59 MEMORIAL DRIVE - ZBA SGS
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Zonine Board Proiect Status Sheet
Address & Applicant: S q ,,, ,to 6CDt ` 1 y e
DateSubmitted to BOA: Z 7 2,11C.
o /Clerk Stamp:
Variances Only - Constructive Approval Date: (100 days from riling)
2 butters List Requested:
�butters Notice Sent:
otice to Abutting Cities & Towns, Councillors:
/Legal Notice posted at City Hall: (14 days before meeting)
oAegal Notice Emailed & Confirmed:
�f Legal Notice Posted on Web:
Agenda to Applicant:
g
Applicant's email address or fax number to send agenda:
Opened at Meeting:
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: 3
Decision:
Decision Filed: Appeal Period Over: (21° dac
after decision tiled)
Decision Sent to Applicant:
r5vNotice of Decision Sent to abutters, cities and towns,
councillors:
ZBA ACTION FORM
BOAR{D'lUIEI�133) RS� ,"';aN1()TIQN ,SEC,ONDL UO,TE_
Date: 2 b I II� Rebecca Curran (Chair
'W Mike Duffy
Petitioner: Q) y� VACok^ Tom Watkins
Peter Co -'--
Address: �� / 12Nia iG� ��'r� Jimm Tsitsinos
Jim Hacker(Alt.)
Paul Viccica(Alt.)
Conditions: Total: S.-
N1 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.
❑ �7 CO nA' Lo/g
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CITY OF SALEM, MASSACHUSETTS
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120 WASHINGTON STREET♦ SALEM,MASSACHUSETT2M 9WAR 30 P 12' 4b
KiMBERLEYDRiscoLL TELE:978-745-9595 ♦ FAX:978-740-9846
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MAYOR
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CITY :1
March 30, 2016
Decision
City of Salem Board of Appeals
Petition of MELISSA VACON, seeking a Special Permit per Sec. 3.3.3 Nonconforming Structures of
the Salem Zoning Ordinance to alter an existing nonconforming structure at the property of 59
Memorial Drive (Map 42 Lot 13)(111 Zoning District).
A public hearing on the above Petition was opened on March 16, 2016 pursuant to M.G.L Ch. 40A, 4 11. The
hearing was closed on that date with the following Salem Board of Appeals members present: Rebecca
Curran (Chair), Peter A. Copelas,Mike Duffy,Tom Watkins,Jimmy Tsitsinos.
The petitioner is seeking a Special Permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning
Ordinance to alter an existing nonconforming structure.
Statements of fact:
1. In the petition date-stamped February 23, 2016, the Petitioner requested a Special permit per Sec. 3.3.3
Nonconforming Structures of the Salem Zoning Ordinance to alter an existing nonconforming
structure.
2. Attorney Scott Grover presented the petition on behalf of the petitioner.
3. The subject property is located in a R1 Zoning District and is a single family residence.
4. The petitioner proposes to construct a shed roof to expand the second floor and construct a rear
landing and stairs at the first floor level.
5. The existing structure is within 5.7' feet of the side yard setback and does not conform to the side yard
setback requirement of ten (10') feet. The proposed addition will not increase the nonconformity with
respect to this setback,which is proposed to stand at 7' feet from the side yard setback.
6. The height of the,structure and number of stories proposed is within the dimensional requirements of
the Zoning Ordinance for an R1 Zoning District.
7. The requested relief, if granted, would allow the Petitioner to alter an existing nonconforming
structure.
8. At the public hearing one (1) member 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:
r.
'City yof Salem Board of Appeals
March 30,2016
Project: 59 Memorial Drive
Page 2 of 2
Findings for Special Permit
The proposed change is not substantially more detrimental to the neighborhood that the existing
nonconforming structure.
1. The proposed building alteration of the non-conforming structure would not be mote 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.
3. The capacity of the utilities is not affected by the project.
4. There are minimal 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,Mike Duffy,Jimmy Tsitsinos,Tom Watkins) in favor and none (0)
opposed, to grant a Special Permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to
alter 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.
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.
Rebecca Curran, Chair—�
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeat from this decision, if any, shall be made purmant to Section 17 of the Massachusetts General Lams Chapter 40A, and shalt 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 Variance or
Special Permit granted herein shall not take effect until a ropy of the decision beating the certificate of the City Clerk bas been filed with the Essex South
Regishy of Deeds.
i
4
CITY OF SALEM,MASSACHUSETTS BOAR OF
ooh PETITION FORM
CITY OF SALEM,MASSACHUSETTS ��B 2 3 2016
BOARD OF APPEALS " DEPT. OF PLANNING Y.
