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114 MARGIN STREET - ZBA
I I Li H argir� Stc-e�-�- IVERSAL . UNV-12113 MAGE IN USA SUSTAINABLE MIN.RECYCLED FORESTRY "RECYCLE INITIATIVE C.nifeanwsaummp POSTCONSUMER® wwn SFiSFIpI mm.orp U12IX1 r _ f ` w Zoning .Board Proiect Status Sheet � Go.\\ate\'es Te-rrci.ce, swcun�e sca-�-�l�"�� Address & Applicant: F, a,A PQ,,\Q Ve2vc-e Date Submitted to BOA: M1.A0-rz0., q/ Clerk Stamp: z o s Variances Only - Constructive Approval Date: clop days from filing) 21"Abutters List Requested: 2/"Abutters Notice Sent: S �b d/ Notice to Abutting Cities & Towns, Councillors: 5 6 rad Legal Notice posted at Citi Hall: (14 days before meeting) s 6 2/ Legal Notice Emailed & Confirmed: 5�4 wl Legal Notice Posted on Web: s gf/ Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: Decision: Decision Filed: Appeal Period Over: (z1" day after decision filed) o� Decision Sent to Applicant: rad Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: S/Zo 7-0% 15 Rebecca Curran (Chair) kb Richard Dionne MOP Petitioner: Marzq/ v—C Mike Duffy Tom Watkins Address: Peter Copelas G a l o v e ce ��a ce Jimmy Tsitsinos (Alt.) y 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. ❑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 reconstructe6 except in conformity with the provisions of the Ordinance. ZBA ACTION FORM 'BOARD MEMBERS MOTION SECOND VOTE Date: Y�`�/ � / Rebecca Curran (Chair) " IOI��I lei ane , Petitioner: e�Zpl 1 ( L(� Mike Duffy Tom Watkins Address: ' &4/04,AL0 7,e-rA Peter Co elas [ ��p Jimmy Tsitsinos (Alt.) 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. ®Petitioner shall obtain a building permit prior to beginning any construction. nn©Exterior finishes of the new construction shall be in harmony with the existing structure. IIBX A Certificate of Occupancy is to be obtained. kr�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. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 29 P 3� 5tt')� 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 M ICIMaERLEvDRIscoLL TELE:978-745-95951 FAX:978-740-9846 FILE N MAYOR CITY CLERK, SALEM, MASS. June 29, 2015 Decision City of Salem Board of Appeals Petition of MARZA,LLC, seeking a Variance requesting relieffrom Sec. 4.1.1 Table ofDtmensional Requirements from minimum lot area per dwelling unit to convert an existing garage into a dwelling unit. T lite The petitioner is also seem a Special Permit per n$ p p Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance, to alter the use of an existing nonconforming structure located at the property of 114 MARGIN STREET (Map 25 Lot 500)(82 Zoning District). A public hearing on the above Petition was opened on May 20, 2015 pursuant to M.G.L Ch. 40A, § 11. The hearing was closed June with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Peter A. Copelas,Tom Watkins,Jimmy Tsitsinos,James Hacker. The petitioner is seeking a Variance requesting relief from Sec. 4.1.1 Table to Dimen.nonal Requinments from minimum lot area per dwelling unit and a Special Permit per Sec. 3.3.3 Nonconforming Structures to alter an existing nonconforming structure to provide for a substantially different purpose from an attached garage to serve as an additional dwelling unit. Statements of fact: 1. In the petition date-stamped May 20, 2015, the Petitioner requested a Variance requesting relief from Sec. 4.1.1 Table of Dimensional Requirements from minimum lot area per dwelling unit to allow a reduction in the minimum lot size per dwelling unit and Special Permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to alter an existing non-conforming structure to provide for a substantially different purpose from an attached garage to serve as an additional dwelling unit. 2. Emily Stuart and Paula Pearce of Marza,LLC,petitioners,presented the petition. 3. The petitioner proposes to convert an existing single-family home into 2 (two) dwelling units located in an existing attached garage. 4. The property is located in an R2 (Residential 2-Family) district. 5. There is a driveway with three (3) outdoor parking spaces on-site. 6. The petitioner requested a Variance from Sec. 4.1.1 Table of Dimensional Requirements requesting relief from minimum lot area per dwelling unit to allow two (2) dwelling units on a lot that is approximately 4,352 square feet. The Salem Zoning Ordinance requires 7,500 per dwelling unit. 7. The petitioner also requested a Special Permit per Section 3.3.3 Nonconforming Structures to provide for a substantially different purpose from an attached garage to serve as an additional dwelling unit. 8. The requested relief, if granted, would allow the Petitioner convert and existing single-family home into two (2) dwelling units on an existing non-conforming lot and structure. City of Salem Board of Appeals June 29,2015 Project: 114 Margin Street Page 2 of 3 9. At the public hearing three (3) members of the public spoke in favor of and none (0) 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, 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: Findings for Variance: 1. The special conditions and circumstances that especially affecting land, building or structure involved generally not affecting other lands, buildings, and structures in the same district is its unique size and structure. In particular, the existing structure is 1320 square feet and has no functional use to the property. 