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Zoning Board Project Status Sheet
Address & Applicant:
Date Submitted to BOA: 4e,(,/PL-j2,
&d Clerk Stamp:
Variances Only - Constructive Approval Date: (160 days Froin filing)_
d Abutters List Requested:
cD/ Abutters Notice Sent:
id Notice to Abutting Cities & Towns, Councillors:
d Legal Notice posted at City Hall: (14 days before meeting)
` i�/ Legal Notice Emailed_& Confirmed:
z( Legal Notice Posted on Web:
rl 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: (2Aal, z7
t
Decision:
Decision Filed: ) Appeal Period Over:
after decision tiled)
p Decision Sent to Applicant:
Notice of Decision Sent to abutters, cities and towns,
councillors: I
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CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
120 WA,S}{tNG'CO1J STREET# $.4I.Eh1,MASSACHL'SETfS 0I91014
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KIMBERU'YD1usC0u. Ttiix:978-745-9595♦FAx:979-740-9846 - !�Q P a S�
MAYOR
September 10th, 2014 ("TY CLE)?FILE
M 45S
Decision
City of Salem Board of Appeals
Petition of 4 MILK STREET TRUST seeking a Variance from the minimum lot area requirement of
Section of Sec.4.1.1 Table ofDiamnsionalRequiremerrts of the Salem Zoning Ordinance,to allow a
reduction in size of the existing nonconforming lot by approximately 379 square feet. The Petitioner
Proposes to realign the rear lot line in order to square it off with an abutting property. The proposal
is for the property located at 4 MILK ST (R2 Zoning District).
A public hearing on the above Petition was opened on August 27, 2014 pursuant to M.G.L Ch. 40A, § 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Ms.
Curran (Chair),Mr. Duffy, Mr. Watkins,Mr. Copelas.(Alternate), and Mr. Tsitsmos (Alternate).
The Petitioner seeks a Variance from Section 4.1.1 "Table of Dimensional Requirrments of the Salem Zoning
Ordinance.
Statements of facts
1. In the petition date-stamped June 30,2014; the Petitioner requested a Variance to allow a reduction in
size of the existing nonconforming lot by approximately 379 square feet in order to realign the rear lot
line and square it off with an abutting property, making the two lots saleable..
2. Attorney Correnti presented the petition and distributed a site plan to the Board to demonstrate the
proposal to transfer an approximately 379 square foot triangular shaped piece.of land from.4 Milk
Street to 14 Pickman Street. 4 Milk Street is an existing nonconform ng,lot - it is currently 4,575
square feet, and the required minimum lot size in the R2 Zoning District is 15,000 square feet. The
proposed transfer of land would further reduce the lot size by approximately 379 square feet to a total
of 4,196 square feet
3. 14 Pickman Street is also an existing nonconforming lot, being only 7,832 square feet in size, where
the Zoning Code requires a minimum lot area of 15,000 square feet.
4. The requested relief, if granted, would allow the Petitioner to reduce the size of the existing
nonconforming lot at 4 Milk Street,
5. The petitioner submitted three letters of support from members of the public with the petition.
6. At the public hearing, two members of the public spoke in support of the petition, No members of
the public 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 Or&iance:
City of Salem Board of Appeals
September 10,2014
Project:4 Milk Street
Page 2 of 2
Findings
1. The lot is a unique shape, and literal enforcement of the provisions of the Ordinance would be a
substantial hardship to the applicant.
2. The desired relief may be granted without substantial detriment to the public good.
3. The desired relief maybe granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings,the Salem Board of Appeals voted five (5)in favor
(NIT. Watkins, Ms. Curran, Mr. Copelas, Mr. Tsitsinos; and Mr. Duffy) and none (0) opposed; to grant the
requested Variance to allow a reduction in the size of the existing nonconforming lot by approximately 374
square feet,subject to the following terms,conditions, and safeguards:
1. 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 dearim if airy, shall be made pursuant to Section 17 of the Masswhweas Genera/Lairs Chapter 40A,and shall be filed n Thin 20
days of fihng of this deadion in the ffiee of the OD} Clerk Ptmuant-so the Massachurex General Latus Chapter 40A, Sutton 11, the [Iariaeue or
Special Petmitgranied herein shall not takeeffect:until a ropy of the deasion beatingthe weiftewe of the G"ty.C/nk bas been filed with the Essex South
Registry of Deens.
