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19 NICHOLS STREET - ZBA 1 � N;���s sk . _ _ ,. , \ 1 Zoning Board Proiect Status Sheet , Address & Applicant: 19 Date Submitted to BOA: 2W 'r`� Er'�Clerk Stamp: Variances Only -'Constructive Approval Date: (too days fro,n filing) .butters List Requested: butters Notice Sent: �lotice to Abutting Cities & Towns, Councillors: Legal Notice posted at City Hall: r14 days before meeting, d Legal Notice Emailed & Confirmed: I�"' egal Notice Posted on Web: i Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: Z Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: z 7 Decision: Decision Filed: Appeal Period Over: 1 Q (21" day after decision filed) M deDecision Sent to Applicant: til d/Notice of Decisio Sent to abutters, cities and towns, councillors: CU-NDIP?,', CITY OF SALEM MASSACHUSET"T"S BOARD OF APPEAL "------ 120 WASHINGTON STRF,FT 0 SALE1f„%'1ASSACFIUS13-Tgb199r 'O P 12' Sp KI,M111-.R1 ry Dw5COLL ALE:978-745-9595 ♦ FAX:978-740-9846 FILE #. MAYOR CITY CLERK, SALEM,HAce, September 10`x, 2014 Decision City of Salem Board of Appeals Petition of ERIC EASLEY,requesting a variance to allow the addition of two 14-foot dormers onto the third floor of the existing building,which exceeds the maximum allowed building height of 2.5 stories, as set forth in Section 4.1.1 Table ofDimensional Requirements of the Salem Zoning Ordinance. The property is located at 19 NICHOLS ST (Rl 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. Tsitsinos (Alternate). The Petitioner seeks Variances from the provisions of Section 4.1.1 Table of Dimensional I3equnrments of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped July 24's, 2014, the Petitioner requested a Variance from the provisions of Section 4.1.1 Table of Dimensional Regxremenis of the Salem Zoning Ordinance to allow the addition of two 14-foot dormers onto the third floor of the existing building, which exceeds the,maximum allowed,building height of 2.5 stories 2. Mr.Easley,petitioner,presented the petition for the property at 19 Nichols Street. 3. The existing building was previously illegally in use as a four-unit residence. It is a legalpre-existing nonconforming three-family residence. 4. The property owner proposes to improve conditions in the third floor unit to bring the structure up to building,code. 5. The requested relief, if granted, would allow the Petitioner to construct an addition of two 14-foot long dormers onto the third floor of the existing building to bring the third-floor unit up to building code standards. 6. At the public hearing, one member of the public expressed their opposition to thepetition and submitted a letter and photographs to the Board. Concerns included inadequate parking, noise, and the intended use. The resident was also concerned that the dormers had already been partially constructed before going before the Board. Another member of the public asked about die adequacy of the on-site parking. No members of die public spoke in favor of the petition. T Mr. St. Pierre clarified that the construction prior to Board approval was a misunderstanding. Construction was stopped and Mr. Easley applied to the Board. 8. Mr. Easley stated that an existing shed had been removed from the driveway to allow space for 6 cars. Mr. St. Pierre reminded the Board that rhe petitioner was not proposing changes to parking,therefore no relief was needed. City of Salem Board of Appeals September I O,2014 Project. 19 Nichols Street Page 2 of 2 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 I. Literal enforcement of the provisions of the Ordinance requiring a maximum allowed building height of 2.5 stories would be a substantial and unique hardship as the existing third floor legal unit does not meet current building code requirements. 