2. The literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant as the building is large and was once used as a commercial space is not typically attached to a single family structure and is not zoned for a non-residential use. 3. 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. Findings for Special Permit 1. The proposed change use of a non-conforming structure would not be more substantially detrimental than the existing non-conforming structure 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 as there are three (3) on-site parking spaces that conform to the parking requirements of the Salem Zoning Ordinance. 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 improves neighborhood character as it improves the property. 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 five (Rebecca Curran (Chair), Peter A. Copelas,Jimmy Tsitsinos, Tom Watkins,James Hacker) in favor and none (0) opposed, to grant a Variance per Sec. 4.1.1 Table of Dimensional Requirements from minimum lot area per dwelling unit to convert an existing garage into a dwelling unit and a Special Permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance, to alter the use of an existing nonconforming structure subject to the following terms,'conditions and safeguards: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. I City of Salem Board of Appeals June 29,2015 Project: 114 Margin Street Page 3 of 3 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Budding 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 Inspection shall be obtained. 7. A Certificate of Occupancy shall be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 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 demion,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chatter 40A, and shalt be filed within 20 days of fling of this decision in the office of the City Clerk Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Pemrit granted bemin shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been fled wilh the Essex South Registry of Deeds. l CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PE - � CITY OF SALEM MASSACHUSETTSq BOARD OF APPEALS z l�ij `l iti 120 WASHINGTON STREET,3RD FLOOR APR 2 2 c 0 i5 t - SAI Ell MASSACHUSETTS 01970DEP7. OF P(1{�n a/Mjj�y6p0- dING& Thomas St.Pierre,Director of Inspectional Services=,OMMU'NITy p,_VrLOPMENT Phone:978-619-5641/Fax:978-740-9846 E2 KMMERLEY DiuscoLL MAYOR Erin Schaeffer,Staff Planner Phone:97&619-5685/Fax:978-740-0404 N TO THE BOARD OF APPEALS: N m N The Undersigned represent that he/she isiare the owners of a certain parcel of land located at:7 D Address:-.11•I1 l Hac�l�V( �j�P21 o Zoning District: P, N 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 ant proposing to construct a IO'x IW one story addition to my home located at 3 Salem Lane, in the ts* Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32feet, the proposed addition would reduce the depth ofthe rear yard to 22 feet.) We- � e v COvweif � 5 � �,c vv t t U1 a-AV' 11 A tA�S�141� q VC.ola�lt ^ CC�IV��`� tj t Set as ti \ti� 6( c� ��,ti VVI Etc v 2 217 G a by e ct1�.Q 115 't�A4v 6 c S 77JOs� V ISR tA� . '�1 �te�(Cobui �tyfv1.c i�v �lt� z cu eti�l k cl Ce4tc i (\whl a jii;y lti, For this reason I am requesting: " !�Variance(s)from provisions of Section L1,(, 1 of the Zoning Ordinance,specifically from VHn�lttiUlt i M �0 ciP(A ice( ''�1UQ bL (i.e. minimum depth ofrear yard). What is allowed is_ tj-C'u (ft?sq ft?stories? %?), and what I am proposing is (✓ (fi?sq ft?stories?%?). (�A Special Permit under Section 5,z ,3 of the Zoning Ordinance in order to �L'�-F+e "rl� IA`�e r.1. .'h VLL`VlCi%YL�•2i'Mit `'�(,U=���SL 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: Okk cvnA,t t i Are Lot Dimensions Included?NYes ( )No Why? (Eramp(e:Tivo Family omeJ The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem the project to be constructed as per the plans submitted, Zoning Ordinance and allow as the enforcement of said zoning inLaws world involve tsubstantially practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without sub derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS application.The following written statement has been submitted with this a PETITION FOR 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 applicant;and would involved substantial hardship to the c) Desirable relief]pay 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 he 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 e a) Social,economic,or community needs served by the proposal; b) Traffic How 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. OFor all Comprehensive Perini Ch.40B §20-23. ts for construction of low or moderate income applicants should refer to M.G.L. Previous applications to the Board of Appeals I form. The Building Commissioner can provi "volving this property have been submitted with this petition representative. de documentation ofprevious applications to the petitioner or his ++ i"�0.vL.K 1 I`L Ifdifferent front petitioner: Petitioner: EYIt\15brt t B L?eCTC-Q- Property Owner. Address: u Address: Telephone: Telephone: Email: 1 ( W(Gtl o��( I`r yytclt f i Cc)vvl Email: Signature: 12_ Signature: Date: Date: (Attached consent letter is also ncceprob&) If different frain petitioner. Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk Statement of Hardship 114 Margin Street We are proposing to convert the single family dwelling at 114 Margin Street,in the R2 zoning district, into a 2 family dwelling. We are requesting a variance to convert the structure,currently used as a garage,into a dwelling.The zoning ordinance requires a minimum lot area per dwelling of 7500 sf,we have 2176 sf.We are also requesting a special permit to alter the use of the nonconforming structure,currently used as a garage,into a dwelling. Criteria 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. We propose to create additional housing in downtown Salem by converting a 1320 sf nonconforming structure,originally used as a stable,into a 2 bedroom apartment.The lot in question is an historically undersized lot with an unique attached garage that is especially large for the neighborhood.There are approximately 9 garages in the general vicinity and all are significantly smaller than the garage in question. There are 5 2-car garages of approximately 3-400 sf,3 1-car garages of approximately 2-300 sf and 1 3-car garage of approximately 5-600 sf.By approving our request for a variance,the zoning board would not be setting a precedent for other variances because our garage is more than twice the size of any other garage in the neighborhood.Our garage is also connected to our primary dwelling by 4 steel i-beams and a concrete deck that is attached to both buildings.None of the other garages in the neighborhood are connected to the primary dwellings on their lots. b. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant. Literal enforcement would actually be impossible since the total lot size is 5,662 sf and the lot size that is required for a dwelling in the R2 zoning district is 15,000 sf.Therefore,even if both structures were demolished the lot would not be buildable.The great majority of the lots in the neighborhood are also historically nonconforming. 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. The proposed 2 family is in a R2 zoned district.Most surrounding properties in the neighborhood are of lesser square footage and range from 1 family to 3 family dwellings.For example:The 3 family dwelling at 120-124 Margin St which abuts our property is on a 4864 sf lot and the 2 family dwelling around the corner at 67-69 Winthrop St is on a 3250 sf lot. Statement of Grounds 114 Margin Street We believe our proposed change in use from a 1320 sf neglected garage into a 2 bedroom apartment will not be substantially detrimental to the neighborhood but rather will be a marked improvement based on the following criteria. Criteria a. Social,economic,or community needs served The proposed change of use from a oversized garage into a 2 bedroom apartment provides additional energy efficient housing in downtown Salem. b. Traffic flow and safety,including parking and loading The proposed change of use accommodates 3 car parking on the property with ample room for safe access to the parking and without disrupting traffic flow onto Margin Street. c. Adequacy of utilities and other public services The property currently has 2 separate gas and electric meters and separate accounts through National Grid.We propose to put solar panels on both roofs to produce the majority of electricity for the dwellings.We have had a site audit by SunRun Solar Technologies to assess the viability of a solar system and the results were very favorable. d. Impacts on the natural environment,including drainage We do not believe there will be any detrimental impact on natural environment or drainage because the proposed structures will remain on the same footprint. e. Neighborhood character The proposed change of use from a rundown oversized garage into a beautiful energy efficient apartment on the same footprint will be beneficial to the aesthetics of a neighborhood that could use some"tender loving care".By not altering the footprint and not adding to the height of the structure,we believe it stays in harmony with the surrounding buildings in the neighborhood. f. Potential fiscal impact,including on the City tax base and employment The proposed change of use from garage into 2 bedroom apartment will create more taxable revenue for the City of Salem. . � z o 11 A N G z- OWEWNG ;o GARAGE. #A14 � N m o � rn o ' 81.5' jH OF M A R G I N S T R E E T C.A. LTU 178 ti MORTGAGE LOAN PLOT PLAN � v �P wBCO MORTGAGE LOAN PLOT PLANS ► Su LAND SURVEYING AND MAPPING CONSULT CIVIL ENGINEERING SERVICES I, C.A.BUONICK P.O.BOX 14 TEL:800.675-1591 CLINTON,MA. 01510 FAX.978-365.7419 ENVIRONMENTAL CONSULTING SERVICES A REGISTERED LAND SURVEYOR, 00 HEREBY CERTIFY THAT THE ABOVE DATE: FEBRUARY28.2015 RECORDED AT:ESSEX SOUTH COUNTY REGISTRY OF DEEDS MORTGAGE INSPECTION PLAN WAS CLIENT: LOA.BALDIZZONE DONOVAN BOOK: 31131 PAGE: 19 L.C.CERT# PREPARED FOR: CLIENT HER N!A PLAN REFERENCE: CHICAGO TITLE INS.CO. P.O.# 303015 DRAWN PER TOWN/CITY OF ASSESSOR'S MAP# PARCEL# DATED: IN CONNECTION WITH A NEW MORTGAGE AND IS THE LOCATION OF THE ORIGINAL DWELLING SHOWN ADDRESS: 114 MARGIN STREET NOT INTENDED OR REPRESENTED TO BE A LAND OR HEREON EITHER WAS IN COMPUANCE WITH THE LOCAL SALEM MA 01970 PROPERTY LINE SURVEY. NO CORNERS WERE SET, APPLICABLE ZONING BYLAWS IN EFFECT WHEN BORROWER: MARZA,LLC,PAULA PEARCE&EMILY STUART IT CANNOT BE USED FOR ESTABLISHING FENCE, CDNSTRUCTED (WITH RESPECT TO HORIZONTAL INA 100 YR LANDSCAPING. OR' BUILDING LINES NO DIMENSIONAL REGUIREMENIS ONLY). OR IS EXEMPT SUBJECT DWELLING IS IN FLOOD ZONE "AP I FLOOD HAZARD ARIMA RESPOHSIBIUTY IS EXTENDED HEREIN FUR FROM VIOLATION ENFORCEMENT ACTION UNDER AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM FLOOD ENCROACHMENT, OR TITLE MATTERS THAT MAY MASS. G.L TITLE VII, CHAPADA SEC. 7. UNLESS INSURANCE RATE MAP DATED: JULY 16,2014 SUBSEGUENTLY BE DISCGVERED BY AN OTHERWISE NOTED OR SHOWN HEREON. IF ANY COMMUNITY-PANEL# 250102 04190 INSTRUMENT SURVEY.THE LAND SHOWN HEREON IMPROVEMENTS ARE SITUATED WITHIN I': OF AN IS BASED DN CLIENT FURNISHED INFORMATION AND APPARENT PROPERTY UNE AN INSTRUMENT SURVEY I FIELDED DRAFTEDCHECKED ESS258.10 MAY BE SUBJECT TO FURTHER OUT-SALES, IS RECOMMENDED. BY: I CS CS CAB TAeiunc cnecucuTC Ann umuw ne wAv u, � z z = o ll A x 80' N G 2�� m o_ GATU` #114 N v 30[ 1 (rL 1 81.5' M A R G I N S T R E E T �ytl1 OF . 