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7 ORANGE STREET - ZBA } 1 0 �a�,ge S�. � _ �' I Zoning Board Proiect Status Sheet Address & Applicant: Date Submitted to BOA: ' d Clerk Stamp: Variances Only - Constructive Approval Date: (100 days from filing) r� butters List Requested: o Abutters Notice Sent: Notice to Abutting Cities & Towns, Councillors: Legal Notice Le g Posted at CityHall: (14 days before meeting) 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: t ---- Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: � Decision: Decision Filed: , Appeal Period Over:*41-2 afterdecision filed) TTS— (21' day M/ Decision Sent to Applicant: 3/ Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BOAR'DxM MBERS% =` MOT�I.O;IV' zSECO1�D� ,UOT1r` Date: l Z rI,vl 4 b Rebecca Curran (Chair) Mike Duffy Petitioner: Tom Watkins Peter Co elan Address: —� �� Jimmy Tsitsinos ®1 Jim Hacker(Alt. Paul Viccica(Alt.) S�1 Conditions: Total: IJ 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. W 1 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. titioner shall obtain a building permit prior to beginning any construction. 7AEd, finishes of the new construction shall be in harmony with the existing structure. t_J A Certificate of Occupancy is to be obtained. 7Certificate 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. LJ 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. ti CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET♦ SALEm,MAssAcuusETrs o19;911 JAN :0 P 2: 'I-U KIMBERLEY DRIscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE # MAYOR CITY CLERK, SALEM, MdSSa January 4, 2017 Decision City of Salem Board of Appeals Petition of CAROL and SCOTT PERRY requesting a Special Permit per Sec. 3.3.3 Non-Conforming Structures and a Variance per Sec. 4.Z1 Table of Dimensional Requirements for minimum size yard setbacks construct a new dormer and exterior decks on the rear of the building at 7 ORANGE STREET (Map 35 Lot 366) (R-2 Zoning District). A public hearing on the above Petition was opened on December 21, 2016 pursuant to M.G.L Ch. 40A, § 11 closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Peter A. Copelas,Tom Watkins,Mike Duffy, and Jimmy Tsitsinos. The petitioner is seeking a Special Permit per Sec. 3.3.3 Non-Conforming Structures and a Variance per Sec. 4.1.1 Table of Dimensional Requirrments for minimum size yard setbacks construct a new dormer and exterior decks on the rear of the building. Statements`of fact: 1. In the petition date-stamped November 28, 2016, the Petitioner requested a Sec. 3.3.3 Non- Conforming Structures and a Variance per Sec. 4.1.1 Table of Dimensional Requirements for minimum size yard setbacks construct a new dormer and exterior decks on the rear of the building. 2. Attorney Grover presented the petition on behalf of the petitioner. 3. The property is located in an R2 (Residential Two-Family) district. 4. The property is a grandfathered existing nonconforming four (4) dwelling unit building. 5. The petitioner is proposing to construct a new dormer and rear decks on an existing non-conforming structure. The petitioner is requesting a special permit per section 3.3.3 Nonconforming Structures, to expand the roofline to create a rear dormer. 6. The proposed rear dormer will raise a portion of the rear roofline by eight (8) feet. The petitioner also proposed to raise the height of the chimney no higher than three (3) feet. 7. The petitioner is also requesting dimensional variances to exceed the minimum side yard setbacks. The Zoning Ordinance requires the minimum side yard width to be ten (10) feet from the property lines. The current existing width of the side yards are approximately two (2) feet at the north property line and eight (8) feet from the south property line. 8. The proposed dormer and decks would be five (5) feet from the north property line and eight (8) feet from the south property line. 9. The petitioner testified that the new dormer would increase the amount of useable space on the existing thud story. The petitioner is planning to create two (2) townhouse style units on the second and thud floor of the property. City of Salem Board of Appeals January 4,2017 Project: 7 Orange Street Page 2 of 3 10. The requested relief, if granted, would allow the Petitioner a Special Permit per Sec. 3.3.3 Non- Conforming Structures and a Variance per Sec. 4.1.1 Table of Dimensional Requirements for minimum size yard setbacks construct a new dormer and exterior decks on the rear of the building. 