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120 WASHINGTON STREET,3RD FLOOR COMMUNITY DEVELOPtvEJT
SALEM,MASSACHUSETTS 01970
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Thomas St.Pierre,Director of Inspectional Services
Phone:978-619-5641 / Fax:978-740-9846 ^�
KnaERLEY DRiscou. Erin Schaeffer,Staff Planner n ox=
MAYOR Phone:978-619-5685 /Fax:978-740-0404 -'-�
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TO THE BOARD OF APPEALS: w
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
4:
Address: 59 Memorial Drive Zoning District: R-1
An application is being submitted to the Board of Appeal for the following reason(s): This statement mu
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 ofmy
rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.)
See Statement of Grounds Attached
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e. minimum depth ofrear yard).
What is allowed is (fl?sq Jt?stories? %?), and what I
am proposing is (ft?sq ft?stories? %?).
()I)A Special Permit under Section 3.3.3 of the Zoning Ordinance in order to alter an xis i ng
nonconforming structure
( )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 ho17eLot Dimensions Included?O)Yes ( )No Why?
(Example:Two Family Home)
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
` the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
r
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETTTTON FORM
The following written statement has been submitted with this application:
( ) 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.
(C) 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: Melissa Vacon Property Owner: N/A
Address: 59 Memorial Drive, Salem Address:
Telephone: Telephone:
Email: mvapon@jhancock.com Email:
Signature: 7{: '.G /C! Signature:
(Attached consent letter is also accepmble)
Date: February 23, 201§ Date:
If different from petitioner:
Representative: Scott M_ Grov>r, Fc?
A TRUE -
Address: 27 Congress Street, Salem, MA 01970
/
ATTEST Telephon4* _745-8'Signature:
Date: 3 2016
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk
STATEMENT OF GROUNDS
The petitioners are proposing to expand the second floor of their existing single family residence
to add a master bedroom and two bathrooms and to construct a rear landing and stairs at the first
floor leve-The existing structure does not conform to the-side-yard setback requirement-of ten
(10)feet. The addition will not increase the nonconformity with respect to that setback which
currently stands at 5.7 feet, however,the Zoning Ordinance requires a Special Permit from the
Zoning Board of Appeals in order to alter a nonconforming structure.
The Board may issue a Special Permit under Section 3.3.3 of the Ordinance upon finding that the
proposed change is not substantially more detrimental to the neighborhood than the existing
nonconforming structure. In this instance, there is no increase in the existing nonconforming
setback. Further,the proposed addition is to the back of the structure where the property abuts
the water so it will have little to no effect on the abutters. The addition will allow an existing
homeowner to remain in Salem and will increase the value of the property for tax purposes.
There will be no increase in traffic and no additional public service required. Since changes in
the structure are at the rear of the property,the appearance of the house from the street will
remain the same and consistent with the neighborhood's character. For these reasons,the
changes to this existing nonconforming structure will have no detrimental effect on the
neighborhood.
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ZONING PACKAGE
VACON
RESIDENCE
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SALEM, MA.
DECEMBER 1, 2015
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ZONING DISTRICT — Rt
REQUIRED EXISTING PROPOSED
LOT AREA 15,000 5724 5724
LOT WIDTH 100 60.00 60.00
FRONT 15 20.6' 20.6'
SIDE 10 5.7' 5.7'
REAR 30 43.7' 39'*
LOT COVERAGE 30% 1 16.9x 1 19.6% PLOT PLAN OF LAND
59 MEMORIAL DRIVE
SALEM
PROPERTY OF
I CERTIFY THAT THE BUILDINGS MELISSA VACON
HEREON ARE LOCATED ON SCALE 1" = 20' SEPTEMBER 22, 2015
THE GROUND AS SHOWN.
NORTH SHORE SURVEY CORPORATION
14 BROWN STREET — SALEM, MA
ICA—TE PROFESSIONAL LAND SURVEYOR 978-744-4800 #4216
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ZONING DISTRICT — R7
REQUIRED EXISTING PROPOSED
LOT AREA 15,000 5724 5724
LOT WIDTH 100 60.00 60.00
FRONT 15 20.6' 20.6'
SIDE 10 5.7' 5.7'
REAR 30 43.7' 39't
LOT COVERAGE 30% 1 18.9% 19.62 PLOT PLAN OF LAND
59 MEMORIAL DRIVE
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