241 NORTH STREET - ZBA 2'il North �ree'�
0
overdo
www.myun iversalop.corn
phone:1-866-756-4676
VNVI2 113
MADE IN USA
Zooming Board Proiect Stats Sheet
Address & Applicant:Date Submitted to BOA:
Z Clerk Stamp:
Variances Only - Constructive Approval Date: (foo days from filing)
Abutters List Requested:
Abutters Notice Sent:
ov/'Notice to Abutting Cities & Towns, Councillors: _
V Legal Notice posted at City Hall: (fa=days before meeting)
r"/Legal Notice Emailed & Confirmed:
/Legal Notice Posted on Web:
Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: _ jo/, 4 --
Continued Meetings:_
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: � , g � 6
Decision: 6�c�n}eco
i
Decision Filed: Appeal Period Over: �� /,�
after decision filed) (21°'day
o'� Decision Sent to Applicant:
Ea" Notice of Decision Sent to abutters,-'cities towns,
councillors:
ZBA ACTION FORM
Date:
Rebecca Curran (Chair)
Mike Do
Petitioner: Tom Watkins
Peter Co elas
Address: Jim Tsitsmos
Jim Hacker(Alt.)
Paul Viccica(Alt.)
Conditions: Total:
ffPetitioner 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.
IdExterior finishes of the new construction shall be in harmony with the existing structure.
3'A Certificate of Occupancy is to be obtained.
E5A Certificate of Inspection is to be obtained.
El 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.
LJ petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not
limited to,the Planning Board.
El 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(501/o)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.
n
ly ` e
�CONUIT \
> °s CITY OF SALEM, MASSACHUSETTS
i
BOARD OF APPEAL
NNIB 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970
MAYOR
I S
KIMBERLEY RIscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE It
R CITY CLERK. SALEM, MASS.
November 2, 2016
Decision
- City of Salem Board of Appeals
Petition of STEPHEN CUMMINGS, requestinga
Single and Two- Family Residential Structures f the Salem lZoning Permit per Sec. 3.3.5 Nonconforming
dormer at the property of 241 NORTH STREET 9)(R Ordinance to District).construct a 8' x 8'
(Map 17 Lot 159)(R-1 Zoning District).
A public hearing on the above Petition was opened on October 19, 2016 pursuant to M.G.L Ch. 40A, 11
and 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 requesting a Special Permit per Sec. 3.3.5 Nonconforming Single and Two-Family
Residential Structures to construct an 8'x 8' foot dormer.
Statements of fact:
1. In the petition date-stamped September 27, 2016, the Petitioner requested a Special Permit per Sec.
3.3.5 Nonconforming Single and Two-Family Residential Structures of the Salem Zoning Ordinance
to construct an 8'x 8' foot dormer.
2. Stephen Cummings,petitioner presents the petition.
3. The subject property is located in an R-1 Zoning District.
4. The petitioner proposes to construct an 8'x 8'foot dormer to provide headspace for a new
bathroom. The petitioner will not be changing the footprint of the existing structure,
5. The property is dimensionally nonconforming with respect to side yard setback.
6. The requested relief,if granted,would allow the Petitioner to construct an 8'x 8' foot dormer.
7. At the public hearing no (0) members of the public spoke in favor 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 he
findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
• .City of Salem Board of Appeals
November 2,2016
Project:241 North Street
Page 2 of 2
Findings for Special Permit:
1. The proposed alteration to the existing structure will not be substantially more detrimental than the
existing nonconforming structure to the neighborhood.
2. There are no negative 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 no impacts on the natural environment, including drainage.
5. There is no impact to the existing neighborhood character.
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 (5)
(Rebecca Curran (Chair), Peter A. Copelas,Mike Duffy,Tom Watkins,Jimmy Tsitsinos) in favor and none (0)
opposed, to grant a Special Permit per Sec. 3.3.5 Nonconforming Single and Two-Family Residential
Structures to construct an 8'x 8' foot dormer 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. 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.
IC, eccanum. fCh=� _
Rebecca Curtan, Chats
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, .shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be fekd 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
SpeiialPermitgranted herein sha!l not take effect until a ropy of the decision bearing the rerlifcate of the City Clerk has been filed with the Essex South
Registry of Deeds.