11. At the public hearing one (1) member of the public spoke in favor of and none (0) 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, 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 1. The proposed expansion of a non-conforming structure would not be more substantially detrimental than the existing non-conforming structure to the impact on the social, economic or community needs served by the proposal. 2. There are no 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. The proposal improves neighborhood character as it improves the property. 6. The potential fiscal impact,including impact on the City tax base is positive. 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. 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 nullifying 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 four (Peter A. Copelas,Jimmy Tsitsinos,Tom Watkins,Mike Duffy) in favor and one (1) (Rebecca Curran (Chau)) opposed, to grant a Special Permit per Sec. 3.3.3 Non-Conforming Structures and a Variance per Sec. 4.1.1 Table of Dimensional Requirements for minimum size yard setbacks construct a new dormer and exterior decks on the rear of the building 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. f City of Salem Board of Appeals January 4,2017 Project: 7 Orange Street Page 3 of 3 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 Inspection shall be obtained. 7. A Certificate of Occupancy shall be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not litnited to, the Planning Board. Rebecca Curran, 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 arty,shall be made pursuant to Section 17 of the Massachusetts General.Laws Chapter 40A, and shall be filed within 20 days of fft of this decision in the office of the City Clerk Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Vaeiance or Special Permit granted herein shall not take effea until a ropy of the decision bearing the certificate of the Go Clerk has been filed with the Essex South Regishy of Deeds. City of Salem Department of Planning & Community Development RECEIVED CHECK RECEIPT AND TRACKING FORM NOV 28 2016 DATE DEPT. OF PLANNING & eemmjjpi :p ���ici n OARD STAFF CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: $ / City of Salem Department of Planning & RECEIVED Community Development CHECK RECEIPT AND TRACKING FORM NOV 28 2016 VJ�1 .ERTSTAFF. D�fT�A9�LT� ^EVE6r1PIN€NT BOARD?�� Z�0� CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # a�AMOUNT RECEIVED: $ / 60 City of Salem Department of Planning & REQE munity Development NOV 28 2016 CHECK RECEIPT AND TRACKING FORM DEPT. OF PLANNING $, ' COMMUNITY DEVELOPMENT DATE BOARD �� STAF CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSEFOR APPLICATION: CHECK # r - AMOUNT RECEIVED: $ I CITY OF SALEM, MASSACHUSEITS BOARD OF APPEALS � coNBITp� PETITION FORM z f CITY OF SALEM,MASSACHUSETTS 3 _ < BOARD OF APPEALS IdlbNOV t, 28P115 ' 120 WASHINGTON STREET,3RD FLOOR SALEM,NLASSACHUSETTS 01970 scR Thomas St.Pierre,Director o£Inspectional Services(iI}' �Lcf4,, F N`i3 Phone:978-6195641 /Fax:978-740-9846 MOP I{tnvRrxt..t-v Dwseot-t. Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fax:978-740-0404 CoM�U /OF �`8C©, TO THE BOARD OF APPEALS: N a 6 The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: PY�F<O/pG 4 Address: 7 Orange Street441- Zoning District R-2 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.(Erample: 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.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.) 