2 RIVER STREET - ZBA IVERSAL®
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Zonin2Board Project Status Sheet
Address & Applicant: -2RCveC
Date Submitted to BOA: zg� Zo \S
Ey' Clerk Stamp: y 2 8 1 z o \ S
Variances Only - Constructive Approval Date: (100 days from filing)
f/Abutters List Requested:
� Abutters Notice Sent: s �6
B/ Notice to Abutting Cities & Towns, Councillors: 5 G
i/Legal Notice posted at City Hall: ria days before meeting) 5
a' Legal Notice Emailed & Confirmed: �5/6
1;P/ Legal Notice Posted on Web:
�f s
Agenda to Applicant: S g
Applicant's email address or fax number to send agenda:
Opened at Meeting: 5 2 o -S
Continued Meetings:
Extension/Form(s) Signed & Clerk Stamped?
Closed at Meeting: 5 Lo! 5
Decision:
Decision Filed: Appeal Period Over: (z t (hY
after decision filed) f
Q11` Decision Sent to Applicant:
Ei Notice of Decision Sent to abutters, cities and towns,
councillors:
BA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE
Date: 5 4 oI Zo l 5 Rebecca Curran (Chair)
Richard Dionne
Petitioner: p Mairrfos�i Mike Duffy
cd I C'k Tom Watkins
Address: -z- e-r S��ee'� Peter Co elas
Jimmy Tsitsinos (Alt.)
Total:
Conditions:
Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
Fh
LFJ All construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
0 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
if
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 C0Ad:�.tiw�
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CITY OF SALEM MASSACHUSETTS
9 § 'o' BOARD OF APPEAL
T �19��JN '3 A 4°3b
120 WASHINGTON STREET♦ SALEM,MASSACHOSE
KIMBERLEYDRiscou TELE:978-745-9595 ♦ FAX:978-740-9846 FILE tf
MAYOR CITY CLERK, SALEM, MASS.
June 3, 2015
Decision
City of Salem Board of Appeals
Petition of M. PERRY MCINTOSH and RICHARD LUECKE, seeking a Variance requesting relief
from Sec. 4.1.1 Table ofDimensional Requirements from a side-yard setback to construct a rear
deck. The property is located at 2 RIVER STREET (Map 26 Lot 617) (R2 Zoning District)
A public hearing on the above Petition was opened on May 20, 2015 pursuant to M.G.L Ch. 40A, 11. The
hearing was closed on that date with the following Salem Board of Appeals members present: Rebecca
Curran (Chair), Peter Copelas,Jimmy Tsitsinos,Tom Watkins and Mike Duffy.
The petitioner is seeking a Variance requesting relief from Sec. 4.1.1 Table to Dimensional Requirements from a
side-yard setback to construct a rear deck.
1. In the petition date-stamped May 20, 2015, the Petitioner requested a Variance requesting relief from
Sec. 4.1.1 Table of Dimensional Requirements from side-yard setback of the Salem Zoning Ordinance to
construct a rear deck.
2. Perry Mcintosh and Richard Luecke,petitioners,presented the petition.
3. The property is an 18'" century home built with the front facade and side-yard setbacks constructed on
the zero (0') foot lot line. The building is an existing dimensionally non-conforming structure.
4. The petitioners proposed to construct a 70 square foot deck and stairway to the backyard serve as a
secondary egress to the property.
5. The requested relief,if granted,would allow the Petitioner construct a rear deck and stairway.
6. At the public hearing two (2) members of the public spoke in favor of and no (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 Variance:
1. Special conditions and circumstances that especially affect the land, building or structure generally not
affecting other lands, buildings or structures in the same district include the steep slope and grade of the
property and lack of a teat egress from the living quarters of the structure.
2. The literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant as the existing structure is on the zero (0) lot line and there is no other option to provide rear
access to the structure.
City of Salem Board of Appeals
June 3 ,2015
Project:2 River Street
Page 2 of
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 five (5) in favor
(Rebecca Curran (Chair), Peter Copelas, Jimmy Tsitsinos, Tom Watkins and Mike Duffy) and none (0)
opposed, to grant a Variance, to allow the construction of a 70 square foot deck and stairs, 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. A Certificate of Inspection is to be obtained.
