138 NORTH STREET - ZBA (2) 3 ,9
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Zonin�Board Proiect Status Sheet
Address & Applicant:
Date Submitted to BOA: ,
e5" Clerk Stamp:
Variances Only - Constructive Approval Date: (loo days from filing)
d Abutters List Requested:
r/ Abutters Notice Sent:
d Notice to Abutting Cities & Towns, Councillors:
Legal Notice
M/ Le
g posted at City Hall: (14 days before meeting)
Legal Notice Emailed & Confirmed:
7�2/ Legal Notice Posted on Web:
Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: -----
Continued Meetings: ,
Closed at Meeting:
Extension Form(s) Signed & Clerk Stamped?
Z
Decision:
Decision Filed: *3/( j
/ Appeal Period Over:
after decision filed) .3 Z (21"dap
d Decision Sent to Applicant:
Notice of Decision Sent to abutters, cities and towns,
councillors:
ZBA ACTION FORM
BOARD"MEIS9BErRS�,, '�vIOTI ON SECOND ,rVOrTE`;
Date: — —
Mike Duffy
Petitioner: Tom Watkins
er —
Address: Jimmy Tsitsinos
Jim Hacker(Alt.
Paul Viccica (Alt.)
Conditions: Total:
[ 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.
IJ�A Certificate of Inspection is to be obtained.
EPetitioner 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(501/6) 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.
❑ r�l,t9-NI pil Q.I._.�iAwrin. o �--'��(iC�/il_
1, 2 CITY OF SALEM, MASSACHUSETTS
BOARD OF AP
120 WASHINGTON STREET♦ SALEM,MASSACH*�R�
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9 A� :
MAYOR
March 1. 2017
Decision
City of Salem Board of Appeals
Petition of THOMAS PELLETIER, seeking a Special Permit per 3.3.3 Nonconforming Structures of
the Salem Zoning Ordinance to reconstruct, extend, or structurally change the existing historic
carriage house at the property of 138 NORTH STREET (Map 27 Lot 272)(R2 Zoning District)
A public hearing on the above Petition was opened on February 15, 2017 pursuant to M.G.L Ch. 40A, § 11
and closed on that date with the following Salem Board of Appeals members present: Mr. Duffy (Acting
Chair),Mr.Tsitsinos,Mr. Watkins,Mr. Hacker (alternate),Mr.Viccica (alternate).
The Petitioner seeks a Special Permit per 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to
reconstruct, extend,or structurally change the existing historic carriage house.
Statements.of fact:
1. Thomas Pelletier,petitioner,presents the petition.
2. In the petition date-stamped December 16, 2017, the petitioner requested a Special Permit per Sec.
3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to reconstruct, extend, or
structurally change the existing historic carriage house.
3. In a decision dated June 29, 2016, the petitioner received a special permit from the Zoning Board of
Appeals to allow a dwelling unit in a historic carriage house.
4. The petitioner has started restoration of the historic carriage house and has determined that the
restoration of the roof and south fa4ade are not possible.
5. The petitioner is proposing to restore the historic carriage house by saving as much of the original
materials as possible and will reconstruct and rebuild in-kind to be as close to the original materials,
structure, and details as possible.
6. The petitioner is proposing to construct a new roof to be rebuilt in kind as per the drawing submitted
with the second gable on the north side.
7. The petitioner is also proposing to remove and completed rebuild the south wall in kind and restore it
to as close as the original as possible.
8. The petitioner is proposing to dismantle the north wall and reuse any timber frame and sheathing that
is salvageable to be used to rebuild a new wall as per the drawing. New clapboard will be used for the
trim and any detail trim that is not salvageable will be milled to replicate existing trim.
9. The petitioner is proposing to restore the west wall using the existing structure, sheathing, and trim.
10. The petitioner is proposing to restore the east wall using the existing structure and sheathing. New
clapboard and windows will replace the existing.
11. The petitioner is proposing to install new windows to replace the existing windows.
City of Salem Board of Appeals
March 1,2017
Project: 138 North Street
Page 2 of 3
12. Lastly, the petitioner is proposing to construct a foundation and relocate the building two (2) feet
from the property line on the north side (Dearborn Street) to allow for footings and one (1) foot on
the east side (North Street) to allow for footings.
13. The petitioner is proposing to dig approximately 8' feet deep on the property to create a foundation
for the existing carriage house structure.
14. There is not currently a basement or foundation for this structure.
15. The petitioner plans to be reviewed by the Historic Commission for comments on windows.
16. The requested relief, if granted, would allow the Petitioner to reconstruct, extend, or structurally
change the existing historic carriage.
17. At the public hearing abutters expressed concerns that this project will require that a portion of an
abutting driveway would have to be removed for the installation of a foundation for the carriage
house and requested that the petitioner be liable for any property damage and replacement of the
driveway.
18. At the public heating three (3) members of the public spoke with apprehension to the project and
asked clarifying questions about the project. No (0) members of the public spoke in favor of, and one
(1) 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 fundings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings for Special Permit:
The Board finds that the reconstruction, extension or structural changes are not substantially more
detrimental that the existing structure to the neighborhood.
