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Address & Applicant:
Date Submitted to BOA: z
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Clerk Stamp: J-� 2 5
Variances Only - Constructive Approval Date- (100 days from rung)
Abutters List Requested:
�butters Notice Sent:
otice to Abutting Cities &
Towns, Councillors: _
egal Notice posted at City Hall: (14 days before meeting)
Legal Notice Emailed & Confirmed:
o' Legal Notice Posted on Web:
V '' 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?
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Decision: d
Decision Filed: Appeal Period Over:
' T�
after decision filed) —4*
(21`day
d Decision Sent to Applicant:
c� Notice of Decision Sent to abutters, cities and towns,
councillors:
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ZBA ACTION FORM
Date: Rebecca Curran (Chair
Mike Du
Petitioner: Tom Watkins
Address: imma Tsitsmos
<gW-9F*iC2 (A It
Conditions: Total:
WEfP itioner shall comply with all city and state statutes,ordinances, codes and regulations.
construction shall be done as per the plans and dimensions submitted to and approved by the Building
ommissioner.
f}lI of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
itioner shall obtain a building permit prior to beginning any construction.
EfI3xterior finishes of the new construction shall be in harmony with the existing structure.
ZWALJ
Certificate of Occupancy is to be obtained.
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
npliiber so as to be visible from the street.
CnJS/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(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
g ' CITY OF SALEM, MASSACHUSETTS
OARD OF APPEAL
817NA-Y-31
]20 WASHNGTON STREET♦SALEM,MASSACHUSETTS 01970
CITYKIMBERLEY DRISCOLL T)F F:978-745-9595 ♦ FAX:978-740-9846 SALEM,CER
MAYORMASS
May 31, 2017
Decision
City of Salem Board of Appeals
A public hearing for all persons interested in the petition of CARMINE DEFALCO seeking a Special Permit
per Sec. 3.3.5 Noncanfornring Single and Two Family Structures of the Salem Zoning Ordinance, to remove an
existing teat portion of the structure and to replace it with a new 18' x 26' one-story addition at the property
located at 13 OAK STREET(Map 26,Lot 21)(R-2 Zoning District)
A public hearing on the above Petition was opened on May 17, 2017 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),
Tom Watkins,Mike Duffy,Jimmy Tsitsinos, and Paul Viccica (alternate).
The petitioner is seeking a Special Permit per See. 3.3.5 Nonconforming Single and Two Family Structures of the
Salem Zoning Ordinance, to remove an existing teat portion of the structure and to replace it with a new 18'
x 26'one-story addition.
Statements of fact:
1. Carmine Defalco,petitioner,presented the petition.
2. In the petition date-stamped April 25, 2017, the petitioner requested a Special Permit per Sec. 3.3.5
Nonconforming Single and Two Family Stmetums of the Salem Zoning Ordinance, to remove an existing
rear portion of the structure and to replace it with anew 18'x 26'one-story addition.
3. The petitioner is proposing to remove an existing 10' x 12' one story structure to be replaced with a
new 18'x 26' one-story addition.
4. The existing structure is a rear kitchen that is original to the home. The existing one-story rear
structure is dilapidated and non-functionaL The petitioner has rehabilitated this existing structure and
the rear portion of the structure is the last component of this project
5. The existing structure is non-conforming as to the side yard and rear yard setbacks. The petitioner is
proposing to reduce the tear yard setback from +/- 23.7' feet to +/- 15.5' feet. The petitioner is also
proposing to reduce the west side yard setback from +/- 15' feet to +/- 8'feet.
6. The requested relief, if granted, would allow the petitioner to remove an existing rear portion of the
structure and to replace it with a new 18' x 26' one-story addition, which will include a kitchen and
additional bedroom.
7. At the public heating no members of the public spoke in favor of, and none (0) in opposition to, the
petition.
City of Salem Board of Appeals
May 31,2017
Project: 13 Oak Street
Page 2 of 3
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 for Special Permit:
The Board finds that the proposed expansion of the non-conforming single-family structure is not
substantially more detrimental than the existing non-conforming structure.
1. Social, economic and community needs are served by the proposal.
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 impact on City the 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
(Rebecca Curran (Chau), Tom Watkins, Mike Duffy,Jimmy Tsitsinos, and Paul Viccica (alternate)) and none
(0) opposed, to grant a Special Permit per Sec. 3.3.5 Nonconforming Single and Two Family Structures of the Salem
Zoning Ordinance, to remove an existing rear portion of the structure and to replace it with a new 18' x 26'
one-story addition, as shown on the plans and petition filed herein, 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 is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to the Planning Board.