2 C.A. MORTGAGE LOAN PLOT PLAN A 178 m �P MORTGAGE LOAN PLOT PLANS ' �'1vps�tLAND SURVEYING AND MAPPING CONSULT CIVIL ENGINEERING SERVICES P.O.BOX 14 TEL:800.675-1591 ENVIRONMENTAL CONSULTING SERVICES 1, C.A.BUDNICK CLINTON.MA. 01510 FAX.978-365-7419 A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT THE ABOVE DATE: FEBAUARY26,2015 RECORDED AT: ESSEKSOUTH COUNTY REGISTRY OF DEEDS MORTGAGE INSPECTION PLAN WAS CLIENT: LOA.BALOIZZONE DONOVAN BOOK: ,3113.1 PAGE: 91L.C.CERT# PREPARED FOR: CLIENTREF: MIA PLAN REFERENCE: CHICAGO TITLE INS.CO. P.D.# 303015 DRAWN PER TOWN/CITY OF ASSESSOR'S MAP# PARCEL# DATED: IN CONNECTION WITH A NEW MORTGAGE AND IS THE LOCATION DF THE ORIGINAL DWELLING SHOWN ADDRESS: 114 MARGIN STREET NOT INTENDED OR REPRESENTED TO HEALAND OR HEREON EITHER WAS IN COMPLIANCE WITH THE LOCAL SALEM KA01970 PROPERTY LINE SURVEY. NO CORNERS WERE SET, APPUCABLE ZONING BYLAWS IN EFFECT WHEN BORROWER: MARIA,UC,PAULA P,EA RCE&EMIL YSTUART 11 CANNOT BE USED FOR.ESTABLISHING FENCE. CONSTRUCTED (WITH RESPECT TO HORIZONTAL INA 100 YR LANDSCAPING, OR' BUILDING LINES. NO DIMENSIONAL REDUIREMENTS ONLY), OR IS EXEMPT SUBJECT DWELLING IS IN FLOOD ZONE -AE' FLOOD AZA D AREA RESPONSIBILITY IS EXTENDED HERRN FOR FROM VIOLATION ENFORCEMENT ACTION UNDER AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM FLOOD . ENCROACHMENT. IS TITLE MATTERS THAT MAY MASS G.L TOLE VII. CNAP.49A. SEC. 7, UNLESS INSURANCE RATE MAP DATED: JULY 16 2014 ENCROACHMENBE DISCOVERED BY AN OTHERWISE NOTED DR SHOWN HEREON. IF ANY COMMUNITY-PANEL# 250192 0419E SUBSEGLEHILY INSTRUMENT SURVEY.THE LAND SHOWN HEREON IMPROVEMENTS ARE SITUATED WITHIN I': OF AN IS BASED ON CLIENT FURNISHED INFORMATION AND APPARENT PROPERTY UNE AN INSTRUMENT SURVEY FIELDED DRAFTED CHECKED ESS258.10 is EEPnuucunm nu. I— Per� I 4� n s Y � «s • rr e µ h d A.Jr k � + lyC�` ry A Ri 4w •xy �v'$� `Y�y_ mss;: � f it �4• q.o L�pO 1a�0 i t v . v , x lii 1 . . � tri .. k `' •,y. ,: . fr `� ur •a. 1 1 , IW i .J RESTAURANTS and BARS — Total 108 One mile radius from 105 Congress Street 1 PICKERING WHARF - 7 RECEIVED Finz Seafood &Grill AUG 20 2015 Longboards Restaurant& Bar DEPT.OF PLANNING& COMMLOTY DEVELOPMENT Victoria Station Sea Level Oyster Bar Brodie's Seaport Regatta Pub 62 Restaurant&Wine Bar 2 DERBY STREET - 20 Witch's Brew Cafe In a Pig's Eye Captain Dusty's Ice Cream Ye Olde Pepper Company Candy Landing at Salem Ferry Jean Louis Pasta Shop Bunghole Liquors Jaho Coffee&Tea Scratch Kitchen Sandwiches Salem Beer Works Brothers Taverna Cilantro Mexican Dunkin Donuts Custom House Rotisserie • ,r Bambolina Pizza Murphy's Restaurant& Bar Engine House Pizza& Subs A&J King Bakery Orange Leaf Yogurt Howling Wolf Mexican Taqueria 3 WASHINGTON STREET - 21 Tavern In The Square Rockafellas Casual Dining & Bar Dunkin Donuts Starbucks Coffee Passage to India Adriatic Restaurant& Bar New England Soup Factory Ristorante Gioia Kushco Bistro O'Neills's Irish Pub & Restaurant The Ugly Mug Diner Cafe Graziani Bistro 118 French Restaurant Flying Saucer Pizza Company The Naumkeag Ordinary Firenze Trattoria Opus Maverick KitchenKoto Japanese Grill &Sushi Melita Fiore Patisserie Salem Screamery Ice Cream Boston Hot Dog Company Dunkin Donuts i 4 ESSEX STREET - 18 Gulu-Gulu Cafe Life Alive Urban Organic Cafe Jodi Bee Bakes—a Vegetarian Bakery&Cafe N.Y. Delli& Pizza Peabody Essex Museum -The Garden Restaurant Peabody Essex Museum—Atrium Hawthorne Hotel—Tavern Hawthorne Hotel—Sophia's Village Tavern Grill &Oyster Bar Polonus European Deli Turtle Alley Chocolates Pamplemousse Gourmet Home Goods Red Line Caf& Fountain Place Comida Mexican Taqueria Olde Main Street Pub Ziggy&Sons Donuts Amazing Organic Pizza 5 CHURCH STREET - 5 Turner's Seafood Milk& Honey Green Grocer Salem Wine Imports Nick's Firehouse Breakfast& Lunch Thai Place Restaurant 6 FRONT STREET -4 Maria's Sweet Somethings Wicked Good Confections Lobster Shanty Restaurant&Cocktails Front Street Coffee House Red's Sandwich Shop 7 LAFAYETTE STREET - 9 Major MagLeash's Restaurant&Pub Christina"s Pizzera Jade House Szechuan, Mandarin &Cantonese Cuisine Fran& Diane's Kitchen N Y Gyro White Dove Market&Grill Wendy's Paaastelitos Best Variety Pastelitos Salem Grill &Chicken 8 CONGRESS STREET - 3 Celia's Restaurant Spanish Cuisine Deli House Green Tomato Restaurant, Shetland Properties 9 CANAL STREET - 14 The Salem Diner Bertini's Restaurant McDonald's The Wicked Cup Coffee I Dunkin Donuts Bagel World Honey Dew Donuts Dina's Roast Beef& Pizza Mei Lee Express Chinese Food Crosby's Marketplace SubWay Sidelines Sports Bar&Grill Sammy's Roast Beef Domino's Pizza 10 JEFFERSON AVENUE -7 Salem House of Pizza Kwik Shop Market& Deli Vinny's Pizza& Roast Beef Tin Whistle Restaurant& Bar Okea Grill&Sushi Omega Pizza& Roast Beef Dube's Seafood ONE MILE RADIUS From 105 Congress Street r�A f;orlhstioie Mall 3 "�j —fir Map Peabody r ` 'si 'SI aDar°' 'x' n Peabody twx Mumet r - r v+r.