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Zoning Board Project Status Sheet
Address & Applicant:
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Date Submitted to BOA:
�912z1ts
Clerk Stamp: 7-1
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Variances Only - Constructive Approval Date: (100 days from filing)
butters List Requested:
❑ Abutters Notice Sent:
N tice to Abutting Cities &. Towns, Councillors:
Legal Notice posted at City Hall: pa days l,eron•e meeting)
o�'/Legal Notice Emailed & Confirmed:
2gal Notice Posted on Web:
genda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: 1-0 2
1 Is
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: S
Decision: C, ani.e. a
Decision Filed: \ I y Appeal Period Over: 1` I,
after decision filed) �" (21s'day
Decision Sent to Applicant:
Notice of Decision Sent to abutters,'citiesnd towns,
councillors:
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ZBA ACTION FORM
BOARD"MEMBERS `FZ;-•MOTION ,,SE OND ,DOTE'.
Date: /OM //6— Rebecca Curran (Chair)
Mike Duffy
Petitioner: Tom Watkins
Peter Copelas
Address: 33 JUar5e1-,1 7 fie¢ f Jimmy Tsitsinos
Jim Hacker(Alt.)
Paul Viccica(Alt.) �C
Total:
Conditions:
[A 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.
4 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.
A 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(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(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.
❑ �o�Q
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS Ol$�PS9; 01
'
MmBERLEYDRISCOLL TELE:978-745-9595 1 FAX:978-740-9846 CUt NovNo NOV _11 P L
MAYOR
FILE i#
CITY CLEM, S,^,LEit.hS SS.
November 4, 2015
Decision
City of Salem Board of Appeals
Petition of GARY and ANN LAVOIE seeking a Variance requesting relief from Sec. 4.1.1 Table of
Dimensional Requirements of the Salem Zoning Ordinance from minimum side yard setback to allow the
construction of a 6'x 10' one-story addition at the property of 33 NURSERY STREET (Map 27 Lot 183)
(R2 Zoning District).
A public hearing on the above Petition was opened on October 21,2015 pursuant to M.G.L Ch. 40A, 4 11.
The heating was closed on that date with the following Salem Board of Appeals members present: Rebecca
Curran (Chair),Peter A. Copelas,James Tsitsinos,Mike Duffy,Jim Hacker (alternate)).
The Petitioner seeks a Special Pemut from the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the
Salem Zoning Ordinance from minimum side yard setback to allow the construction of a 6' x 10' one-story
addition.
Statements of fact:
1. In the petition date-stamped September 22, 2015, the Petitioner requested a Variance per Sec. 4.1.1
Table of Dimensional Requirements of the Salem Zoning Ordinance from minimum side yard setback to
allow the construction of a 6'x 10' one-story addition.
2. The petitioners, Gary and Ann Lavoie presented the petition.
3.. The petitioner proposes to construct a 6' x 10' one-story addition within five (5) feet of the required
ten (10) feet from the side yard property line.
4. The existing building on the property is located within three (3) feet of the property line with a side
porch. The proposed addition is a breezeway that will be located on the existing porch and not extend
beyond the existing deck.
5. The requested relief,if granted,would allow the petitioner to construct a 6'x 10' one-story addition.
6. At the public hearing, no (0) members of the public spoke in support and no (0) members 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, makes the following
findings:
Findings for Variance:
1) 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 in that there is an
existing building located in the side-yard setback and there is a deck and the new structure would be
on top of the existing structure.
Ry.
Oty of Salem Board of Appeals
November 4,2015
Project: 33 Nursery Street
Page 2 of 2
2) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant.
3) Desirable relief may be granted without substantial detriment to the public good, and without
mollifying or substantially derogating from the intent of the district or the purpose of the ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor
(Rebecca Curran (Chair), Peter A. Copelas,James Tsitsinos, Mike Duffy,Jun Hacker (alternate) and none (0)
opposed, to approve Variance requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem
Zoning Ordinance from minimum side yard setback to allow the construction of a 6'x 10' one-story addition
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 Inspection is to be obtained.