2. The proposed two 14-foot long dormers would not be a substantial detriment to the public good, particularly as the petitioner has created more space for on-site parking. 3. The desired relief may be 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 (Mr. Watkins, Ms. Curran, Mr. Tsitsinos, Mr. Copelas and Mr. Duffy) and none (0) opposed to grant the requested Variance to allow, the addition of two 14-foot dormers onto the third floor of the existing building, 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 fie safety shall be strictly adhered. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. G. A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to 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 TI IIS DECISION HAS BEEN FILED WITH THE PUNNING BOARD AND THE CITY CLERK Appeal from this derision, if ark,, shall be made pursuant to Section 17 of the Mosrachusetts General Laws Chapter 40A,.and shall befiled uithin 20 days of fling of this deasion in the ofice of the City Clerk. Pursuant to the Alassachuseas General laws Chapter 40A, .Section 11, the Vaname or .Speaal Peront granted herein shall not take eeci until a ropy of the decision hearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. I r �* CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS ,_. PETITION FORM CITY OF SALEM,MASSACHUSETTS !` BOARD OF APPEALS 1'`2014 JUL 24 P W56 120 WASHINGTON STREET,3RD FLOOR f F' SALEM,MASSACHUSETTS 01970 - �'11t{B ✓`� Thomas St.Pierre,Director of Inspectional Services CITY CLERK�SA�LEM, MASE. Phone:978-619-5641 /Fax:978-740-9846 KiMBERLEY DRISCOLL Dana Menon,Staff Planner �i� `' ,� t MAYOR Phone:978-619-5685/Fax:978-740-0404 ;'_.-. r•-""i V Fl TO THE BOARD OF APPEALS: J i f l 24 201A The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: /// DEPT OF & '!FvP;�!ftIG Address: / ,U`G ho/S �1^ Zoning District: COMMUPJiTY DEVc1OPPJlENI" 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 he 30 feet. The current depth of my rear yard is 32 feet;the proposed addition wreduce the depth of the rear yard to 22 feet.) s� fad, e-. X 1 -� *.., j_41, ,zQ ��10 �Dgig' � 7�D /Y( o� a s 9�P 'At? '� /An .10- -f4 Q N4 w 1.J, 07' 7'5_C For this reason 1 am requesting: (/ / I/ ' Variance(s)from provisions of Section 7 i� of the Zoning Ordinance,specifically from V / G.7 p Q/' jo 1C 5f6//e 5 (i.e. minimum depth ofrear yard). What is allowed is (f?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: Are Lot Dimensions Included?( )Yes O 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. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: O For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. ( ) 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: /n� MRSerty Owner: Address: PO G'JX Y6'�YZ Address: SA L 1920 Telephone:T� _n /!.iE�1 Telephone: Email: ec0.2 @ G v,'+CA:S'4 le4- Email: Signature: Signature: Date: ate: (Attached consent letter is also acceptable) _ rJ/3�/`I� ' 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 Appendix A Meeting for: August 27th, 2014 Subject: 19 Nichols St. Salem Ma. 01970 / Eric Easley To: The Board of Appeals. Thank you and I appreciate the opportunity to discuss our request. This application is being submitted to request a variance to add 2 dormers to 19 Nichols Street. This is being done in conjunction with an agreement made with the building inspector a year ago to support a purchase of this building by us. We agreed to remove one unit (due to the former owner had added an illegal 4t unit) and make it a legal 3 family once again. In regards to the hardship, we need to be able to recoup the money invested. To do the r modifications requested by the city, more specifically removing walls and making changes to the house to remove the 4th illegal unit. We really need these dormers to create a nice