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Zoning Board Proiect Status Sheet
Address & Applicant: �, R
Date Submitted to BOA:
Clerk Stamp:
Variances Only - Constructive Approval Date: (ioo days from filing)
Abutters List Requested:
Abutters Notice Sent:
�5 Notice to Abutting Cities & Towns, Councillors:
e� Legal Noticeosted at City
P Hall: 14 days before meeting) �
Legal Notice Emailed & Confirmed:
c5Legal Notice Posted on Web;
f�/ Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: ( ��t (V --
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: �/, �i -
Decision:
Decision Filed: 6 9 Appeal Period Over:
after decision filed) 7A (27"`dap
�ecision Sent to Applicant: Zy
Notice of Decision Sent to abutters, cities and towns,
councillors:
ZBA ACTION FORM
Date: Rebecca Curran Chair
Mike Duffy
Petitioner: Tom Watkins
Peter Co etas
Address: Jimin Tsitsinos
Jim Hacker(Alt.)
Paull Viccica A1* I
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.
EIAl]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.
EIA 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(501/o)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.
❑
M
��coiapiT
CITY OF SALEM MASSACHUSETTS
9a BOARD OF APPEAL
120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 0
KIMSERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 2IN JUN 29 A 6
MAYOR
CITY
June 29, 2016 PL',
Decision
City of Salem Board of Appeals
Petition of THOMAS PELLETIER, seeking a Special Permit per Sec. 3.1 Princiial Urex of the Salem Zoning
Ordinance to allow a dwelling unit in a historic carriage house at the property of 138 NORTH STREET
(Map 27 Lot 272)(82 Zoning District)
A public hearing on the above Petition was opened on June 15, 2016 pursuant to M.G.L Ch. 40A, § 11 and
closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr.
Duffy,Mr. Copelas, Mr. Tsitsinos,Mr. Watkins.
The Petitioner seeks a Special Permit per Sec. 3.1 Principal Uses of the Salem Zoning Ordinance to allow a
dwelling unit in a historic carriage house.
Statements of fact:
1. Thomas Pelletier,petitioner,presents the petition.
2. In the petition date-stamped May 23, 2016 the Petitioner requested a Special Permit per Sec. 3.1
Principal Uses of the Salem Zoning Ordinance to allow a dwelling unit in a historic carriage house.
3. The petitioner proposes to covert an existing carriage house to a single family dwelling unit.
4. The existing carriage house is used as a place for storage.
5. There is currently an existing two (2) family dwelling unit on the property,which is an allowable use in
an R2 Zoning District.
6. The petitioner plans to rehabilitate the existing historic carriage house without any dimensional
changes to the structure.
7. There are currently five (5) parking spaces on site, which is more than the required number of parking
spaces for the property.
8. The requested relief, if granted, would allow the Petitioner to convert the existing historic carriage
house into a dwelling unit.
9. At the public hearing one (1) member of the public spoke in favor of, or 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:
City of Salem Board of Appeals
June 29,2016
Project: 138 North Street
Page 2 of 3
Findings for Special Permit:
The Board finds that the carriage house is a historic structure and the change in use is not
substantially more detrimental that the existing use to the neighborhood.
1. Social, economic and community needs served by the proposal
as an additional dwelling unit would
provide housing to the community.
2. Traffic flow and safety, including parking and loading is adequate as there are five (5) parking spaces,
which exceed the number of required parking spaces.
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
(Ms. Curran (Chair), Mr. Duffy, Mr. Copelas, Mr. Tsitsinos (Alternate)) and none (0) opposed, to grant a
Special Permit per 3.1 Principal User of the Salem Zoning Ordinance to allow a dwelling unit in a historic
carriage house, subject to the following terms, 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.
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.
s
City of Salem Board of Appeals
June 29,2016
Project: 138 North Street
Page 3 of 3
Special Condition:
1. The primary structure on the property shall remain a two (2) family dwelling unit.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from thin detinon, if any, shall be made pursuant to Section 17 of the Massachusetts General Jami Chapter 40A, and shall be filed mithin 20
days of fling of this deanon in the office of the City Clerk Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the 1/ariance or
Special Permit granted herein shall not take effect until a rnpy of the decision bearing the certifcvte of the City Clerk has been fled with the Essex South
Registry of Deeds.
CITY OF SALEM MASSACHUSETTS
9fia% BOARD OF APPEAL
9 41— 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 0
KIMBERLEY DRiscoLL -TELE:978-745-9595 ♦ FAX:978-740-9846 7� JUU 29 A 8-- 16
MAYOR � r
1.
