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410 LORING AVENUE - ZBA� NlD f � Zoning Board Proiect Status Sheet Address & Applicant: LAI oQ e Date Submitted to BOA: l Y/Clerk Stamp: ��q/ 15 Variances Only - Constructive Approval Date: (loo clays from tiling) u/Abutters List Requested: / Ybutters Notice Sent: 7.144 Notice to Abutting Cities & Towns, Councillors: ieo"Legal Notice posted at City Hall: (la clays before meeting) ' Q/ egal Notice Emailed & Confirmed: 2 11 ®e Legal Notice Posted on Web: Z �I Agenda to Applicant: Z 1 41 Applicant's email address or fax number to send agenda: Opened at Meeting: 2- Continued Continued Meetings: bdA Extension .Form(s) Signed & Clerk Stamped? Closed at Meeting: 2 1 Decision: GC.Q,n- - e. Decision Filed: Appeal Period Over: (zday arterd 'ion Piled) ecision Sent to Applicant: rNotice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM I � BOARD MEMBERS MOTION; .SECOND ;.VOTE, Date: Z g Rebecca Curran (Chair) Richard Dionne Petitioner: h �0.� Mike Duffy x �t a ►1,blgh Tom Watkins Address: Peter Copelas q/ Jimmy Tsitsinos (Alt.) pr Total: Conditions: ®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. 0 Petitioner shall obtain a building permit prior to beginning any construction. EP 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 r number so as to be visible from the street. ya 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 'l 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 5��rArlY 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. ?tddc h r2mc4 'n °I -fWO Un Qu I�(1nC� AID co CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL f1 f� kIAp 120 WASFIINGTON STREET+SALEM,MASSAl-tu�c �YrS 61'970-4 A 8: 2q KiMERLEYDR[scoLL TELE:978-745-9595 ♦ FAx:978-740-9846 FILE if MAYOR CITY CLERK, SALEM. H ASS. March 4, 2015 Decision City of Salem Board of Appeals Petition of DIKRAN YAKUBIAN seeking Variances requesting relief from Sec. 4.1.1Table of Dimensional Requirements of the Salem Zoning Ordinance and a Special Permit per Section 3.3.3 Nonconforming Structures to allow an increase in the number of stories from 2.5 stories to 3 stories. The proposal is for the property located at 410 LORING AVE (Map 30 Lot 60) (RI Zoning District). A public hearing on the above Petition was opened on February 18, 2015 pursuant to M.G.L Ch. 40A, g 11. The hearing was dosed on this date with the following Salem Board of Appeals members present: Ms. Curran (Chair),Mr. Duffy,Mr.Watkins,Mr. Copelas, Mr.Tsitsmos (alternate). The Petitioner seeks a Special Permit per Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped January 29, 2015, the Petitioner requested a Variance per Section 4.1.1 Table of Dimensional Requirements and a Special Permit per Section 3.3.3 Nonconforming Structures to allow an increase in the number of stories from 2.5 stories to 3 stories. 2. Attorney Keilty,presented the application on behalf of the petitioner. 3. The petitioner proposes to construct two (2) shed roof dormers and gables on an existing nonconforming structure and increase the number of stories from an existing two and a half (2.5) stories to three (3) stories. 4. The existing roof tidgeline will remain the same height at thirty-three (33) feet. 5. The requested relief, if granted, would allow the Petitioner to reconstruct, extend, alter a non- conforming structure and allow an increase in the number of stories from two and a half(2.5) stories to three (3) stories. 6. At the public hearings no members of the public spoke in favor or in opposition to 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, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: City of Salem Board of Appeals March 4,2015 Project:410 Loring Avenue Page 2 of 3 Findings- Variance from the 2.5 stories maximum allowed height of buildings to allow the building to be three (3) stories: 1. Literal enforcement of the provisions of the Ordinance requiring a maximum allowed number of 2.5 stories would be a substantial and unique hardship as the existing third floor cannot be used because it does not meet current building code requirements. 2. The proposed dormers and gables would not be a substantial detriment to the public good. 3. The desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. Findings for Special Permit: 1. The proposed expansion of a non-conforming use is not more detrimental than the existing use to the impact on the social, economic or community needs served by the proposal. 2. There are no impacts on traffic flow and safety,including parking and loading. 3. The capacity of the utilities is not affected by the project. 4. There are no impacts on the natural environment,including drainage. 5. The proposal conforms to the existing neighborhood character. 6. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in favor (Rebecca Curran,Mike Duffy,Tom Watkins and Jimmy Tsitsinos) and one (1) (Peter A. Copelas) opposed, to grant a Variance and Special Permits, to allow an increase in the number of stories from 2.5 stories to 3 stories, subject to the following seven (7) standard and two (2) special terms, conditions, and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Special Conditions: 1. The non-conforming structure shall remain a two (2) unit structure. 