rl S,cce e�' wivarsal© www.myuniversalop.com phone:1-866 756-4676 UNVI2113 MADE W USA f I i Zoning Board Proiect Status Sheet Address & Applicant: Z ❑1 Le m n ��Date Submitted to BOA: (� 7d Clerk Stamp: Variances Only - Constructive Approval Date: (100 days from filing) eAbutters List Requested: f butters Notice Sent: 1-4 Notice to Abutting Cities & Towns, Councillors: ❑ Legal Notice posted at City Hall: (la 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: ti /za l c co Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: 5 g Decision: W��hd�o �`n Wkq Decision Filed: Appeal Period Over: 21 (1a} after decision filed) 19/ Decision Sent to Applicant: r� Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BO MEE12S �. 'lv1(#TIOI�I ,SECONDY,^UO,TE'._ Date: rj l$/( � Rebecca Curran (Chair) Mike Duff Petitioner: Tom Watkins Peter Co elas Address: Jimmy Tsitsinos Jim Hacker(Alt. Paul Viccica(Alt.) Conditions: Y Req )e sA— -}o W�-,vV-\(N vJ Total: wc'��, ovt p�e�vdtce . ❑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(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. 0 ZBA ACTION FORM BOt�R{D,NIEI1� ) RSA ,x",,1VI(3T=IOIY ;SECQND =VO,T ,;, Date: y I 2.0 1 4� Rebecca Curran (Chair Mike Du Petitioner: Tom Watkins Peter Co elan Address: Jimm Tsitsinos Jim Hacker(Alt. Paul Viccica(Alt.) RQ c�. e S.� o co Total: 0 -5- El Conditions: ✓\1;r�It -2 ❑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. ONDM44 CITY OF SALEM MASSACHUSETTS a . BOARD OF APPEAL .9E .Ua : _ ]20 WASl'11NG1'ON STREET + SALEM,DtASSACIiUSETTS 01970 KIMBmu.tw DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR June 1, 2016 Decision City of Salem Board of Appeals 0 r- a Petition of RICARDO GARCIA and ROSE HELEN GARCIA, seeking a Variance from.the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, for minimum,loT_area per dwelling unit at the property of 24 Lemon Street (Map 36 Lot 44)(R2 Zoning District). A public hearing on the above Petition was opened on April 20, 2016 pursuant to M.G.L Ch."A, g 11. Evidence was heard on that date and the petition was continued to the next regularly scheduled-meeting on May 18, 2016. The hearing was closed on that date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos, Mike Duffy, Tom Watkins and James Hacker (alternate). The Petitioner seeks seeking a Variance from the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, for minimum lot area per dwelling unit to allow two (2) dwelling units at the property. Statements of fact: 1. In the petition date-stamped March 14, 2016, the Petitioner requested a Variance from the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, for minimum lot area per dwelling unit to allow two (2) dwelling units on a 4,084 square foot lot. 2. Mr. Ricardo Garcia and Ms. Rose Helen Garcia, petitioners presented the petition. 3. The property is located in an R2 Zoning District and a two (2) family dwelling unit is an allowable use by right. 4. The property is currently used as a single family home on an existing 4,084 square feet of the 15,000 square foot lot area required. 5. The petitioner proposed to formally create a driveway and three (3) parking spaces, which meets the parking requirements of the Salem Zoning Ordinance. 6. At the March 14, 2016 Zoning Board of Appeal meeting, the petitioner also proposed to construct a rear stairway for a second egress and tailing above an existing single story rear deck. 7. At the March 14, 2016 Zoning Board of Appeal meeting, the Board requested additional information from the petitioner including a revised parking plan - Revised parking plan with additional measurements and labels to indicate the location of the fire hydrant, street name, and property measurements; a permit for a curbcut from the Engineering Department for permission to provide a formal curbcut, amended elevation plans of the proposed rear stairway and egress, an updated plot plan showing the proposed rear stairway location for review, a revised Statement of Hardship. 8. The petitioner provided the requested materials and information for the Board. i City of Salem Board of Appeals June 1,2016 Project:24 Lemon Street Page 2 of 2 9. After review of the revised petition, the Building Commissioner ruled that the request for the rear stairway would require a special permit from section 3.3.5 Non-conforming Single and Two-Family Structures of the Salem Zoning Ordinance to reconstruct, extend, alter or change the non-conforming structure. 