open third floor unit, which will meet the new requirements of building code including air flow and light/ windows in the unit. So I am proposing to construct 2 fourteen foot dormers into the existing roof. All foot prints of building and roof exterior dimensions will remain the same. We feel that granting this petition will not cause detriment to the public good or nullify the intent or purpose of the ordinance. The visual of the added dormers will have minimal effect on neighbors and the surrounding buildings. This is do to the way the house sits on the lot, and the way the house sits on a steep hill. In fact, to even see the dormers from outside, you have to be 50 yards down hill of the house and look back up at about 135 degrees to see them. In closing I'd like to mention two things: 1. We brought this former abandon property to the attention of the city officials (both building and heath depts...) more then a year ago. We worked with Tom St. Pierre, David Greenbaum, the former owner, the Salem fire dept. and the very difficult the foreclosing bank. To put forth a plan to save the building which was already condemned by the Health Dept. To save the city, the neighbors from inevitable boarded up dangerous illegal 4 family years of torment. 2. This is the third house we have completely remodeled in this neighborhood alone. Every neighbor around the other two houses that have been completed has been extremely appreciative with the results of our finished work. We thank you for your time and consideration of this proposal. We hope you will grant our request. Sincerely Eric Easley Owner 19 Nichols St. NOTES: I. DNS PIAN WAS PRERARED UAW PROCEDURAL AND O ONCAL STANDARDS FOR MORlGOE LOU W FECTIOS AFD USE FOR ANY OBR R1WW IS PROHIBITED. Z S RAN WAS PREPARED FROI A TAPE SWWY AAD IRE LOCABOI OF STRUCTS RES SNONN IS APPROMYAIE DULY. A MEOUNIGL PRWERIY 9WWY NOAD BE WCEWY FW A PRECISE DERRWIATICN W DIEWOW LOG BOY AND ENLROAOPYFNIS IF ANY. AD=PROPERTY LOU NO OFARAATEES ARE MADE AS TO PRE OR DM"LOES AND NONW NEREW 91QAD RE USED TO DE79aff PROERTY INES WOICATO OF BWDMD LOCAM RRC-$F ROERIY WE ONIDISM OR LOT CORIORATI M CAN CRY BE ACCOEUW BY AN ACOLVAIE NS UNENT m"*KH MAY RETLECE `S - 50' pRMF WFY.NYAWN FROM BUT SIONN NFREOM. OBE RMDRL, ESSEX COUNTY REGISTRY OF LVIDS OFCIC OECk' OED M 2260E PAC'JB PIAN:511111 ASSESSORS MAP 15 .cl �HFU BASED OE MY gI0KM BEW A®WOMMUft I NCWBY ORfiY OUT BE SIRUCAWS ARE APPR OIMTELY LOCATED W THE OFOLAO AS SNOW ON DNS RAN. BEY LIBER COW030 M THE SE7BAIX REOLVE100 OF BIE LOCA.26WD ORDIWOES N EFFECT AT BE MME OF C06MMUOI OR ARE EISWT FIM MOAWN DEORCOO'T ACTION LAW M.rL BILE MA OLWRR AOA SCCOOM 7. M90AO4 M FENDS.I.AIDSTARIG OF6SEWAYS ETC ARE NOT COW=BY S CERMFMAIM AOXRWO N BE F.E.M.A MAP FOR EM CONN,MAP He 25COMIS. OAIEO AAY 3,2012, DE PARCD FALLS N AN AREA OASWS AS TOE 'X'(OUTSIDE 01 02X LOT 240 °U"`E) MBS AMTG44F PMCUM RAN WAS PREPARED SOLELY FOR UE UOODI.IDON OF RE 2 1/2 STORY W/F m y. ALL �MFICA LISTED RE M,�MY TO M TTO?S RAN AND ORNIGAOV ARE NOT W SE NO. 19 RUED WORE FOR ANY OBER AUWOSE OR BY ANY OPNDR DOWN OR ENTITY. FR04S9011L LAD 9RN.NIP FOP OFR t OWBR EIC MORTGAGE INSPECTION PLAN 19 NICHOLS STREET 50' SALEM, MASS. 01970 "OF MAB�c CERBFTED M. ERIC EASLEY NlCHOLS STREET oAviom o A. : SCALE I'-10' MAY 12. 2013 DFR JR. No...A. ER.OTTER OWYINC LINUSURYEI'ONS .3 59 APPLE" STREET SAUGUS, MA D1906 NOTE P.O. BOX 982 (781) 233-8155 A RETRACEMENT ARWY NORp BE REWBED U1 OEO WE THE EUIERT O; 0 10 20 30 IF ANY,EMMOOENF OF SOILCBRES 910NN ON S RAN 1 WWN'.O'ITEUlv11R.0010 ,M9155B _, CS � � .