City of Salem Department of Planning &
REc EIVEkmmunity Development
SEP 27 2016 CHECK RECEIPT AND TRACKING FORM
DEPT. OF PLANNING &
COMMUNITY DEVELOPMENT
DATE BOARD ZB A STAFF
CLIENT: 2"
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
APPLICATION:
CHECK # 872
AMOUNT RECEIVED: $ T5 �-
City of Salem Department of Planning &
Community Development
RECEIVED
SEP 27 2016 CHECK RECEIPT AND TRACKING FORM
DEPT. OF PLANNING &
DATKOMMUNITY DEVELOPMENT BOARD ZB W STAFF
CLIENT: 2- L41
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
APPLICATION:
CHECK #
AMOUNT RECEIVED: $ 7S• Q,O
City of Salem Department of Planning &
RE�, ppSommunity Development
L- 1 V L- Lf
SEP 27 2016 CHECK RECEIPT AND TRACKING FORM
DEPT. OF PLANNING & '
DATE COMMUNITY DEVELOPMENT BOARD Z
STAFF
CLIENT: 2-Ll 1 A1ort� SF
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
APPLICATION:
CHECK #
AMOUNT RECEIVED: $ �• O
f
City of Salem Department of Planning &
Community Development
RECEIVED
CHECK RECEIPT AND TRACKING FORM
SEP 27 2016
DATADEPT. OF PLANNING & �,�' STAFF
.... . T r�t,e�i�oE.r. T BOARD
CLIENT:
PROPERTY ADDRESS:
CONTACT NUMBER:
PURPOSE FOR
APPLICATION:
CHECK #
AMOUNT RECEIVED: $ S ZD
I
53=7129i2113 873'
STEPHEN D CUMMINGS
241 NORTH ST. � , . ®Shidd-
SALEM,MA 01970 DATE !
I
POP
ENE
^tea r YToS/aGF� /vrs�sYIy$:�pZp ���B¢¢t
31 ., ORDEROF N -i. (—PeecOve
DOLLARS E
NORTH SHORE BANK
Well north of your expectations.'" nr
MEMO
r
41: 2113712981: 800627144911 08713.
LOOK TO.FPAY60ElENeIMO FELiUNEe IHCWO86 THE 5ECU IT'SQUARE ABU BEAT'""WE dB.DUMLSON BACK. F
CITY OF SALEM, MASSACHUSETTS B E E D
�contorri PETMW E9
_:S' It CITY OF SALEM,MASSACHUSETTS
BOARD OF APPEALS r DEPT. OF PLANNING &
120 WASHINGTON STREET,3RBFLOOR COMMUNITY DEVELOPMENT
pye ��y4 SALEM,MASSACHUSETTS 01970 o.
` M1Nf; Thomas St.Pierre,Director of Inspectional Services en
Phone:978-619-5641/ Fax:978-740-9846 m COO)
rn
KimBERLEY DRISCOLL Erin Schaeffer,Staff Planner '!
MAYOR Phone:978-619-5685/ Fax:978-740-0404
N
J
TO THE BOARD OF APPEAIS: 3. D
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: 3
tn N
'J N
��7 IU
Address: / NOIL't� �'�r Zoning jZ � � N
An application is being submitted to the Board of Appeal for the following reasoa(s):This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirernents.(Example;
1 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. 771e Zoning Ordinance requires the minimum depth of the rear yard to he 30feet. The current depth of my
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard tq 21 feet.)
!li I'h PP >S -t(2 12ra C4N) A 9 r k !O, 110&1i7A4
n.to/2•F N ,*
*42 4%20 A flailMn-c7ath *tp i"X Sacs&2b—r-fLA(;jjC Z -4zjrC.(
13 s_ S IS,o +�i!�+fa A &292A.,' C (o 1V8Q S^XA0G,_S�1L t��+c�rt� ► �E
to 4144 i2l kk 11%91�'eLA Tg 0" 4-1/f 4,r-AA ' f/0i1JEA>4&2
T �y rrr .` t3£ ft rAu(94 Gs=f>-�f—�ttnj►-pj%X^�+ p�tuE "W-V..
For this reason I am requesting:
( )
Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e.minimum depth ofrearyard).
What is allowed is (ft?sq j4•?stories? %?), and what I
am proposing is (fi?sq j4?stories?%?).
i
Q}A Special Permit under Section of the Zoning Ordinance in order to
O Appeal of the Decision of the Building Inspector(described below):
( )Comprehensive Permit for construction oflow or moderate income housing(describe below):
11,
Current Property Use:5A,*6 i.B AAMAyAre Lot Dimensions Included?( )Yes ( )No Why?
(EramOle: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 applkation.
( ) 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.
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.
If different from petitioner.
Petitioner: 5-t fij? J6wJ Property Owner:
Address: 2q I "iojeot -/ Si-- Address:
Telephone: 9 79- 93 9 9 Telephone:
Email: ` — ,q,u, Email:
Signature: Signature:
(Attached consent letter is alto acceptable)
Date
: 9—aG-JAc w Date:
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.
9/26/2016
To whom It May Concern
I am looking to add a 8'x 8'dormer at 241 North St.to my second floor home to build a
bathroom for my kids.That fits into neighborhood due to many other buildings having dormers.
My reason for needing a special permit is due to my zero lot line and there is no other place in
the home for a second bathroom.The dormer will have no windows due to the building code.
There will be no Impact on parking,drainage,traffic flow, utilities,or neighborhood character.
The foot print of the home will not change in any way.
Signed Stephen Cummings