10. On May 18, 2016 the petitioner requested to withdraw the application without prejudice to re-apply to the Board with a revised application to include the request for a Special Permit. 11. The requested relief,if granted, would allow the petitioner to withdraw the petition without prejudice. 12. At the public hearing, no (0) member of the public spoke in support and no (0) members spoke in opposition to the petition. A petition of support with numerous abutters was presented to the Board for the record. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos, Mike Duffy, Tom Watkins and James Hacker (alternate) and none (0) opposed, to allow the petitioner to withdraw without prejudice. THE PETITION IS WITHDRAWN WITHOUT PREJUDICE. Rebecca Cuxxan, 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 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 Vanance or Special Pemrit 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. RS DESIGN & CONSTRUCTION CORP 2393 P O sox 761204 MELROSE,MA 02176 63 4/B30 FL Date 24116 `5 �r^--�� OrderoOf e C l\� $ +�+7 h Dollars a i Bank ofAmerica ACH R/r 063100277 For 11'00239311' 1:063000047': 00 5 500 1 59 29411° i My OF SALEM, MASSACHUSETTS BOARD OF APPEALS ``�.. �� � ORM CITY OF S4LEM,MASSgCHUgTTS ° * BOARD OF APPEALS 1 120 WASilNGTON STREET,3RD FLOOR MAR 4 2016 S4LEM,MASS4CHUMTTS01970- DEp \\� Thomas St. Pierre,Directorof InspectionalSaVi� Y DEV ,, ,,.", n Phone 978.619.5641/ Fax:978-740.9846 ! KTMmxnr ev Dxwscot t Erin&hs effer,Staff Planner s Mnrox Phone 978-619-5685/ Fac:978-740.0404 v, Z7 TO THE BOARD OF APPEALS _ The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: t= tt 11 _C N Address: `i ��t Y > �j Zoning District: CD 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 try home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth ofthe 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) Cllr-r_- 'tO +C-Ar—r—) pL__9r- 4rlc�r�1G 24 Lerma v� rid For this reason I am requesting: (LYariance(s)from provisionsofSection 4 1 of the Zoning Ordinance,specifically from 5OLD0 tea• T (i.e. minimum depth ofrearyard). What is allowed is (fl?sq ft?stories? W),and what I am proposing is (fi?sq ft?stories?W). ( )A Special Permit under Section of the Zoning Ordinance in order to ( )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 '1 L�re Lot Dimensions Included?Oe)Yes ( )No Why? (Example:'No 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: (VFor all Variance requests a written Statement of Hardship demonstrating the following must be attached: ,af 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; aS) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and 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. O 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 different from petitioner Petitioner: Property Owner: Address:ltbc�` ,���y�1Address: Telephone:9�'b-9`-'U05T 1C Telephone: Email:r" GG@ Kit (:OM Email: Signa Signature: (Anached consent letter is also acceptable) Date:*-�l �u' I �( _ Date: If different from petitioner: Representative: Address: A TRUE ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. Erin Schaeffer From: Rossi Garcia <rossi.gac@gmail.com> Sent: Monday, March 14, 2016 1:55 PM To: Erin Schaeffer Subject: 24 Lemon Street To Whom it may concern, We are requesting a variance to convert the current single family house to a two family home. The current house has two floors and the requested arrangement will have two families,one living on each floor. The current structure already has an entry foyer with interior stairs leading to the second floor. The first floor has an interior entry door in the foyer and the second floor has an interior door at the top of the stairs. All modifications are interior only and already have the appropriate building permits. Granting this variance will not result in any detriment to the neighborhood. On the contrary,the neighborhood already contains several multi family homes. If allowed to proceed the finished home will be returned to its original beauty and