1 am proposing to construct a new dormer and decks along the rear of my non-conforming structure located at 7 Orange Street, in the R-2 Zoning District The zoning ordinance requires the minimum width of side yards to be 10 feet. The current width of the side yards are approx 2 feet at the north property line and 8 feet at the south property line. The proposed dormer and decks would be 5 feet at the north property line and 8 feet at the south property line. For this reason I am requesting: O0 Variance(s)from provisions of Section 3.3.4 of the Zoning Ordinance,specifically from minimum width of side yards. (i.e.minimum depth of rear yard). What is allowed is 10 feet ((t?sq ft?stories? %?),and what I am proposing is ti ft at North&8 It at South (ft?sq ft?stories? %?). XA Special Permit under Section3•3.3 of the Zoning Ordinance in order to IZX( 117 A 7777 V1Q-Cant^-o RmihG� 6TaUC7-0v*e O 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: Multi-Family Dwelling Are Lot Dimensions Included?09 Yes O No Why? (Eiamp/e:Two Family Nome) 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 alit especially Affect the land,building,or structure involved, generally not Affecting other lands.buildings,and structures in the same distnet; 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. O For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a noneonfirrmins 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 dramige, e) Neighborhood character; and I) 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 farm. 7 h Building Coanni;;.rioner can provide docarnentation of previous applications to the pennon"-or his representative. If different from petitioner: Petitioner/�S t}' Q"r" Property Owner: C�(A V'd Address Jat-1""ILI r�EJltn 414 Addre s: 4 C efze t" oaf SGL I&YO Y/ Telephone:Se-j:?- ;2-1'2 7S Telephone: Email:-ie. , C/ •il it'y+% Email: ei h'/ t/�t ✓'1 L6L el-eq-eqI/br� /� .� Signature: Signature: oxmt � Q �t-`� .' - � /Attached crmsrnr letter is also acceptable) Date: ad1Date_ U•-a.S� aa1�, If different from petitioner: p Representative: t forDl Pe-n',/ Address: q W-lasRD Sa�Ptiv�/�i� A TRUE ATTEST Telephone: Sc� Signature: Qft&-x=M 0. A&tn� Date: 11• d 8 aU l V-4 CITY CLERK DATE DPCD DATE This original application must be frled with the Cily Clerk. Board of Appeals 120 Washington Street, P Floor Salem, MA 01970 C y0V 2g 2016 Scott and Carol Perry PLP^r�_NG00� 1 DEP�N1jY DSV GLOP 7 Orange St. COMMU Salem, MA 01970 To all concerned Parties: This is a statement of hardship required by the Zoning Board of Appeals regarding the variance appeal for 7 Orange St., Salem, MA. It is our belief that there are special conditions and circumstances that especially affect the building yet do not affect other lands, buildings, and structures in the same district, therefore as the owner I am requesting a variance permitting construction on the Non-Conforming structure.The building has been used as a four family apartment for many years now and has been permitted to do so in the R-2 District.This renovation will not increase the occupancy or number of units, however there is existing floor space inside the building which could be utilized if the building were renovated.This would in effect expand the rentable floor space of the building without impeding on neighbors or obstructing said neighbor's views.This will also allow for the removal of the deteriorating internal finish work of the building and restoration of the inside. Moreover the improvements to this building will allow contractors to make any necessary but not yet visible structural repairs.The only physical changes to the outside of the building would be the addition of a dormer which would only raise the rear portion of the roof(not visible from the street)eight feet.The chimney would be raised no higher than three feet to keep within code. Neither of these additions would impose on any views already existing to the surrounding buildings and would mimic the architecture/aesthetics