PITY CI �; ;,-, S,,.! FK P1t,5
June 29, 2016
Decision
City of Salem Board of Appeals
Petition of THOMAS PELLETIER, seeking a Special Permit per Sec. 3.1 Principal Uses of the Salem Zoning
Ordinance to allow a dwelling unit in a historic carriage house at the property of 138 NORTH STREET
(Map 27 Lot 272)(82 Zoning District)
A public hearing on the above Petition was opened on June 15, 2016 pursuant to M.G.L Ch. 40A, § 11 and
closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr.
Duffy,Mr. Copelas, Mr. Tsitsinos,Mr. Watkins.
The Petitioner seeks a Special Permit per Sec. 3.1 Principal Uses of the Salem Zoning Ordinance to allow a
dwelling unit in a historic carriage house.
Statements of fact:
1. Thomas Pelletier,petitioner,presents the petition.
2. In the petition date-stamped May 23, 2016 the Petitioner requested a Special Permit per Sec. 3.1
Principal Uses of the Salem Zoning Ordinance to allow a dwelling unit in a historic carriage house.
3. The petitioner proposes to covert an existing carriage house to a single family dwelling unit.
4. The existing carriage house is used as a place for storage.
5. There is currently an existing two (2) family dwelling unit on the property,which is an allowable use in
an R2 Zoning District.
6. The petitioner plans to rehabilitate the existing historic carriage house without any dimensional
changes to the structure.
7. There are currently five (5) parking spaces on site,which is more than the required number of parking
spaces for the property.
8. The requested relief, if granted, would allow the Petitioner to convert the existing historic carriage
house into a dwelling unit.
9. At the public hearing one (1) member of the public spoke in favor of, or 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:
I
City of Salem Board of Appeals
June 29,2016
Project: 138 North Street
Page 2 of 3
Findings for Special Permit:
The Board finds that the carriage house is a historic structure and the change in use is not
substantially more detrimental that the existing use to the neighborhood.
1. Social, economic and community needs served by the proposal as an additional dwelling unit would
provide housing to the community.
2. Traffic flow and safety, including parking and loading is adequate as there are five (5) parking spaces,
which exceed the number of required parking spaces.
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
(Ms. Curran (Chair), Mr. Duffy, Mr. Copelas, Mr. Tsitsinos (Alternate)) and none (0) opposed, to grant a
Special Permit per 3.1 Principal Uses of the Salem Zoning Ordinance to allow a dwelling unit in a historic
carriage house, subject to the following terms, 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.
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.
City of Salem Board of Appeals
June 29,2016
Project: 138 North Street
Page 3 of 3
Special Condition:
I. The primary structure on the property shall remain a two (2) family dwelling unit.
�Cc n�—ern f LQi4
Rebecca Curran, Chau
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appea!from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed=thin 20
days of fi4'ng 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 bearing the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
RECEIVE®
CITY OF SALEM, MASSACHUSETTS BOARD OF1ZPEMS 16
ON FARM
�coelrxr�� �I:r
MIG
CTi'Y OF SALEM,MASSACHUSETTS ht�alt
IV' BOARD OF APPEALS
120 WASHINGTON STREET,3-FLOOR r
SALEM,MASSACHUSETTS 01970
i
Thomas St Piece,Director of Inspectional Services
Phone:978-619-5641 /Fax:978-740-9846
Kimeiu.Ev Dwscou. Erin Schaeffer,Staff Planner ( '
MAYOR Phone:978-619-5685/Fax:978-740.0404 N
Ul
TO THE BOARD OF APPEALS: c
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address: 13 �aJ y $a' Zoning District: !1 Z
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 I0'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)
�ptJ VCy�1 iDq
der GilrjC�fi�`i"'1[ ao"!r '/f! y
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 T of the Zoning Ordinance in order to Q oN a tr1;AQ% e7
�do
( )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:Cyej,i4 a &&!e- Are Lot Dimensions Included?001"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:
( ) 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.
(y-t•'or 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
1) 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.
Ifdifferentfrom petWoner. �.
Petitioner. Property Owner: �1i " 'T peg,
Address: Address: &L �i►y.a/� V- pe g,
Telephone: Telephone: y79' Y49-7 2-712!
Email: Email: �rs DO �/Gawt�egTe gGt
Signature' Signature:��.g�
consen(kae also occeplobkJ
Date: Date:
If dijferentfrom petitioner:
Representative'
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk
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