7. 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 decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Lams Chapter 40,4,and shall be filed within 70
days of fihng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Lams Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk bar been filed with the Eixex South
Registry of Deedr.
i
MY OF SALEM,MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
,\ CITY OF SALEM,MASSACHUSETTS
BOARD OF APPEALS 2015 SEP 22 P 12: 54
I 120 WASHINGTON STREET,3°m FLOOR
/ S4SE
LEM,MAACHUSETTS01970 FILE Y
CITY CLERK, SALE-M. MASS
Thomas St. Pierre, Director of Inspectiortel Services
Phone 978619-5541/ Fac 978-740-9I pa' 1� _
KB,mmmy DmscoLL Erin Schaeffer,Staff Plaine 11„�Q/I N
MAYOR Phone 978619-5685/ Fac 978740-0404 SEP 2 2 2015
TO THE BOARD OF APPEALS DEPT.OF pLANNNG&
The Undersigned represent that he/she is/are the owners of a certain parcel of land to OAMuNiTY DEVELOPtAENT
Ke
Address: Zoning District: v
An application is being subi ed to the Board of Appeal for the following reason(s): This statement must
describe what you propose to b ' d,the dimensions,the zone property is in,and the zoning requirements.(Example:
I amproposing to construct a 10' x 10' one story addition to rry 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 ofmy
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet)
41
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For this reason I am requesting:
�()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 Jt?stories?%?).
( )A Special Permit under ection of the Zoning Ordinance in order to
( )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: Are Lot Dimensions Included?(,�4es ( )No Why?
Mwle o amrly 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.
t�
CITY OF SALEM, MASSACHUSEITS BOARD OF APPEALS
PETMON FORM
The following written statement has been submitted with this application:
00 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
pD different from petitioner:
Petitioner, V Property Owner:
Address: Al Address:
Telephone: Telephone:
Email: f Email:
Signature: Mi Signature:
(Attached consent letter is also acceptable)
Date: Date
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
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N/F
STROUT
rt
50'
SHED
N/F
YORK
LOT 40
5000±S. F.
0
N/F O PROPOSED 1 STORY ADDITION
RYAN Bsmr
N/F
1a
MCLAUGHLIN
2 STORY
SINGLE FAMILY
#33 -6-
w W
O
-i sionv i 3't
1
1
1
aD 50'
33 NURSERY ST
PLAN COMPILED FROM VISUAL FIELD INSPECTION,SALEM GIS MAPPING,SALEM ACCESSORS DATABASE AND MORTGAGE
INSPECTION CERTIFICATE PREPARED BY REID LAND SURVEYORS DATED FEB 28,2001. PLAN DOES NOT INCLUDE
LANDSCAPE, DRIVEWAYS,FENCES OR OTHER SITE FEATURES.
LAVOIE RESIDENCE
SCALE 1" = 20'
33 NURSERY ST DATE SEPT 16, 2016
SALEM, MASSACHUSETTS BOOK: 10237
PAGE: 244
-I
3W
Wn 9'_Z.
EAST ELEVATION
PROPOSED 1 STORY ADDITION
® ooh a
000 0
SOUTH ELEVATION
LAVOIE RESIDENCE SCALE 1" = 10'
33 NURSERY ST DATE SEPT 16, 2016
SALEM, MASSACHUSETTS
i
Gary Lavoie
33 Nursery Street
Salem, MA 01970
978-979-6946
City of Salem Massachusetts
Board of Appeals
120 Washington Street 3 d Floor
Salem MA 01970
I am requesting a side yard setback variance at 33 Nursery Street due to the location of
the house on the lot. The house location is off center to northeast corner of the lot and it
is the only place we can add this structure.
Thank you,
Gary Lavoie
Gary Lavoie
33 Nursery Street
Salem, MA 01970
978-979-6946
City of Salem Massachusetts
Board of Appeals
120 Washington Street 3m Floor
Salem MA 01970
I am requesting a side yard setback variance at 33 Nursery Street due to the location of
the house on the lot. The house location is off center to northeast corner of the lot and it
is the only place we can add this structure.
Thank you,
Gary Lavoie
Gary Lavoie
33 Nursery Street
Salem, MA 01970
978-979-6946
City of Salem Massachusetts
Board of Appeals
120 Washington Street 3`d Floor
Salem MA 01970
1 am requesting a side yard setback variance at 33 Nursery Street due to the location of
the house on the lot. The house location is off center to northeast corner of the lot and it
is the only place we can add this structure.
Thank you,
Gary Lavoie