^nplo^v aam si 11 Salem �. lk[ 2 S Marblehead a t O. ` T+d Salm Woods t. , .��r:•�. -� °nf.-_ �.......�j�.n..,.1� ✓✓✓~"' A4D d°:e¢^c015 Goop"e 1/m� .....,� Twmr al Uu�R�DDn�rtuD ara Within a One Mile Radius from 105 Congress Street There are 108 Restaurants and Bars 135 LAFAYETTE STREET Aw- F. • s Y b( a ' w� Retail or Restaurant wc� -- i I, R ; • �__^ For lease - Retail or Restaurant space Ilti = Brand new i s :art s Vacant since first built in 2013 s 0.27 miles away = 1 ,425 feet 013 � __.3a 75 CONGRESS STREET Tom- Iy ,.fx dam, Ell _ 1 t ®®®■a 113131313C 13®®®® i Q •"° gar -*nor, I a 4 1 a Bar / Restaurant — For Rent Vacant for many years 0.07 miles away = 370 feet Ifs fj JUN 10 DEPT.OF PLAN^"NG '� COb1hIU1;'TY DE`/ELOP"ME.NT City of Salem Board of Appeals 120 Washington Street Salem, MA 01970 Supplement to Petition of 114 Margin Street for Variance The proposal before the Board is to allow the conversion of the vacant attached structure to a dwelling unit which conforms to the following standards for a variance. A. Special conditions and circumstances that especially affect the land,buildings or structure involved,generally not affecting other lands,buildings and structure in the same district. The existing structure is unique in the district as it contains 1,320 square feet of vacant space that does not have direct access to the main portion of the building which contains a residential unit and has no useful purpose in the R2 district except for dwelling purposes. B. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant. The,portion of the building that is vacant was originally a stable containing 1,320 square feet. It does not have direct-access to the diving space that exists and the only reasonable use of the space is for residential purposes within the R 2 district. The average size for a two car garage is approximately 400 square feet and for a three car garage 600 square feet which is less than 50 % of the existing space. There is no ability to add to the size of the lot to create a conforming lot which would allow the use as a matter of right and therefore literal enforcement would cause the area to remain vacant as commercial uses have not been allowed in the past. 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 purpose of the ordinance. The proposed 2 family is in a R 2 zoned district with surrounding properties containing 1 to 3 family dwellings of equal or less lot area. Submitter By: Emily Stuart 114 Margin Street— Proposed Changes FRONTVIEW Existing$side Remains on Front < ax^ ary �"+ "' dwK +�#. �y y�4��R{�s ea. -t iK .�.i �3- ',�yg �•, . �. s✓* w .�< r y xray��,«i�r ,;,^ �9 � h '��*�*n'* % x n k Operable Patio Doors kordVora3bia Patio Doors operable Patio Doors vMh transom above with transom above with tramsam above SIDE VIEW WITH MOM 1� $tucoo added on Now Door 3 sides Of building (not front) ,a �4 W �ttd t': Y 3ticu_"' Justin Williams Construction Swampscott, PAA ,;1 . 114 Margin Street — Proposed Changes SIDE VIEW WITH STUCCO New Windows t New Windows FLOOR PLAN AVI I.0 Ally tr5l ZL 49 ALA NS ABI 9-bl ABI L P£L 1 � ~ 6 - - —y I d I I � m e g i i "1 a 6 $ i € mai$ a �: R 1 1 1 1 L }_J I b t t 1 �. I I 1 i � n I I a m 1 1 —� i AIbS dlY--M—.91/IIPA .b�E V.EIL.LI.ft{l6'A .9lli P.9. .HL Y.0. bl tr.5i Justin Williams Construction Swampscott, MA RPCtai .. SALEM a 2 2015 CITY OF , MA BOAT OF APPE 151.�car�,_ . P \ ET CITY OF SALEM � ' : ON,FORME ,MASSACHUSETTS 1m; BOARD OF APPEALS n 120 WA SHIIGTON STREET, 3RD FLOOR � SALEM,MASSACHUSETTS 01970 �Mttv�no a _— Thomas St.Pierre,Director of Inspectional Services? 9 Phone:978-619-5641/Fax;978-740-9846 F tv MAYOR ID YDalscolJ Erin Schaeffer,Staff Planner at 1VIAPhone:978-619-5655/Fas 978-740-0404 3 D TO THE BOARD OF APPEALS; 3 4? A N The Undersigned represent that he/she is/are the owners of a certain parcel of land located at. N Address: I I' 1 Mali C �( 15tll—u-r An application is being submitted to the Board of A Zoning District �� describe what you propose to build,the dimensions,the one for tee following rhason(sn This statement must 1 am proposing to construct a 10'x 70'one story addition to my home located arty is in,andt 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 fmy rear yard is 37 feet, the proposed addition would reduce the depth ofthe rear yard to 22 feet) S` t o r CvV1V2Ft 5 �'cti 'tt JJ .Uab Zi, \A 'Lts� c a ' Crl\Ve,i \ t Vii r71Tt�iL�(�,�e i 1 iSCo lN� ltia 1 ,, a tWLA- �z S 7--7J :5 - v2 2 � .. r t� a so tLgf7i1 - OLs �ctt to -o i I'tiC`�Ly-1 Ljt bt. bl ' GutZl fUliZ7 a G�Vti`2�01�1�For this reason I am requesting: (�Variance(s)from provisions of Section 14"' 1 of the Zoning Ordinance,specifically from Vltn�tt�l �r31 a\\Pq 10C cUY1?Q u 1L (i.e. minimum depth of rear yard). What is allowed is ��G'u am proposing is 1-l- 1'7(; (jt?sgft?stories? W), and what I (fi?sq 1i?stories?W). ()A Special Permit under Section j,?,�of the Zoning Ordinance in order to Ll-�X ( )Appeal of the Decision of the Building Inspector(described below): O Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: ��0.1TA1 to Are Lot Dimensions Included? Yes (tirample:Tw-Family omeJ ( )No Why? The Undersigned hereby petitions the Board ofAppeats 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 OFAAppF. SS L The following written statement has been submitted with this application: rnETMOiv�TFORM 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, i 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. V. 