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CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
cormr PETITION FORM
CITY OF SALEM,N[ASSACHUSETTS
a, BOARD OF APPEALS
120 WASHINGTON STREET,3RD FLOOR
SALEM,MASSACFIUSETTS 01970
Thomas St.Pierre,Director of Inspectional Services
Phone:978-619-5641 / Fax:978-740-9846
KIMBERLEY DRISCOLL Dana Menon,Staff Planner
MAYOR Phone:978-619-5685 / Fax: 978-740-0404
TO THE BOARD OF APPEALS:
The Undersigned re resent tha he/she is/are the owners of a certain parcel of land located at:
Address: �l /
Nk 5 „`r1 Zoning District:
An application is being submitted to the Board of Appeal for the following ieason(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 l0'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.)
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For this reason I am requesting: �,,
14 riance s)from provisions of Section�of the Zoning Ordinance,specifically from\N' k\,,,
b Sail ` (i.e. minimum depth ofrear yard).
What is allowedis �� l (fl?sq ft?stories? %?), and what I
am proposing is �. (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: &AL 9 5; Are Lot Dimensions Included?(files O No Why?
(E.rample: ni o 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 ollowing written statement has been submitted with this application:
(7For 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
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.
Ifdifferent from petitioner.
Petitionet 3URSerty Owner:
Address: Address:
Telephone: Telephone:
. Telephone:
Email: 1 ♦ .(J(k^ ,Email:
Signatur : Signature:
(Attached consent letter is also acceptable)
Date: 'ate:
Ifdifferent 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
To the Board of Appeals:
Date: 6/30/2014
Please find below my hardship letter for the property named below with regards to the relocation of a
property line.
The undersigned represents that he/she/is/are the owners of a certain parcel of land
located at:4 Milk St.,Salem Ma.Zoning District R-2.
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (state specific
reasons): Petitioner is seeking a variance from the board for the size of lot Bin order to create anew
lot known as lot D in an R-2 District. Petitioner is seeking to move the property line between the 2 lots in
order to square of the lots and make them saleable.The current property lot lines run right into the
corner of a section of the main house and is hindering the sale of the property. For this reason,we the
owners of both properties, request a variance allowing us to move the current lot lines.
Date�&�&�L
To the Board of Appeals:
Date:6/30/2014
Please find below my hardship letter for the property named below with regards to the relocation of a
property line.
The undersigned represents that he/she/is/are the owners of a certain parcel of land
located at:4 Milk St., Salem Ma.Zoning District R-2.
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (state specific
reasons): Petitioner is seeking a variance from the board for the size of lot Bin order to create anew
lot known as lot D in an R-2 District. Petitioner is seeking to move the property line between the 2 lots in
order to square of the lots and make them saleable.The current property lot lines run right into the
corner of a section of the main house and is hindering the sale of the property. For this reason,we the
owners of both properties, request a variance allowing us to move the current lot lines.
i
Date date rO/Xj/�
1014 JUN 30 P 12: 38 CrrY of SALEM, MASSACHUSETTS BOARD OF APPEALS
H LE # NOTICE TO APPLICANTS
CITY CLERK, Sit!.E7'4 "1 ;
Dear Petitioner: JuP1 3 O 'L , r
The Board of Appeals meets monthly R� 4irdwed' sM of the month. Applications for a
Variance, Special Permit, Appeals of txTie ecision o1� c u''i�Yding Commissioner, or other relief
may be submitted up to three weeks prior to the monthly meeting. Petitions will be accepted each
month on a first-come, first served basis and once the monthly meeting agenda is full, petitions
will carried over to the following month's meeting. Applications must contain EACH of the
following elements at the time of submittal:
( ) 1. PETITION FORM.
Every application for action by the Board shall be made on the Board's Petition Form. The
Petition Form must be filled out completely and all information requested on the form must
be supplied by the applicant. If you need assistance contact the one of the City staff listed
below. For Variances, a Statement of Hardship must be attached; for Special Permits a
Statement of Grounds must be attached-Nine (9) collated copies of the Petition Form and all
application materials must be submitted,plus the original application form
Before submitting your final application, please have all the original application form, plus
all nine copies of the application form stamped by the City Clerk(located on the first floor of
City Hall, 93 Washington Street). The Clerk's Office will take the original application;
please bring the remaining 9 stamped copies, along with the 9 sets of supplementary
application materials, as specified below, to the Department of Planning and Community
Development(City Hall Annex, 120 Washington Street).
( )2. PLANS
All applications relative to construction or exterior alteration must include nine (9) copies of
the exterior design plans, drawn to scale, with the scale indicated. Exterior elevations must
indicate dimensions and include all sides affected by the proposal. Exposed foundations
should also be depicted on elevations.