of the building. In addition to the dormer four decks would be added to the rear of the building, but these decks would not extend further into the lot then the already existing enclosed rear staircase. Because these decks will be flush with the rear of the house they will not impede on any adjacent structures'view. Thank you for your time and consideration Very Respectfully Scott Perry E I i Y , D I 1 PRoPosro 9%.STHR P¢a ay✓ib T'PL.VW410 fa1J44SJRE 2:'F'1..VELI'- PPovoSt> PFoPay6p GC 9°D FL.W6K 3"PL.OELR m 6 ER• f 5N?D m M SI I 81 t{ o � I I II 6UIL.D1.,11. �: 1 PtLOPos1;i� ��� FOOTPM1IwIT S" PL. 1700HE'R 4 I (DoTT� j � eere�uL s, I I 0,)ILO1Ntr 1N f \ �! GooTpRMT � Sb' h .T g aT C o IL a a t y S I T E PLAN SCALE:1'.10'.0' I NOTE: ALL SITE INFORMATION OBTAINED FROM PLANT PROVIDED BY THE OWNER,AS PREPARED BY NORTH SHORE SURVEY CORP.,PROFESSIONAL LAND SURVEYOR,14 BROWN STREET,SALEM,MA 01970,DATED APRIL 6,2016 If J f t DATE: 12.122016 PROPOSED RENOVATIONS Reymond T Guertin,Architect 7 ORANGE STREET SALEM MA 89 Turnpike Road,Suite 207 SK PREPARED FOR SCOTT PERRY Ipswich,Massachusetts 01938 Al , UNITED STATES CUSTOM HOUSE N J� �i AREA = 4600 t S.F. I v m .3 / o I,a" d UNITED STA7 :S DODGE - t I CUSTOM HOUSE v i� w ; I v 3 SMY c • � 010e"Et.T,IN6 ,1 r > 54' ORANGE STREET REFERENCE: THIS PLOT PLAT: WAS NOT MADE FROM AN INSTS+JMi:.t4 T" SVR'�SY AND 15 TOR DEfTY. REC. DR. 32779 PG 126 TRL PURPOSES OF THE 8ANd ONLY. eutaOETt NO t7RCUMSTA4CE5 A4.E OFFSETS T0: EASTF:RT4 D.At4XI TO BE USED FOR ESTABUSHMFNT OT FEN-'ES, WALLS. HEDGES. ETC. I CER'.IiY THAT THE FTJ?:1>:NGS SHOWN HEREON Ar LOCATED ON THE GROUND AS SHOWN' AND THEY CONFORM TO THE HORIZONTAL DtM-:NSIONA. REGJLATTONS Or EiE ZON'NG BYLAWS Or THE GTY OF SALEM MORTGAGr INSPECTION PLAN AT TIE iME or CONsmucnot` On ARE PROTECTED UNDER AlLOCATED t,l_jlt OEUNIRAL LAW; CHAPTLq 4CA SECTION 7. }. lA 4( 7 oRANGCSTREET I ALSO CCRT3'Y THAT 114E PREMISCS 917WARE NOT P.`'-fir s MR �y SALEM LOCATED WITHIN A FLOW HAZARD ZONE AS PREPARED FOR DELINEATED ON THE MAP OF COMM *,UNITY /250102 Y�. 7•_ Y SALEM . MA.. EFFECTIVE 7/16/2014 v fir,frii�y a `r CARO. A PERRY DY TAE e'TDERA; ETJERGE. ".Y MANAGEMENT AGENCY. a 1 f ► SCALE 1" 20' MiRL S. 2016 MSS-Y.uei /�� ,-• 6 NORTH SHORE SURREY CORP. 14 5R7M STREET r->.,,,n_ ,(_ ®. ' ^ •. tt4f�a SALEM, MA. 01970 DATE PROFESSIONAL LAND SURVEYOR A``7'='c:• arf � �- / 4261 7 ►a-' ..:u-_,r� _ 578-.4 48DD L d .a— LL i j i A , s -m.A $il t� 4�6 '• i �! t ♦ �.f fjJ i 35-0 f ' s i Ii ` a I e i 28,d I t a IMF"jamYMY W pt ��pp32 x f� ' � - r�✓';� � � -� .^tri n P• .. C'4 wl .i4 . - T•• } i . Lin I hill Fit It 9 r jY� d Y s afY tide a i, L9'—. 4 h ZBCp 35=0" s2G-Et� �. i ': i r. .- m . ..'. . t _ I � : � � � � � f,, ,: i .. :�� o- 1 ���-- - �s 19`-�," 2 �—O a�-� IiIi w :V 1 kP q.. w y tF °Q."�:.�y�� �l; �"' »�.�' ire .�•'s.� VL 'u F s X T i� t ri j9 m9 a a I �s. S .. P i jL W- i iL CD i t q n, pP1 r i UTf� r M Ax—, , i� r ! er w 161 14 �f" . .._.... II r �^ LL .61 ij R i - C }} [ 3 S e Jit 4, � r it {6 j C�L of ZT� J a yi.; -, � sty � ;;� �l •_ f - " ( �- .—� r .1i ` 71 Ca" t y h � It !17 r7t {l 1 LL11 L 1 Page 1 of 1 Card 1 of 1 Location 7 ORANGE STREET Property Account Number Parcel ID 35-0366- Old Parcel ID 11 -- Current Property Mailing Address Owner PERRY CAROL ANNE City SALEM PERRY SCOTT A State MA Address 4 CLEVELAND ROAD Zip 01970 Zoning R2 Current Property Sales Information Sale Date 6/9/2016 Legal Reference 34988-106 Sale Price 0 Grantor(Seller) PERRY,CAROL ANNE Current Property Assessment Card 1 Value Year 2017 Building Value 374,300 Xtra Features Value 200 Land Area 0.112 acres Land Value 116,000 Total Value 490,500 Narrative Description his property contains 0.112 acres of land mainly classified as Apts. 4-8 with a(n)Apt 4-8 style building, built about 1850 , having Clapboard exterior and Asphalt Shgl roof cover,with 4 unit(s), 16 otal rooms ,8 total bedroom (s),4 total bath (s), 0 total half bath (s), 0 total 3/4 bath (s). 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