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. O For all Comprehensive Permits for construction of low o Ch.all §20-23. r moderate income applicants should refer to M.G.L. Previous applications the Board n Appeals in form. The Building Commissioner canprovide this property have been submitted with this petition representative. rovide documentation ofprevious applications to the petitioner or his ML C rnk t`c If di ferent from petitioner: Petitioner: Ew1 Smart t�zi P�0.2SL Property Owner: Address_ (' �lr.�t TeCi �WatG {� Address: Telephone: Telephone: Email:_ V1(0.Y c�ti( �"�'W10.1 1 , Co VV( Email: Signature:��;lj }-- Signature Date: (Attached con ent leiter rs Date: also acceptable) 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 Statement of Hardship 114 Margin Street We are proposing to convert the single family dwelling at 114 Margin Street,in the R2 zoning district,into a 2 family dwelling.We are requesting a variance to convert the structure,currently used as a garage, into a dwelling.The zoning ordinance requires a minimum lot area per dwelling of 7500 sf,we have 2176 sf. We are also requesting a special permit to alter the use of the nonconforming structure,currently used as a garage,into a dwelling. Criteria 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. We propose to create additional housing in downtown Salem by converting a 1320 sf nonconforming structure,originally used as a stable,into a 2 bedroom apartment.The lot in question is an historically undersized lot with an unique attached garage that is especially large for the neighborhood.There are approximately 9 garages in the general vicinity and all are significantly smaller than the garage in question. There are 5 2-car garages of approximately 3-400 sf,3 l-car garages of approximately 2-300 sf and 1 3-car garage of approximately 5-600 sf. By approving our request for a variance,the zoning board would not be setting a precedent for other variances because our garage is more than twice the size of any other garage in - the neighborhood.Our garage is also connected to our primary dwelling by 4 steel i-beams and a concrete deck that is attached to both buildings.None of the other garages in the neighborhood are connected to the primary dwellings on their lots. b. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant. Literal enforcement would actually be impossible since the total lot size is 5,662 sf and the lot size that is required for a dwelling in the R2 zoning district is 15,000 s£Therefore,even if both structures were demolished the lot would not be buildable.The great majority of the lots in the neighborhood are also historically nonconforming. 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. The proposed 2 family is in a R2 zoned district. Most surrounding properties in the neighborhood are of lesser square footage and range from 1 family to 3 family dwellings.For example:The 3 family dwelling at 120-124 Margin St which abuts our property is on a 4864 sf lot and the 2 family dwelling around the comer at 67-69 Winthrop St is on a 3250 sf lot. Statement of Grounds 114 Margin Street We believe our proposed change in use from a 1320 sf neglected garage into a 2 bedroom apartment will not be substantially detrimental to the neighborhood but rather will be a marked improvement based on the following criteria. Criteria a. Social,economic,or community needs served The proposed change of use from a oversized garage into a 2 bedroom apartment provides additional energy efficient housing in downtown Salem. b. Traffic flow and safety,including parking and loading The proposed change of use accommodates 3 car parking on the property with ample room for safe access to the parking and without disrupting traffic flow onto Margin Street. c. Adequacy of utilities and other public services The property currently has 2 separate gas and electric meters and separate accounts through National Grid.We propose to put solar panels on both roofs to produce the majority of electricity for the dwellings.We have had a site audit by SunRun Solar Technologies to assess the viability of a solar system and the results were very favorable. _ d. Impacts on the natural environment,including drainage We do not believe there will be any detrimental impact on natural environment or drainage because the proposed structures will remain on the same footprint. e. Neighborhood character The proposed change of use from a rundown oversized garage into a beautiful energy efficient apartment on the same footprint will be beneficial to the aesthetics of a neighborhood that could use some"tender loving care".By not altering the footprint and not adding to the height of the structure,we believe it stays in harmony with the surrounding buildings in the neighborhood. I. Potential fiscal impact,including on the City tax base and employment The proposed change of use from garage into 2 bedroom apartment will create more taxable revenue for the City of Salem. Dr m Z = O 11 80' N G OW�.ING � GARAGE � N T� 1 m t o 1 -L f 1 v M 1 81.5' "OF M A R G I N S T R E E T C.A. BU ITB ti MORTGAGE LOAN PLOT PLAN U CABCO aP MORTGAGE LOAN PLOT PLANS LAND SURVEYING AND MAPPING CONSULT CIVIL ENGINEERING SERVICES P.O.BOX 14 TEL:800.675.1591 A REGISTERED I, C.A.TERED K LANG SURVEYOR, 00 CLINTON,MA. 01510 FAX.978.365-7419 ENVIRONMENTAL CONSULTING SERVICES HEREBY CERTIFY THAT THE ABOVE DATE: FEBRUARY28.2015 RECORDED AT:_ESSEKSOUTH COUNTY REGISTRY OF DEEDS MORTGAGE INSPECTION PLAN WAS CLIENT. LOA.BALDIZZONE DONOVAN BOOK: 31131 PAGE: 1,9_ L.C.CERT# PREPARED FOR: CLIENT PER NIA PLAN REFERENCE: CHICAGO TITLE INS.CO. P.D.