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Zoning Board Project Status Sheet
Address & Applicant: 2 M,,,a Ao,-z SA-ree-:t
Date Submitted to BOA: y-'R S
rad Clerk Stamp:
Variances Only - Constructive Approval Date: (100 days from filing)
iAbutters List Requested:
d Abutters Notice Sent:
otice to Abutting Cities & Towns, Councillors:
Legal Notice posted at City Hall: (14 drys before meeting)
Legal Notice Emailed & Confirmed:
Legal Notice Posted on Web:
on,XAgenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: 19 S
Continued Meetings: ti,
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: B vi 5-
Decision:Decision: \
Decision Filed: Appeal Period Over: (21" day
aflerdc 1smn filed)
ecision Sent to Applicant:
d Notice of Decision Sent to abutters, cities and towns,
councillors:
i`
ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE
Date: f Rebecca Curran (Chair)
1 141 I S Mike Duff
Petitioner: 2 Mer 3 Tom Watkins
Peter Copelas
Address: Jimmy Tsitsinos
Jim Hacker(Alt.)
Paul Viccica (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.
❑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.
CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
9 j
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 0197, o
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAx:978-740-9846 c; •++
MAYOR rr+A y
rn
September 2, 2015 am N
r�k
Decision rn
City of Salem Board of Appeals ^'
Petition of ANTONIO BARLETTA JR for a petition seeking Variances per Sec.'44.1.1 T-Pble of
Dimensional Requirements of the Salem Zoning Ordinance for minimum lot size per dwelling unit,
required frontage, side & front yard setbacks to allow the conversion of a single-family home into a
two- family dwelling unit located at 2 MEADOW STREET (Map 33 Lot 92) (R2 Zoning District).
A public hearing on the above Petition was opened on August 19, 2015 pursuant to M.G.L Ch. 40A, § 11 and
closed on this date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-
Chair),Jimmy Tsitsinos,Tom Watkins,Mike Duffy,Paul Viccica (alternate).
The petitioner seeks variances per sec. 4.1.1 Table of Dimensional requirements of the Salem Zoning
Ordinance for minimum lot size per dwelling unit,required frontage, side & front yard setbacks.
Statements of fact:
1. In the petition date-stamped July 28, 2015 the Petitioner requested Variances per Sec. 4.1.1 Table of
Dimensional Requirements of the Salem Zoning Ordinance for minimum lot size, required frontage,
side & front yard setbacks to allow the conversion of a single-family home into a two-,family dwelling
unit.
2. The property is located in an R2 Zoning District and is a dimensionally non-confortning structure.
3. The lot is 7,875 square feet and does not meet the required 7,500 square foot lot area requirement per
dwelling unit. The existing frontage is 75 feet and does not meet the required 100 feet of frontage.
The side yard setback is two (2) feet and does not meet the required 10 foot minimum and the front
yard setback is at the zero (0) lot line and does not meet the required 15 foot setback requirements.
4. The requested relief, if granted, would allow the Petitioner to convert an existing dimensionally non-
conforming single-family home into a two-family dwelling unit.
5. At the public hearings no (0) members spoke in favor or in opposition to the proposal.
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 Variances:
1) Given the size and shape of the dimensionally nonconforming structure the variances requested are
warranted and a two-family home is an allowable use by-right in an R-2 Zoning District.
2) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant.
y City of Salem Board of Appeals
September 2,2015
Project:2 Meadow Street
Page 2 of 2
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.
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, Tom Watkins, Mike Duffy, James Hacker (alternate) and
none (0) opposed, to grant variances per Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning
Ordinance for relief from rear and side-yard setbacks, minimum lot area per dwelling unit to construct a rear
addition subject to the following eight (8) standard 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. A Certificate of Occupancy shall be obtained.
6. A Certificate of Inspection shall be obtained.
7. 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.
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 decision, if any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days off:&'ng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 1>, the Valiance or
Special Permit granted herein shall not take erect 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 BOARD OF APPEALS
PETITION FORM
CITY OF SALEM,MASSACHUSETTS
s„I BOARD OF APPEALS
s r 120 WASHINGTON STREET,3RD FLOOR 7015 JUL 28 A 11: 38
SALEM,MASSACHUSETTS 01970
Thomas St.Piece,Director of Inspectional Service c„FILE #
PITY GLIM SALEM. MASS.
Phone:978-619-5641 /Fax:978-740-9846
KIMBERLEYDrusCOLL Dana Menon,Staff Plannern-
MAYOR Phone:978-619-5685 /Fax:978-740-0404 R E C I;
TO THE BOARD OF APPEALS: JUL 28 20!5
The Undersigned represent that he/she islare the owners of a certain parcel of land located at:DEP7-OF PL;,,I '
2 Meadow Street t7flM1�1Umpf-,
Address: Zoning District: Residential 2 Family(R2)
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements(Example:
I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.)
I am proposing to convert my existing single family dwelling located at 2 Meadow Street, in the R2
zoning district. The current Zoning Ordinance requires a lot size 7,500 sq/ft per dwelling unit with
100 feet of frontage. Under this ordinance the property would be required to have a minimum lot size of 15,000 sq/ft.
The subject property is nonconforming with an existing lot size is 7,875 sq/ft.and 75 feet of frontage
For this reason I am requesting:
(30 Variance(s)from provisions of Section 4.1.1 of the Zoning Ordinance,specifically from
minimum lot size, required frontage,side& front yard setbacks(i.e. minimum depth ofrear yard).
What is allowed is 15,000 sq/ft- 100 ft-10 ft- 15 ft
7,875 s (h?sq ft?stories? %?), and what I
am proposing is q/ft-75 ft-2ft-Oft a
(ft. sq ft. stories.?/?).