� Eric Easley 19 Nichols St / Dormer Variance P.O. Box 4542 Salem Ma 01970 978-745-5892 Appendix A Meeting for: August 20'", 2014 Subject: 19 Nichols St. Salem Me. 01970 To: The Board of Appeals. Thank you and I appreciate the opportunity to discuss our request. This application is being submitted to request a variance to add 2 dormers to 19 Nichols St. This is being done to create a nice 3m floor unit which should attract a good neighbor and tenant to the building. I am proposing to construct 2 fourteen foot dormers into the existing roof. All foot prints of building and roof exterior dimensions will remain the same. We feel that granting this petition will not cause detriment to the public good or nullify the intent or purpose of the ordinance. We feel this change will have minimum impact to the neighbors and the surrounding buildings. This is do to the way the house sits on the lot, and the way the house sits on a steep hill. The visual of the dormers will effect no neighbors. It fact if you look up the street at the building it is actually more appealing to look at. In closing I'd like to mention to things: 1) We brought this former illegal 4 unit building to the attention of Tom St. Pierre more then a year ago. We worked with him, the former owner, the fire dept. Salem Heath Dept. and foreclosing bank. To put forth a Legal 3 family proposal to bring this building back into compliance with the City codes and ordinances. 2) We have remodeled completely 3 buildings in this neighborhood of Salem alone. Every neighbor around the other two houses has been extremely appreciative with the results of the finished building. We hope you will grant the requested proposal Sincerely Eric Easley Owner 19 Nichols St. Eric Easley 19 Nichols St / Dormer Variance P.O. Box 4542 Salem Ma 01970 978-745-5892 Appendix A Meeting for : August 2V, 2014 Subject: 19 Nichols St. Salem Ma. 01970 To: The Board of Appeals. Thank you and I appreciate the opportunity to discuss our request. This application is being submitted to request a variance to add 2 dormers to 19 Nichols St. This is being done to create a nice V floor unit which should attract a good neighbor and tenant to the building. I am proposing to construct 2 fourteen foot dormers into the existing roof. All foot prints of building and roof exterior dimensions will remain the same. We feel that granting this petition will not cause detriment to the public good or nullify the intent or purpose of the ordinance. We feel this change will have minimum impact to the neighbors and the surrounding buildings. This is do to the way the house sits on the lot, and the way the house sits on a steep hill. The visual of the dormers will effect no neighbors. It fact if you look up the street at the building it is actually more appealing to look at. In closing I'd like to mention to things: 1) We brought this former illegal 4 unit building to the attention of Tom St. Pierre more then a year ago. We worked with him, the former owner, the fire dept. Salem Heath Dept. and foreclosing bank. To put forth a Legal 3 family proposal to bring this building back into compliance with the City codes and ordinances. 2) We have remodeled completely 3 buildings in this neighborhood of Salem alone. Every neighbor around the other two houses has been extremely appreciative with the results of the finished building. We hope you will grant the requested proposal Sincerely Eric Easley Owner 19 Nichols St. 'T 7T ............. 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LESSARD o SALEM, MASSACHUSETTS DATE: 7/21/2014 REGISTERED ARCHITECT N DRAWING: PROPOSED ROOF DORMERS SCALE: AS NOTED 18 LEAVITT ST. SALEM, MA 01970 (978) 210-1960 0 0 Z = o I, ® ® ® ® - - - - - - z Z Z Ft7 D L- -� ti4 z Z Z � mco � m lid o o ° p o 0 0 b 0 � 9 3 CO 0 0 m _ G) m rn o L- - - - - O m O p DO O 0 a» Z Z Do EASLEY BUILDING PAUL R. LESSARD 19 NICHOLS ST. W Z SALEM, MASSACHUSETTS DATE: 7/21/2014 REGISTERED ARCHITECT DRAWINGEAST & PROPOSED FLR PLANS SCALE: AS NOTED 18 LEAVITT ST. SALEM, MA 01970 (978) 210-1960