a '►
City of Salem Board of Appeals
May 31,2017
Project: 13 Oak Street
Page 3 of 3
Rebecca Curran Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WnH THE PLANNING BOARD AND THE CTTY CLERK
Appeal from this decision,if any,sball be made puru`ant to Section 17 of the Marratburetts General Laws Cbapter 40A, and shall be filed within 20
days of fik'ng oJthis deadon in the affue of the City Clerk. Pumtant to the Massachusetts General Laws Chapter 40A, Section 11, the I/aeianre or
Special Permit granted herein shall not take effect until a copy of the decision bearin
Registry of Deeds. g the certificate of the Gy Clerk bar been filed with the Essex South
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM,MASSACHUSETTS
�1 1 BOARD of APPEALS 1011 APR 25 AM 8. S4
C� ��a§�. 9Ji 120 WASHINGTON STREET,3RD FLOOR �I y A
SALEM,MASSACHUSETTS 01970 I QL4,
_ � Thomas St.Pierre,Director of Inspectional Services 'CITY CLERK
S
Phone:978-619-5641 /Fax:978-740-9846 SALEM.-MASS
A' c y
KIMBERLEY DRisCOLL Erin Schaeffer,Staff Planner A� -'pA�`SpS'
MAYOR Phone:978-619-5685 /Fax:978-740-0404 `s 6 b! t�
TO THE BOARD OF APPEALS: ARR 25 2017
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: DEPT. OF PLANNING &
Address: / �J/,!,(� ST✓J d .d COMMUNITY DEVELOPMENT
� Zoning District: X12
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 be 30 feet. The current depth ofmy
rear yard is 32 feet, the proposed addition would reduce the depth ofthe rear yard to 22 feet.)
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For this reason I am requesting:
O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(Le, minimum depth ofrearyard).
What is allowed is (ft?sgft?stories? %?), and what I
am proposing is 7 o
(j.y sq ft. stories.? /?).
4A 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):
lCurrent Property Use: Are Lot Dimensions Included? O Yes ( )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
0 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: &d 0w1z- Ar— Iro Property Owner:
Address: /3 4A? e ST2ooT Address:
Telephone: r�'O/-d/3 %SSD Telephone:
Email: . s � ./f/air Email:
Signature: 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 befiled with the City Clerk.
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13 OAK STREET KJ SDRAFrING and DESIGN
FRONT ELEVATION SALEM MA. 01970
139 SUNSET DRIVE
STANLEY VIRGINIA 22851
540-225-0083
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LEFT ELEVATION 13 OAK STREET KJ SDRAFf ING and DESIGN
SALEM MA. 01970 139 SUNSET DRIVE
STANLEY VIRGINIA 22851
540-225-0083
ZONING DISTRICT: R2 PROPOSED 18' X 26' ADDITION
REQUIRED EXISTING PROPOSED
N/F MIN. LOT AREA 15,000S.F. 2550S.F. SAME
DAIEL NADEAU N F MIN. FRONTAGE 100' 34' SAME
MIN. LOT COVERAGE 35% 28% 41%
& RON NUTTON ELLEN RUSSELL MIN. SIDE YARD 10' 0.7' .07'
75 FLINT ST. 73 FLINT ST. MIN. REAR YARD 30' 23.7' 15.5'
PARCEL ID: 26-0004 PARCEL ID: 26-00 3
fUNj SS.
34 - 29' j0 "I CERTIFY THAT THE DWELLING IS LOCATED
DRILL HOLE °EED,�S `_\ cr \ AS SHOWN. THIS PLAN WAS PREPARED FROM
FOUND SC3gt Nw a., l _\\ A TAPE SURVEY AND USING PLANS AND
`� o.7' SEE DEED RECORDED DEEDS OF RECORD.
IN DEEDS BOOK 28244
�j6" 8 PAGE 425 FOR PARCEL
g2 ROP 10, o_7' DIMENSIONS USED — —-- —--
DDI / RALPH W. REID P.L.S.
1 STORY WOOD
TO BE REMOVED
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NSF GRAPHIC SCALE
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DONNA DEFALCO cp 20 0 10 20 40 eo
11 OAK ST. o,
PARCEL ID: 26-0020 `r //
i/ � ( IN FEET )
2 STORY / I inch = 20 ft
2 1/2 STORY WOOD
VINYL SIDED //13
I 0.6' , -10 fuNj SjMAC. NAIL
„- " FOUND SALEM , MASSACHUSETTS
oEE° 34 PLAN OF , LAND PREPARED FOR:
MAG. NAIL S�FZ�E�C CARMINE & DAN NA D EFALCO
FOUND O P� 13 OAK STREET
13 PARCEL ID: 26-0021 -0
OF r ` RALPHs�cyGn REID LAND SURVEYORS e
wI�LID 365 CHATHAM STREET �R
$ REID H '" LYNN, MASSACHUSETTS i L S
No. 29422
DEED REFERENCES: 0R0FE 1 r PHONE #781 -592-2660
LOCUS BOOK 35628 PAGE 533 R16—LEE1
BOOK 28244 PAGE 425 RWR DATE: APRIL 4, 2017 SCALE: 1 "=20'
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