A Certified Plot Plan is required for all new construction and any construction to existing
structures where the proposed work would affect the structure's footprint. Mortgage Plans
may be submitted in the place of Certified Plot Plans for existing one and two family
structures when the exterior alterations are not two feet or less from the property line.
A Certified Plot Plan must be stamped and dated by a registered engineer or land surveyor.
The following items must be on the Certified Plot Plan:
a) If petitioner seeks dimensional variances, plans must include a chart showing how the
proposal falls short of the Ordinance's requirements.
b) Plans must show all existing features of the property relevant to the proposed project,
including without limitation, any easements, water, sewer and gas lines, underground
electrical lines, paper streets, conservation areas, wetlands or waterways, hazardous waste
disposal sites or historical sites.
Submit application materials to: Dana Menon, Staff Planner(978-619-5685). Questions about the preparation of
your application should be directed to Dana Menon or Thomas St. Pierre, Building Commissioner(978-619-5641),
3N Floor, 120 Washington Street, City hall Annex, Salem, MA 01970.
Zoning Board of Appeals
120 Washington Street
Salem, MA 01970
August 27, 2014
Re:4 Milk Street Trust Petition
Dear Board Members,
As a homeowner on Milk Street, please be advised that I support the proposed petition by 4 Milk Street
Trust seeking a variance to reduce the lot by 379sq ft. in order to realign and rear lot line,and square off
with abutting property.
Thank you,
Martha Jarnis
8 Milk Street
Salem, MA 01970
Daniel H. Pierce
22 Andrew Street
Salem, MA 01970
27 August 2014
City of Salem
Zoning Board of Appeals
120 Washington Street
Salem, MA 01970
Attention: Rebecca Curran, Chair
Board of Appeals
Reference: Petition of 4 MILK STREET TRUST
Dear Ms. Curran and Members of the Board of Appeals:
I am pleased to submit this letter of support for the petition of 4 MILK STREET TRUST who
is requesting a Variance from the minimum lot area requirements as described in Section
4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance.
The request of the petitioner to reduce the lot area by approximately 379 square feet will
not have any adverse affects on the abutting properties or the neighborhood at large.
Sincerely,
Da el H. Pierlcp
August 25, 2014
Ms. Elinor Ryan
18 Pickman St.
Salem, MA 01970
City of Salem
Board of Appeals
120 Washington St.
Salem, MA 01970
Re:4 Milk St.Variance Request Hearing Wed.August 27th
Dear Sirs,
As a lifelong resident of this neighborhood, I care deeply about preserving its character. The corner of
my property is about 25 feet from the corner of the 4 Milk St. property. The one thing I do not want is
for a new home to be built there. To that end, I support the proposed change,which will be invisible to
most people and makes sense for the eventual new purchasers of 14 Pickman St.
Sincerely,
Elinor Ryan
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—379 S.F.t Lot 576
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Parcel D
Garage - N E `S' 379 S.F.t
APPROVAL UNDER SUBDIVISION CONRTOL LAW 1 i , I I !� s sus �a
NOT REQUIRED
SALEM PLANNING BOARD ! 7^
Parcel C
A� 7,832SF±
+379 S.F.f (Parcel D)
8,211 S.F.t
Assessor's Map 35 r
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Lot 564 Assessor's Map 35
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� Lot 571
DATE: `o I etaa?�c
Assessor's Map 109
ZONING DISTRICT Lot 570
RESIDENCE R-2 PL 0 T PLAN OF LAND
ITEM REQUIRED LOT B Parcels C & D SALEM, MA .
LOT AREA 15,000 SF **4,196 SF **8,211 SF SURVEYED FOR:
LOT FRONTAGE 100 FT *94.04 FT *50 FT 4 MILK STREET TRUST
FRONT YARD 15 FT *14.2 FT *3.15 FT NOTES:
SIDE YARD 10 FT * 1.2 FT *1.0 FT 4 MILK STREET
REAR YARD 30 FT 40.5 FT 59.3 FT 1 . Lot B — Assessor's Map 35, Lot 577
LOT COVERAGE 35% 13.9% 28.1% Deed Reference: Book 15746, Page 550 SCALE:1"=20' DATE: JUNE 25, 2014
Plan Reference: Plan 495 of 1969 Revised: JULY 20, 2014
* EXISTING 2. Lot C Assessor's Map 35, Lot 563 DAVID P. TERENZONI, P.L.S.
** VARIANCE REQUIRED Deed Reference: Book 15658, Page 126 4 ALLEN ROAD, PEABODY, MA. 01960
3. Parcel D is to be joined with Parcel C and become
one contiguous lot
20 0 10 20 40
514-013