integrity. Thank you for your consideration. Sincerely, Ricardo Garcia Rose Helen Garcia Sent from myiPhone 1 OWNER OF RECORD RICAROO & ROSE HELEN GARCIA BOOK 34464 PAGE T64 E.SR.D. PLAN REFERENCES PLAN BOOK 378 PLAN 22 PLAN # 514 OF 1968 ORANI TE WALL RECEIVED MAR 14 2016 DRILLHOLE - DEPT. OF PLANNING Yr N 80'02'41" E (SET) S 475845" E COMMUNITY DEVELOPMENT 20.77' _ 48.99' 40:OD' DRILLHOLE (SET) f HEREBY CERTIFY THAT THIS PLAN IS BASED ON AN- DRILLHOLE f ACTUAL- I STRU NT SURWE (SET). DECK 14 OF -N 3659'05" E 8.35' 1.3' EDWARD a `� _ FAPRELL SB/DH \\\ \\\\\\ R6.3461J ' ,27 \ "46 (FOUND) 24 \ ` EDWA FARRELL P.L. �allo DATE JK Ii A=4,084 S.F. p co \ t \ a N 4821'35" W 88.50' CAPPED IRON —CAPPED IRON 2,3' ROD tSET) PLOTPLAN . ROD {SET) 2.4 LEMON STREET LEMON STREET SALEM, MASS. SCALE. 1 = 20` JANUARY 27, 2016 prepared By EDWARD J. FARRELL t PROFESSIONAL LAND SURVEYOR 110 WINN STREET ^ SUITE 203 - WOBURN, MA. (781} -933 - 9012 1�0 o, " 0 0 RECEIV MAR 14 2016 RS Design & Construction Corp P.O.Box 761204 Melrose,MA 02176 Ph.7817208073 DEPT. OF PLANNII:C3 Project Name: scale: ,ie��=r-o" COMMUNITY DE:'E_::: 24 Lemon St Date:March 42016 Drawing Title: Revision: Site Plan OWNER OF RECORD RICARDO & ROSE HELEN GARCIA ROOK 34464 PAGE W4 C.S.R.D. PLAN REFERENCES PLAN BOOK 378 PLAN 22 PLAN # 514 OF 1968 GRANITE WALL RECEIVED t I MAR 14 2016 DRILLHOLE - _ DEPT. OF PLANNING & - COMMUNITY DEVELOPMENT N 80'02'41" E (SET) S 475845" E 20.77' 48.99' 40.00' (DRILLHOLE (SET) I HEREBY CERTIFY THAT THIS PLAN IS BASED ON AN DRILLHOLE ACTUAL. I STRU NT SURVE (SET) DECK 14 OF -N 36 59'05' E 8.35' L 3' EDWFARARD J 77 SB/DH \ Q) INO.3M4e13 m , 746(FOUND) �W v RFO A)R EDWA FARRELL P.L. LAND DA TE ik ry. 1124 y I A=4,084 S.F. r 2.0'. N 482135" W 88.50' _ CAPPED IRON CAPPED IRON 2.3' ROD (SET) PLOT PLAN . ROD (SET) 2.4 LEMON STREET LEMON STREET SALEM, MASS. SCALE. 1 " = 201 JANUARY 27, ,2016 Prepared By EDWARD.J. FARRELL PROFESSIONAL LAND SURVEYOR 1 10 WINN STREET - SUITE 203 - WOBURN, MA. (781) - 933 - 9012 19 O 0 9'-0" RECEIVED RS Design & Construction Corp NAR 14 2016P.O.Box 761204 Melrose,MA 02176 Ph.781 720 8073 Project Name: Scale: 1/8"=v-0" DEPT. OF PLANNING & 24 Lemon St Date:March 42016 COMMUNITY DEVELOPMENT Drawing Title: Revision: Site Plan a: _ N 59'-416" �.! Q O ~. 111 ~ w g I.V ❑V I V I O I W v O I o> 0 1 e� O cV Oe. 4 ` >O RS Design & Construction Corp P.O.Box 781204 Melrose,MA 02178 Ph.781 720 8073 Project Name: scale: 118°=r-o^ 24 Lemon St Date: March42018 DrawingTitle: Revision: Site Plan f .e-s W o N Z W rl J W b 'v LU V ¢ O r. Z a. LL � 0 11 U 13 1'I"I-atter--i3 � ❑ O_ .9-101 d-,6 11� ga� �a' A� Tiah 6b IJ ❑ E= Im ® O V ® V RS Design & Construction Corp P.O.Box 761204 Melrose,MA 02176 Ph.781 720 8073 Project Name: scale: 24 Lemon St Date: March 42016 Y r Drawing Title: Revision: Elevations City of Salem Department of Planning & Community Development CHECK RECEIPT AND TRACKING FORM DATE BOARD RECEIVED STAFF MAR 141016 ' DEPT. OF PLANNING & CLIENT: COMMUNITY DEVELOPMENT PROPERTY ADDRESS: CONTACT NUMBER: PURPOSEFOR ** 1� APPLICATION: �� 1� CHECK # AMOUNT RECEIVED: I _�_—_. � .-...- �r s�.�:� �, �}'�=�, ,a. >tx i 4 �•. -.�:x. u3+.s ay "�"rW`� ik�°' RS DESIGN & CONSTRUCTION CORP POBO%781204 a* Date ' tv1ELROSE,JMA02176 p+ tee., w' - N� � � r, F ♦ r A �� .srt' }may �� i HCl. s t yr � •4 � U� ., � xl d v r ix' T P keEi r1 t4 e ay To�The i Pi � m a 3 c t� x /A� 7Dolla .g ♦ r r.Ofp M ' BanAm - •� � . k � erica F0 I ■ ' •06,000471 "0055015929 till;g00 La .�• o �'� CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL W� '2a. of / 120 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 TELE:978-619-5685 FAx:978-740-0404 `? K NRIERLEY DRISCOLL MAYOR o ' J i, co City of Salem o Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of RICARDO GARCIA and ROSE HELEN GARCIA, seeking a Variance from the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, for minimurn lot area per dwelling unit at the property of 24 Lemon Street (Map 36 Lot 44)(R2 Zoning District). The public hearing will be held on Wednesday, April 20, 2016 at 6:30 PM, in Room 313, 3`' at 120 Washington Street. Rebecca Curran, Chair Board of Appeals Salem News: 4/6/2016 & 4/13/2016 This notice posted on "Officiaj Bulletin Board'° City