( )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: single family home Are Lot Dimensions Included?(70 Yes O No Why?
(Example:Tim 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:
00 For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or
substantially derogating from the intent of the district or the purpose of the ordinance.
( ) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character;and
0 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 documentation ofprevious applications to the petitioner or his
representative.
/f different from petitioner.
Petitioner: Antonio Barletta Jr erty Owner:
Address: 44 Walnut Road, Swampscott,MA Address:
Telephone:'• (781)223-0845
Telephone:
Email: tony(@,)tonyb#rIettRjr.com
Email:
Signature: Signature:
(Attached consent teller is also acceptable)
Date: 61- ate:
/f different from petitioner.
Representative: Amy Wallick-AMY@JBARRETTREALTY.COM
A TRUE Address: 44 Walnut Road, Swampscott,MA 01907
ATTEST Telephone: (•I97,8)767-0889
Signature: VJtA IA ��Q _
Date:
i
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
City of Salem
Board of Appeals
120 Washington Street
3rd Floor
Salem, MA 01970
Variance Request
Property Location: 2 Meadow Street
Statement of Hardship
My single family home located at 2 Meadow Street in Salem is currently located in
the R2 Zoning District. When 1 purchased the home in 2006 it had a 1 bedroom, 1
bathroom,walk-out auxiliary unit in the lowest level of the home. The unit has the
required means of egress and as such I am requesting a variance to convert the property to
a legal 2 family.The R2 Zoning allows for 2-family use by right and the driveway has 4 off-
street parking spots which complies with the zoning regulation of 1.5 parking spots per
dwelling unit.
The property sits on a 7,875 sq/ft lot.While this is the largest lot on Meadow Street,
it does not meet the zoning requirement of a 15,000 sq/ft minimum lot size (7500 per
dwelling unit).
I purchased the home in 2006 at the peak of the housing market. As such, I cannot
sell the property due to the high mortgage balance and the rental income I would receive as
a 2 family as opposed to a single family would cover at least my mortgage and the water and
sewer. As of now I am currently renting the property and subsidizing the monthly loss.
If granted, I do not feel as though this variance will adversely affect the
neighborhood. Meadow Street consists of a mixture of single family and multi family homes
as well as 1 commercial building (a garage). As such,adding an additional unit to this
property would be consistent with the current character of the neighborhood.The
characteristics of the neighborhood can be broken down as follows.
Single Family Dwelling: 6
2 Family Dwelling: 6
3 Family Dwellings: 3
Commercial: 1
Lastly I would like to take a moment to address the need for additional housing units in the
City of Salem. Given the close proximity of 2 Meadow Street to Salem State University and
the University's plan for continued growth there will be a growing need for additional
housing for both undergraduate and graduate students. Coupled with the growing
popularity of Salem in its entirety and increased demand for rental units, I think that overall
the city will benefit from adding this additional unit.
Thank you in advance for your time and consideration.
Sincerely,
Antonio Barletta Jr.
Parcel Map
4'33 0096 y
33 0098 + $
33_0100 33_00
m
33_00915" W
7Z-
I 33 0.094
33_0092
33_0091
45 ft
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N 75
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MEADOW ST
feet
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33_0075
Property Information Q Buildings
Property ID 33_0092_0 — Easement
Location 2 MEADOW STREET n Water Bodies
MAP FOR REFERENCE ONLY O ocean Streams
NOT A LEGAL DOCUMENT 0 Town Boundary
❑ Surrounding Towns
Because of different update schedules,current propeny
assessments may not reflect recent changes to property
boundaries.Check Winn the Board of Assessors to confirm
boundaries used at time of assessment a
QUITCLAIM DEED �III���II�I�IIIIIII�I�I�I�
2008080200249 Bk,2N42
es/azr200812,Wae CM Pe',,,
UWe Paul T.Mini and Suzanne D.Mitri,as husband and wife,Tenants by the entirety,for
consideration paid and M consideration of Three-Hundred Fifty-Six Thousand Dollars
($356,000.00)giant to Antonio Barletta,Jr.all of out right,title and interest with QUITCLAIM
COVENANTS,the land situated and at and known as 2 meadow Street in Salem,Massachusetts,
together w"b the buildings thereon,being the whole lot 158 and half of lot 157 on a plan of a portion %4-
of the Derby Estate recorded with the Essex South Registry of Deeds in Book 755,Leaf 300 and 6
Bounded O
SOUTHERLY: By Meadow Street(75)feet;
WESTERLY: by land now or late of Tebbetts,(105)feet;
NORTHERLY: by Lots 161 and 162,on said pla,(75)Feet;and -
EASTERLY: by Lot 159,on said plan,(195)Feet.
w
In the event of any discrepancies between the foregoing deSmilption and said 9plan,the plan shall
control for all purposes.
Being the same premises conveyed to herein named grantor(a) by deed recorded with the Essex
South District Registry of Deeds in Book 22923 Page 372 on June 10 of 2004. 1-
t+J
Witness our hands and seals this da of t�
y J vH -,2006
Paul T.Mitri
SuzanneSuzanne .Mitri l•J.�
Commonwealth of Massachusetts rJ
as; 2006
On this�_day of�2006,before me,the undersigned notary public,
Personally appeared ,proved to me through satisfactory
evidence of identification,which were to be the person whose
name is signed on the preceding or attached document, 4�.ged ttme thet hesshe
signed it voluntarily for its stated purpose. cion Expires:
PROPERTY ADDRESS: 2 Meadow Street Salem,Essex County,Massachusetts
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