# 303075 DRAWN PER TOWN/CITY OF ASSESSOR'S MAP# PARCEL# DATED: IN CONNECTION WITH A NEW MORTGAGE AND IS THE LOCATION OF THE ORIGINAL DWELLING SHOWN ADDRESS: 114 MARGIN STREET NOT INTENDED OR REPRESENTED TO BE A LAND OR HEREON EITHER WAS IN COMPLIANCE WITH THE LOCAL _SALEM MA 01970 PROPERTY LINE SURVEY. NO CORNERS WERE SEL APPLICABLE ZONING BYLAWS IN EFFECT WHEN BORROWER: MARZA,LLC,PAULA PEARCE&EMIL YSTUART IT CANNOT BE USED FOR ESTABLISHING FENCE CONSTRUCTED (WITH RESPECT TO HORIZONTAL INA 100 YR LANDSCAPING. OR' BUILDING LINES NO DIMENSIONAL REDUIREMENTS ONLY), OR IS EXEMPT SUBJECT DWELLING IS IN FLOOD ZONE HAZARD AREA RESPONSIBILITY IS EXTENDED HEREIN FOR FROM VIOLATION ENFORCEMENT ACTION UNDER AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM FLOOD ENCROACHMENT, OR TITLE MATTERS THAT MAY MASS, GL TITLE VII, CHAPAGA. SEC. 7, UNLESS INSURANCE RATE MAP DATED:JULY 1620142014 SUBSEQUENTLY BE DISCOVERED BY AN OTHERWISE NOTED OR SHOWN HEREON. IF ANY COMMUNITY-PANEL# 250102 04190 INSTRUMENT SURVEY.THE LAND SHOWN HEREON IMPROVEMENTS ARE SRUATEQ WITHIN I'z OF AN IS BASED ON CLIENT FURNISHED INFORMATION AND APPARENT PROPERTY LINE AN INSTRUMENT SURVEY FIELDED DRAFTED CHECKED ESS258.10 MAY BE SUBJECT TO FURTHER OUT-SALES, IS RECOMMENDED. BY: CS CS CAB TAVIMCC [AccU[MTQ AMn olnum nC WAV ...... z Z o n A x 80' N sa' G scf p- GpRpGE #554 N , 1 81.5' MARGIN STREET ,a OF 2� J C.A. MORTGAGE LOAN PLOT PLAN ® 0 178 y ap MORTGAGE LOAN PLOT PLANS SLIR`I�C CA-8CO_ LAND SURVEYING AND MAPPING CONSULT CIVIL ENGINEERING SERVICES P.O.BOX 14 TEL:800.675.1591 ENVIRONMENTAL CONSULTING SERVICES I, C.A.BUDNICK CLINTON,MA. 01510 FAX.978-365-7419 A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT THE ABOVE DATE: FEBRUARY28.2015 RECORDED AT: ESSEX SOUTH COUNTY REGISTRY OF DEEDS MORTGAGE INSPECTION PLAN WAS CLIENT: LOA.BALDIZZONEDONOVAN BOOK: 31131 PAGE: 19 _ L.C.CERT# PREPARED FOR: CLIENT REF: NIA PLAN REFERENCE: CHICAGO TITLE INS.CO. P.O.# 101015 DRAWN PER TOWN I CITY OF ASSESSOR'S MAP# PARCEL# DATED: IN CONNECTION WITH A NEW MORTGAGE AND IS THE LOCATION OF THE DRIGIHAI DWELLING SHOWN ADDRESS: 114 MARGIN STREa NOTINTENOEOOAAEPRESENTEOIOBEAlANOOR HEREON EITHER WAS 1%COMPLIANCEVATHTHE LOCAL SALEM MAQ7470 — NOOPERTY LINE SURVEY. EN ED TO BE WERE SET. APPLICABLE ZONING BYLAWS IN EFFECT WHEN BORROWER: MARZA,LLC,PAULA PEARCE&EMILY STUART IT CANNOT BE USED FON CORNERS FENCE CONSTRUCTED (WITH RESPECT TO HORIZONTAL INA 100 YR IT CANN T B DR' BUILDING ONES. NO DIMENSIONAL REQUIREMENTS ONLY), OR IS EXEMPT SUBJECT DWELLING IS IN FLOOD ZONE FL00 AZ RD AREA RESPONSIBILITY IS EXTENDED HERRN FOR FROM VIOLATION ENFORCEMENT ACTION UNDER AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM FLOOD ENCROACHMENT. IS NILE MATTERS THAT MAY MASS. G.L TITLE VII, CHAPAGA. SEC. 7, UNLESS INSURANCE RATE MAP DATED: JULY 16 2014 ENCROACHMENT. Y BE DISCOVERED BY AN OTHERWISE NOTED OR SHOWN HEREON. IF ANY COMMUNITY-PANEL# 20102 04196 INSTRUMENT SURVEY.THE LAND SHOWN HEREON IMPRDVEMEHIS ARE SITUATED WRHIN 14 OF AN IS BASED ON CLIENT FURNISHED INFORMATION AND APPARENT PROPERTY UNE,AN INSTRUMENT SURVEY FIELDED DRAFTED CHECKED ESS258.10 - le D;rnuu;mnrn rc rS CAR F _r u LAW' Cs n s v i y q+p. s R t g i � 1 — vf nt P t e JUN 10 20,15 DEPT.OF PIANN'NG F COFAMUNi rY DE1/EL.OP.�'E!gT City of Salem Board of Appeals 120 Washington Street Salem,MA 01970 Supplement to Petition of 114 Margin Street for Variance The proposal before the Board is to allow the conversion of the vacant attached structure to a dwelling unit which conforms to the following standards for a variance. A. Special conditions and circumstances that especially affect the land,buildings or structure involved,generally not affecting other lands,buildings and structure in the same district. The existing structure is unique in the district as it contains 1,320 square feet of vacant space that does not have direct access to the main portion of the building which contains a residential unit and has no useful purpose in the R2 district except for dwelling purposes. B. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant. The portion of the building that is vacant was originally a stable containing 1,320 square feet. It does not have direct-access to the-living space that exists and the only reasonable use of the space is for residential purposes within the R 2 district. The average size for a two car garage is approximately 400 square feet and for a three car garage 600 square feet which is less than 50 % of the existing space. There is no ability to add to the size of the lot to create a conforming lot which would allow the use as a matter of right and therefore literal enforcement would cause the area to remain vacant as commercial uses have not been allowed in the past. 