1. Social, economic and community needs served by the proposal as an additional dwelling unit would
provide housing to the community. j
2. Traffic flow and safety,including parking and loading is adequate.
3. Adequacy of utilities and other public services will not be negatively impacted.
4. Impacts on the natural environment,including drainage will remain the same.
5. The proposal fits with the character of the neighborhood.
6. Potential fiscal impact,including the impact on City tax base and employment is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor
(Mi. Duffy (Acting Chair),Mr. Tsitsinos,Mr.Watkins,Mr. Hacker (alternate), and Mr. Viccica (alternate)) and
none (0) opposed, to grant a Special Permit per 3.3.3 Nonconforming Structura.r of the Salem Zoning Ordinance
to reconstruct, extend, or structurally change the existing historic carriage house, subject to the following
terns, conditions and safeguards:
Standard Conditions:
1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner.
City of Salem Board of Appeals
March 1,2017
Project: 138 North Street
Page 3 of 3
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 finished of the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. 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,if needed.
9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to the Planning Board.
10. Unless the 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 (509/6) 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.
Special Conditions:
1. The petitioner shall be reviewed by the City of Salem Historic Commission for approval of the plans
prior to construction.
2. The petitioner shall employ a third party professional to assess and document existing conditions of
all directly abutting properties to the construction site (138 North Street) and to return or replace in-
kind or better,if damaged. The assessment and documentation of existing conditions shall take place
prior to any construction.
Mike Duffy,AcfMi C
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fmm this deafton,if any,shall be made pursuant to Section 17 of the Masrarhusetts General iawr Chapter 40A, and shall be filed mAin 20
days offiling of this deanon in the office of the 00 Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Speaa!Perm t granted herein shall not take e�ect until a ropy of the deacon bearing the certtate of the City Clerk has been file w th the Essex South
Registry of Deedr.
RECEIVE,.
CITY OF SALEM, MASSACHUSETTS BOARD gt2f TP4ALS
;�,coNnrTt PETITW
hV
CITY OF OF SALEM,MASSAICHUSET��oEPT.
"w. MMUNITY DEVELOPMENT
P T BOARD OF APPEALS
1 t/ 120 WASHINGTON STREET,3RD FLOOR
. SALEM,MASSACHUSETTS 01970
AMINE Thomas SL Pierre,Director of Inspectional Services
Phone:978-619-5641 /Fax: 978-740-9846 L: o
KIMBERLEY DRISCOLL
Erin Schaeffer,Staff Planner _
MAYOR Phone: 978-619-5685/ Fax:978-740-0404 fOI^ 1]
TO THE BOARD OF APPEALS:
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: -
Ln
Address: /l,l' R <<> u7
zGb7'ln 55+_ Zoning District:
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 hone 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 ol-my
rear yard is 32 feel; the proposed addition would reduce the depth of the rear yard to 22 feet)
For this reason I am requesting:
O
Variance(s)from provisions of Section of the Zoning Ordinance, specifically from
(i.e. minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is (ft?sq,ft?stories? %?).
(/A Special Permit under Section 3'�'2, of the Zoning Ordinance in order to RGCna s'�Le c
c �iSfii.,s lirs�c '� Cmc 12AC' S
( ) 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: q`6i E5 e 4 pj_, Are Lot Dimensions Included?(v)/Yes O No Why?
(Example:Two Family Home)
The Undersigned hereby petitions the Board of Appeals to vary the terns 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:
( ) 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.
O 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 of previous applications to the petitioner or his
representative.
If diifftreni from petitioner:
Petitio LO7 Property Owner.
Address:l S"� �6�e�� o'Ty�'/f Address:
Telephone: 225- 162-2M- GIy66 Telephone:
Email: �T,9 ,,a��� _•!60,w c�T Email:
Signature: l?/ My S 6,1147 "rL Signature:
Date:_ Date: (Attached consent letter is also acceptable)
_/�/��
If different front 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 Grounds
12/19/2016
a) Adding a new living dwelling to the Tax rolls.
b) No increase in traffic, there is room on the premise for 5 cars.
c) A new trench for water, sewer, and gas needs to be dug.
d) No impact to environment beyond what is all ready there.
e) Single and multi-family dwellings all ready exist on the Dearborn St side, single,
multi-family dwellings, and commercial store fronts all ready exist on the North
St side.
f) Add one new living dwelling to the Tax rolls.
Thomas J. Pelletier
PL= 62.0'
PROPOSED
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Because of years of exposure to the elements the carriage house has deter�orta e�d o
point that restoration of the roof and south fa9ade is not possible. The following is ast�VE D
of replacement, repairs and lot changes that are necessary. DEC 19
2016
The roof• econd g ble on the be north side.ved pletely and rebuilt new as per dVMNV6v oeveNoaMErvr
• South wall will be removed completely and rebuilt new as per drawing and
restored to as close as original that can be determined. The exterior trim will be
milled to replicate existing trim. All detail trim that is not salvageable will be
milled to replicate existing trim.
• North wall will be dismantled. The timber frame and any sheathing that is
deemed salvageable will be used to rebuild a new wall as per drawing. New
clapboard will be used for the trim. All detail trim that is not salvageable will be
milled to replicate existing trim.
• The west wall will be restored using existing structure, sheathing, and trim. New
windows will replace the existing ones.
• The east wall will be restored using existing structure, and sheathing. New
clapboard and windows will replace the existing.
• The foundation will be dug two more feet into away from the property line on
the north side (Dearborn St) to allow for footings. Also on the east side North
St) one foot to allow for footings.
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