Hall, Salem, Mass. on APK ' / P6?6 at ?.'o 4AHin accordance with MGL Chap.300, Sections 18-25. Google Maps Smith St r' 4 � f y o K. Image capture:Sep 2012 ©2016 Google Salem,Massachusetts Street View-Sep 2012 C �♦ `LOry ,Awebb,s� it :. . )'Y Google Maps �I Erin Schaeffer From: Rossi Garcia <rossi.gac@gmail.com> Sent: Wednesday, May 11, 2016 11:38 AM To: Erin Schaeffer Subject: 24. Lemon st Hardship Special conditions: We are requesting a variance to convert the current single family house to a two family home. The current house has two floors and the requested arrangement will allow two families,one living on each floor. I am a widowed woman and very conscious of personal security.The current single family creates a hardship by making me live alone in a house which can cause me to constantly worry about a real lack of personal security. My desire is to live on the second floor with someone on the first floor. Granting the variance will allow me to achieve this goal and will give me a tangible increase in real security. Granting this variance will be consistent with other multifamily homes in the neighborhood with similar entryway floor plans that have been granted a variance for multi families. Granting this variance will not result in any detriment to the neighborhood. On the contrary,the house will be restored to its original beauty and historical integrity from the late 1800. This is in keeping with Salem's goal of beautification through historic preservation. It will also be consistent with other multifamily homes that are already restored in the neighborhood. Thank you for your consideration Rossi Garcia Cel 978-908-0579 Email rossi.aac@amail.com Sent from my iPad mini :) t Erin Schaeffer From: vtsdmailer@vt-s.net on behalf ofjmeger@gmail.com Sent: Monday, May 16, 2016 6:30 AM To: Erin Schaeffer Subject: [City of Salem MA] Public comment for May 18, 2016 hearing Hello eschaeffer, Jennifer Meger(imeger@gmail.com) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails,you can change your settings at http://www.salem.com/user/326/edit. Message: Zoning Board Members: I would like to submit this public comment regarding the variance petition submitted by Ricardo Garcia and Rose Helen Garcia,for 24 Lemon Street. As you heard from the neighborhood at the last hearing on this petition, the neighbors have serious concerns about the impact this project will have on parking. I do not believe that can be ameliorated by the parking spaces the owner has proposed for the lot. I would urge you and the building inspector to seriously consider the dimensions of the lot and of the proposed parking spaces, because from a layperson's eyes, it looks like the owner will have to encroach on abutting city property to provide the parking spaces they have proposed.The owner of this property has already shown a worrying level of reckless disregard for the abutting city property, as they cut down vegetation on that city property without proper permission from the city.The vegetation they cut down was likely protected wetland vegetation, but the city Conservation Commissioner can speak more authoritatively to that point. I would like to point out that the law of the Commonwealth holds that variances are to be used sparingly.This project is requesting a variance not due to any hardship particular with the lot, but due to the owner's desire to turn a single family house into a multi-family house.Zoning law preventing an owner from doing what they want is not a hardship. In fact,the housing stock of Salem is fairly low on single family houses as it is, and one could argue that the highest and best use for the property is for it to remain a single family property. Thank you for your consideration. Sincerely, Jennifer Meger 27 Lemon St. Salem, MA 01970 1 Erin Schaeffer From: Rossi Garcia <rossi.gac@gmail.com> Sent: Monday, May 16, 2016 3:12 PM To: Erin Schaeffer Subject: Withdraw without prejudice To Whom It May Concern, Following the new request for a variance regarding the property located at 24 Lemon Street, Salem MA 01970, we will have to withdraw without prejudice our initial request until we complete the requirements under the city code. Regards, Rosie Garcia 978-908-0579 Rossi Sent from my iPad mini :) 1