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 purpose of the ordinance. The proposed 2 family is in a R 2 zoned district with surrounding properties containing 1 to 3 family dwellings of equal or less lot area. Submitter By: Emily Stuart Ilk 114 Margin Street — Proposed Changes FRONTVIEVV Existing Brirk Flemainson Front ff SWI,a .a" - r. plum 4 Operable Patio Doors Noraoporable Patio Door Operable Patio Door with ttransm above with transom above w1th trarmom abate SIDE VIEW V rrH$TUOOO Stucco added on New Door 3 drift of bantling (not front) Justin tiNitliams Construction Swampscott, MA 114 Margin Street — Proposed Changes SIDE VIEW WITH STUCCO 3 �pl New Windows New Windows FLOOR PLAN AUL o-.Er ALAL-.5L LL 1-.9 ,9llEb.l •91114bL AUII P.EI y \b n b b Z a � h l I I E L__—tom+_J LIM �; b 1 I I �• .91ro5 .11-.r .91114 o-9 .4h M.EI �L.—tl --+I�IJ}eA AMA. .YII Zill .Ht PSi .9LIL bfr Justin Williams Construction Swampscott, MA E, :a ss JUN 10 2015 DEPT. 0,7 PU NN PIG& COMMUNITY D�NELGPMIENT City of Salem Board of Appeals 120 Washington Street Salem,MA 01970 Supplement to Petition of 114 Margin Street for Variance The proposal before the Board is to allow the conversion of the vacant attached structure to a dwelling unit which conforms to the following standards for a variance. A. Special conditions and circumstances that especially affect the land,buildings or structure involved,generally not affecting other lands,buildings and structure in the same district. The existing structure is unique in the district as it contains 1,320 square feet of vacant space that does not have direct access to the main portion of the building which contains a residential unit and has no useful purpose in the R2 district except for dwelling purposes. B. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant- The portion of the building that is vacant was originally a stable containing 1,320 square feet. It does not have direct-access to the-living space that exists and the only reasonable use of the space is for residential purposes within the R 2 district. The average size for a two car garage is approximately 400 square feet and for a three car garage 600 square feet which is less than 50 %of the existing space. There is no ability to add to the size of the lot to create a conforming lot which would allow the use as a matter of right and therefore literal enforcement would cause the area to remain vacant as commercial uses have not been allowed in the past. 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 purpose of the ordinance. The proposed 2 family is in a R 2 zoned district with surrounding properties containing 1 to 3 family dwellings of equal or less lot area. Submitter By: Emily Stuart 114 Margin Street Proposed Changes FFIONTVIEW Existfing Btirk RarndinsonFront i t r 'Sr. ffia a tr` 4 xkrq tti^ Operable Patio Doors Nonoparable Patio Doors Operable Patio Doore With transom abovo with transom above Wirth transtwn above SIDE VIEW WITH$TUOOO r $tucoo added on Nmv Door 3 sides of bu"alding (not front) "K 1v; Justin Williams Construction Swampscott, PAA 114 Margin Street — Proposed Changes SIDE VIEW WITH STUCCO New Windows New Windows FLOOR PLAN .9l/t 1.0 AI54hl21l b.9 AL115-b1 b 9llE b.l AtllI P.EI .616 h6 s t o b„ 5 N Y w un �w 74 I I y 1 1 1 1 III6 -J b I I I I ry I„ • I I i 9 7 -------- I I I AIroPA .9M1 S-.II .b/I P.St Justin Williams Construction Swampscott, MA -v To: Rebecca Curran, C - rz., Chairperson, Zoning Board of Appeals �� 5 V _ MAY 2 02035 May 19, 2015 COMP' OF PLANNING& UNITY DEVELOPMENT Dear Ms. Curran and members of the Zoning Boards of Appeals, My recently deceased father, Frank Femino, owns a 4-family house at 120-122-124 Margin Street. I am his power of attorney and heir to that property. Our house abuts the garage at 114 Margin Street. Paula Pearce approached me with her plans for the garage, shortly after purchasing it. After assuring me that she was not planning to add a second story to the current garage and that the structure would be improved upon in appearance, I told her that I would write this statement in support of her proposal, if my father approved of this change. He told me he was in support, as well, a week or two before passing away this past Saturday. In recent years,the garage has looked rundown and not very appealing. It has been used mainly for storage with trucks, etc., often parked there. Not too long ago, it was even being used as a stable for a horse. I believe that converting the existing structure into living quarters will be a nice improvement to the area. Ms. Curran, I am also co-chairperson of GESNA (Greater Endicott Street Neighborhood Association). 114 Margin Street is in our jurisdiction. Paula Pearce is a valued member of our Steering Committee. She joined us when she built a lovely house on nearby High Street and owns another property that abuts it. In both of those cases, she helped to uplift a rundown section of our neighborhood. If you grant her the variances she seeks for the garage, and with her track record, I am highly confident that she will be doing the same thing at 114 Margin Street. Therefore, I would like to ask the Board to grant Paula's group the variances they are requesting, both as an abutter and as a leader of the neighborhood association. Respectfully, Robert F. Femino 114 Margin Street: Zoning Approval May 12, 2015 I am in favor of the proposal put forth by the owners, Paula Pearce and Emily Stuart, of 114 Margin Street, Salem MA, to convert the property into a 2 family residence by converting the garage on the property into a 2 bedroom unit. The footprints of the buildings will not change. A� ame, signat a and address name, signature and address name, signature and address name, signature and address _ . ._........----...- name, signature and address