2. No kitchen shall be installed on the third (3`� floor. City of Salem Board of Appeals March 4,2015 Project:410 Loring Avenue Page 3 of 3 Rebecca Curran,Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, +f any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of ftkng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted bemn 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 ' CITY OF SALEM, MASSACHUSETTS r� BOARD OF APPEAL 120 WASHINGTON S9RUI '1' * SALEM,MASSACHUSE'CI'S 01970 KIMERLEYDRIsCOLL TELE:978-745-9595 ♦ FAx:978-740-9846 MAYOR Notice of Decision At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, February 18,2015 at 6:30 p.m. at 120 Washington St.,Salem,MA, the Zoning Board of Appeals voted on the following item: Petition of DIKRAN YAKUBIt1N seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance and a Special Permit per Section 3.3.3 Nonconforming Structures to allow an increase in the number of stories from 2.5 stories to 3 stories. The proposal is for the property located at 410 LORING AVE (Map 30 Lot 60) (Rl Zoning District). Decision: GRANTED Filed with the City Clerk on March 4,2015 This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 d9'15 and doer not require action by the recipient.Appeals, it any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20 days from the date which the decision was filed with the City Clerk. i r CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS PETITION FORM / \~' CITY OF SA EM MASSACHUSETTS /3 • � 1 1015 JAN 29 P BOARD OF APPEALS ' 120 WASHINGTON STREET,3m FLOOR FILE It sAiEK mAssAcfnrsEmot97o CITY CLERK, SALEM, MASS. Thomas St Piece,Director of Inspectioaal Services Phone:978-619-5641/Fes 978-740-9846 KmmERr.EMI)Rrscou. Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fas 978-740-0404 + �..:i... _... TO TM BOARD OF APPEALS: I The Undersigned rlepresent that he/she Ware eelthe owners of a certain parcel of land located at: JAN 2 '3 Address: IJ .,Li7l�[f�g �Lfr Zoning District p4e- ,j DEPT. OF{-'L:,�.t`i1PtG�, An application is being submitted to the Board of Appeal for the following reason(s):This statement must -N describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example. 1 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 of my rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 fleet.) x f.�rc7'A>°d 9Ca�T lvOrs7e/' A4/�J fv)j/ .A.- /e. if7iit O .J[T I e /Ot Aa&-e 2®(/ ezo-ed-1 1 - `7 141laod 910 D/ d, • f i4 I s.4V—vz2e.A ac For this reason I am requesting: ( ) Variance(s)from provisions of Section // of the Zoning Ordinance,specifically from �tXu7,itd CJnt1iT�•,rJ !'/off mw/7 4clel (Ie. minimum depth of rear yard). What is allowed is Y (/1?sgft?stories? W), and what I am proposing is tir, >'710/l (1t?sgjl?stories?90?). ()C)A Special Permit under on"? -?_of the Zoning Ordinance in order to ( )Appeal of the Decision of t'e Building Inspector(described below): r ( )Comprehensive Permit for i nsone"on of low or moderate income housing(describe below): Current Property Use: Are Lot Dimensions Included?(A)Yes ( )No Why? mpL:Two Yandly He=) The Undersigned hereby petitions the Board of Appeals to vary the terms ofthe Salem Zoning Ordinance and allow the project to be conshttcted as per the plans submitted,as the enforcement of said Zoning By Laws would involve praefieal difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent.and,purpose of the Zoning Ordnance. ' 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. O For all Special Permit requests a Statement of Grounds must be attached. An application for a special e g structure shall in P permit for substantially elude a statement demonstrating how the ntiall g proposed more detrimental p posed change shall i Y mental than the g all not be Section 9.4 Special Permits. Such a statement should include reference use to tto the he fo�llllow ng criteria: orhood in ordance with 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. O 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 documenta[ion of previous applications to the petitioner of his representative. If different from petitioner: petitioner:_4ix o & y l A Property Owner: Address: O v „� ✓r� � Address: Telephone:_ q2X- 7:� 17,,/'f // ate.+ 1 Telephone: Email: ryi i n Email: Signature: Signature: Date: �— , Da[e: (Attached consent letter is also acceptable) If different from+petitioner: Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE 777is original application must be filed with the City Clerk. RECEIVED FEB 0 5 2015 DEPT.OF PLANNWG& COMMUNITY DEVELOPMENT ADDENDUM TO ZONING BOARD OF APPEALS APPLICATION APPLICANT: DIKRAN YAKUBIAN PROPERTY ADDRESS: 410 LORING AVENUE, SALEM, MA 1. (3.3) - Special Permit A special permit seeking to modify a non-conforming structure has been requested. The structure is non-conforming dimensionally as to set backs and the lot is non- conforming as to lot size and frontage. The alteration of roof line will allow safe access to the third floor with full stairways. The third floor will be used as additional living space for 2nd floor apartment,which use as a 2 family is non-conforming. The construction of the structure as a 2 family precedes the imposition of single family zoning. No use will be made of the additional usable t space as a third apartment. The Board may impose that as a condition to the special permit. The change in roof line will not be substantially more detrimental to the neighborhood, nor will it impact the district negatively and will not be substantially more non- conforming. 2. (4.1) -Variance—Hardship Statement The variance requested is to allow the roof line to be changed providing safe access to third floor space. The structure is currently a 2%2 story dwelling and under 35 feet. Access to the attic space and modification of the roof line results in a third story requiring a variance as to the number of stories. No change in the current height of 33 feet will result Relief may be granted without substantial derogation from the intent or purpose of the Ordinance. Literal enforcement would result in unsafe access to the third floor. The improved access will not result in any change to the footprint of the structure and will not impact any structure in the same district(R-1). d 04 C-1 Lc -ILI Nq Borrower Yakubian Property Address 410 Loring Av C_yt Salem County Essex State MA ztpcode01970 Lender/Client Eastern Bank Andress 195 Market St Lynn MA 01901 14' 9' Open Porch 9' 11' 9' Open Porch 3 3' , 11' Bedroom Mud Room Bedroom Mud Room Kitchen 19 Kitchen 19' Bedroom Bedroom 4.6 4.6' Bath Dining RoomBath 6 Dining Doom 6' 66' Bedroom 4.6' Bedroom 4.6' Living Room Living Room 23' 23' Open Porch Den Open Porch Den 28' 28r / :< r r . f t it 1: "r 1 '1 a, �uunl i Ai \ '. \, "ikw'^wwawgwenvrw kwnw w ww�n�nnnnw�nikkk!kkwn \ IY t iL I � ��nnunmi nnnnmm �;e •��lt+�a/ WK TIN NIA Ilk a. 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