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Zoning Board Proiect Status Sheet
Address & Applicant: OCwl' (Yd Q �c6ej I-OrKw-
Date Submitted to BOA: lO �30/Zo13
X Clerk Stamp: (0 f 30 /2ot3
Variances Only - Constructive Approval Date: ,
K Abutters List Requested: to /3p/2,0(3
D-- Abutters Notice Sent:
DI Notice to Abutting Cities & Towns, Councillors:
Legal Notice posted at City Hall: ;
c3--,' Legal Notice Emailed & Confirmed:
iu/ Legal Notice Posted on Web:
Agenda to Applicant:
Applicant's email address or fax number to send agenda: _
Opened at Meeting: 1
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting:
Decision: r��^
V\
Decision Filed: eal S I A Period 12/f 3 pp
Over: �2 Zq' r3
o/Decision Sent to Applicant:
e/Notice of Decision Sent to abutters, cities and towns,
councillors: `
ZBA ACTION FORM BOARD MEMBERS I; ;; °MOTION. SECOND uVOTE':
Date: �� , �o 3 Rebecca Curran Chair)
Richard Dionne
Petitioner: Mike Duffy x
Annie Harris
Address: Tom Watkins
David Eppley(Alt.)
Jimmy Tsitsinos (Alt.)
Total:
Conditions:
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
n Commissioner.
( All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
R] Petitioner shall obtain a building permit prior to beginning any construction.
mExterior finishes of the new construction shall be in harmony with the existing structure.
❑A Certificate of Occupancy is to be obtained.
Lp 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.
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CITY OF SALEM, MASSACHUSETTS
BOARD OF .APPEAL
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Tiii:::978-746-9696 ♦ FAX:978-740-9846 o
[ m� t•:Ri.rr DRiscoi.i. M rr
MAYOR
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December 5, 2013 -e
Decision 3
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City of Salem Board of Appeals > N
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Petition of RICHARD TURNER requesting Variances under Section 4.1.1 Table of Dimensional
Requirements of the Salem Zoning Ordinance to grant relief from the maximum allowed height of
buildings in feet and the maximum allowed height of buildings in stories, and a Special Permit
under Section 3.3.3 Nonconforming Structures to allow an extension of an existing nonconforming
structure, for the construction of a roof deck; and a Special Permit under Section 3.3.3
Nonconforming Structures to allow the reconstruction of two existing nonconforming garages, at the
property located at 18 OCEAN TERRACE (111 Zoning District).
A public hearing on the above Petition was opened on November 20, 2013 pursuant to M.G.L Ch. =FOA, 9 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Ms.
Curran (Chair), Mr. Duffy, Mr. Watkins, and Mr. Tsitsinos (Alternate).
The Petitioner seeks a Variance pursuant to Sec. 4.0 Dimensional Requirements of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition, date-stamped October 30, 2013, the Petitioner requests Variances to exceed the
maximum allowed height of buildings in feet and the maximum allowed height of buildings in stories,
a Special Permit for the extension of an existing nonconforming structure, and a Special Permit to
reconstruct two existing nonconforming garages.
2. During the hearing, it was found that the reconstruction of the garages would require another Special
Permit under Section 3.2.4 fleeessog Buildings and Strudures for construction of the garages within 5 feet
of the side lot line.
3. The Petitioner, Mr. Richard Turner, presented the petition for the property at 18 Ocean "Terrace (It l
Residential One-Family Zoning District).
4. At the time of the hearing it had not yet been determined by the Building Inspector whether a
secondary egress from the proposed roof deck would be required.
5. The land on the parcel is sloped such that very little flat space exists on the parcel. The Petitioner
would like to expand the outdoor space that each living unit has access to, and providing space for all
three units on the ground around the house is not feasible. The existing decks for each living unit are
about 9'x'15'.
6. The Board received a letter From john Dcl-clice, abutter, in opposition to the petition.
7. At the public hearing for this petition itis. Kathy Bruin of 8 Shore Avenue and Ms. Karen Russell of 6
Shore Avenue asked questions pertaining to the view from '18 Ocean Terrace into their properties,
I
nd the delineation and screening of the property boundaries.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
i
City of Salem Board of Appeals
December 5,2013
Project: 18 Ocean Terrace
Page 2 of 2
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings:
1. The sloped topography of the property imposes a hardship where there is not adequate space for
outdoor gatherings for each unit in the building.
2. The desired relief may be granted without substantial detriment to the public good.
3. The desired relief—both the Variances and the Special Permits - may be granted, as amended, without
nullifying or substantially derogating from the intent or purpose of the City of Salem "Zoning
Ordinance.
4. "The reconstruction of the garages will be an improvement to the neighborhood.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (1Is. Curran — Chair, Mr. Duffy, Mr. Watkins, and Mr. Tsitsinos in favor) and none (0) opposed, to
approve the Variances to exceed the maximum allowed height of buildings in feet and the maximum allowed
height of buildings in stories, the Special Permit for the extension of an existing nonconforming structure,
and the Special Permit to reconstruct two existing nonconforming garages, 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 he strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior fmishes 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.
8. The Petitioner shall develop and implement a landscape plan in consultation with the abutters to
address the need for delineation and privacy screening.
9. Construction of the deck shall be per the approved plans submitted with the application, with the
alteration that there shall be no "penthouse" or any construction that exceeds 42 inches, and any
second egress required by the building code shall not exceed the 42-inch height of the deck rail.
Rebecca Curran, Chair
Baud of Appeals
A COPY OF THIS DECISION f IAS BEEN FILED WITH THE PLANNING B0.ARD AND THE CITY CLERK
<Ippeal jinni this demion, it any, tball he wade purrnaw to.Section /7 of the,/las achltiett.d General11imr Cbupler 10A, and.diad/he filed within 20
day, of film. q1 this deaiion in /he o(fire nj rbe City Clerk. Pnrrnant to the,llarsadm.rell. General I mvr Chapter 40,11, Section !!. the t "arian,e of
�pcual llovil.mmled herein stall not take glee)untit a opt of/he derision 1)"aan.th aditi"It aj the Cit) Qerk his he=n/ikd n,db th f ,m—, Snutl,
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�- QTY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET 3RD FLOOR
'ISL: 978-745-9595
KINMERLEYDRISCOLL FSx:978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING CONINIISSIONER
ZONING LETTER
18 OCEAN TERRACE
June 24,2013
RE: 18 Ocean Terrace
To Whom It May Concern,
According to the records researched in our Department, it has been determined the property located at
18 Ocean Terrace is a legal grandfathered non-conforming three(3) -unit building.
This letter is determine use and number of units only and in no way meant to confirm or deny whether
said property is in compliance with all Building Department,Plumbing Department, Gas Department,
Electrical Department,Fire Department or Health Department codes and regulations.
Any questions please call our office at 978-745-9595.
Respect
Thomas St. Pierre
Zoning Enforcement Officer
Cc: file
October 30, 2013
Special Permit Request
Richard Turner(owner)
Guts Realty, LLC
18 Ocean Terrace
Two special permits are requested. The first request is to grant a special permit to allow
the continuation of the existing non-conforming use of this building as a three-family in a
R-1 zoning district. The second request is for the reconstruction of the two car garages
on the same footprint with the same eave height, but with a steeper roof. The current
garages are rusted sheet metal grey in color and an eyesore to the well kept
neighborhood. The hinged doors do not work making them useless to store vehicles.
Functioning garages would remove ones from an already overcrowded street.
Thank ou,
Richard H. Turner
Guts Realty,LLC
October 30, 2013
Variance Request
Richard Turner(owner)
Guts Realty, LLC
18 Ocean Terrace
The request for variance from zoning ordinance 4.1.1 is being presented to allow the
construction of the planned roof deck. Relief is requested due to the topography of the
site which pitches precipitously away from the building immediately at the foundation.
Making an outdoor space of sufficient size at grade level is practically impossible. It is
my opinion that the roof deck will improve the look of the building when compared to
building a sun deck with all the necessary and unattractive underpinnings and standard
requirements.
Thank you,
lL
Richard H. Turner
Guts Realty, LLC
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NOTES.
OWNER OF RECORD:
1) THIS PLAN IS NOT TO BE CONSIDERED AN GUTS REALTY LLC
ALTA/ACSM LAND TITLE SURVEY, NOR IS /T TO BE 30 CRESCENT AVENUE
USED FOR RETRACEMENT OF PROPERTY LINES 6 BEVERL Y, MA
2) SHORE A VENUE SIDELINE IS SHOWN FROM �8
MONUMENTS FOUND DURING FIELD SURVEY AND �P�
OBYDUTEOF SHORE A�EALONG NUE WAS ONElLE AT THOE C/TY SIF Pe \ ��`-1&1/, e 6, 1pe ASSESSORS:
MAP JJ, LOT 695
LA ENGINEERS OFFICE NOR THE REGISTRY OF DEEDS. 'L 12 o co ��7�'L2�-i'7Ie liN�F RESIDENTIAL 1
79a 9cF
000 ��yo ,�,• so�� �J 8J REFERENCES:
DEED BOOK 32712, PAGE 563
1 0 cow PLAN /N BOOK 1828, PAGE 546
AREA
OCEAN (40' WIDE) lb
CE ° �o,413f S.F.
1907 LAYOUT
(PLAN IN BK 1924, PG 218) �oo �y ��0 ti \� W
691 o ry�0�1 V ry A 4
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GARAGE
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sp' �J RICHARD, JR. &
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(PLAN IN BOOK 1388, PAGE 1)
`N0f'"'�► PLOT PLAN CHK. BY
SCOTT
OF LAND WC✓
JA8F,9T 18 OCEAN TERRACE, SALEM MA
rtm.a6;°6iDATE.•
�6Fess�P PREPARED FOR. RICHARD TURNER 10/28/13
HANCOCK
Survey Associates, Inc. SCALE. 1" = 20' JOB
PROFESS/OVAL L ND SURVEY R 185 CENTRE STREET, DANVERS, MA. 01923 NO. Z
VOICE (978) 777-3050, FAX (978) 774-7816 0 10 20 40 17743
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