6. 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 Laws Chapter 40A, and shall be filed 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
Special Permit granted herein shall not take sect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
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PETITION FORM
f� CITY OF SALEM,MASSACHUSETTS
X11, BOARD OF APPEALS
_2II ZC15 APR 28 A 10- IV2
,9(I 120 WASHINGTON STREET,3RD FLOOR
4.j' SALEM,MASSACHUSETTS 07970 FILE It
A��MINE09�j Thomas St.Pierre,Director of Inspectional SrAlAs - ` c t'c
Phone:978-619-5641 /Fac:978-740-9846. ` dV
KIMBERLEY DRiscoLL Erin Schaeffer,Staff Planner
MAYOR Phone:978-619-5685/Fax:978-740-0404 APR 28 2 ?5
TO THE BOARD OF APPEALS: DEPT. OF PLANNING&
The Undersigned re resent that he/she is/are the owners of a certain parcel DEVELOPMENTcel of land located at:
Address: C� � .(fE'il� ��jZoning District:
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!0'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 ivould reduce the depth of the rear yard to 22 feet.) ff
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For this reason I am requesting:
4Vajriance(s)fro/m//f provisions of Section 9'J of the Zoning Ordinance,specifically from
.eil d.P \, ;ai¢7d/i �P`�`J�,.�� (i.e. minimum depth of rear yard).
J
What is allowed is— 10 I (ft?sq ft?stories? %?), and what I
am proposing is 0 (ft?sq ft?stories?%?).
( )A 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):
Current Property Use:-S itw2 n,i L r` re Lot Dimensions Included?('res O No Why?
(Exampt):Tuo Fami o 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:
6 /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.
( ) 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.
��7 lLtgn� k if different from petitioner:
„
Petitioner: ii�pplU.C� \ iA2c��. Property Owner:
Address: Z, P""Je — S Address:
Telephoner 11 -11to - d"� `� Telephone:
Email: RC.frh , MC%inW�. Ver, tA�k tmail:
Signature: Signature:
(Attached consent letter is also acceptable)
Date: �'Z1 ] , Date:
7f differentfrom pe6tloner.
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
z
Statement of Hardship
Richard Luecke and M. Perry McIntosh
2 River Street
a) The property in question is an eighteenth century building with a latter defined
narrow lot with a 0' lot line along the edge of the building where one side of the
new deck will also lie. The building pre-existed the zoning ordinance, and at least
one side of all the buildings in the River Street neighborhood fail to meet the
tabular side setback for the R2 district.
b) The proposed location for the deck overhangs a retaining wall below and causes
minimal interference with a very pleasant but small existing back patio. Stairs
from the deck will lead directly to the patio. The only existing interior access to
the patio now is through the non-habitable basement. Any other location of the
deck would sacrifice the patio, the hardships would be both the inability to
provide an outdoor deck that promises pleasant morning light, and the present
lack of a more accessible rear patio and back yard.
c) The abutting neighbor, because its dwelling is very close to the house, has no
windows overlooking the proposed new deck, the deck cannot be seen from
River Street. Therefore, the functional intent of the intended setbacks are not
being sacrificed.
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Erin Schaeffer
From: Perry McIntosh <perry.mcintosh@verizon.net>
Sent: Tuesday, April 28, 2015 3:09 PM
To: Erin Schaeffer
Subject: Fwd:A deck at 2 River?
Hi Erin,
Here is the email exchange between me and Lindsey Wakeman, owner of 4 RIver Street next door, who is
temporarily living abroad.
Thanks for your help,
Perry McIntosh
Begin forwarded message:
From: Lyndsey Wakeham <Isennott@gmail.com>
Subject: Re: A deck at 2 River?
Date: April 20, 2015 at 3:25:54 AM EDT
To: Perry McIntosh <perry.mcintosh(cDverizon.net>
Not problem. Let us know if there is anything we can do to make it easier
Sent from my iPhone
On Apr 19, 2015, at 11:47 PM, Perry McIntosh<perry.mcimoshkverizon.net>wrote:
Great--thanks! I'm sure you'll be hearing from the zoning board.
Perry
Sent from my iPhone
On Apr 19, 2015, at 1:54 PM, Lyndsey Wakeham<lsennott(cr�gmail.com> wrote:
Never mind my last email! I managed to find it in my junk. The deck looks great
to me! You have our blessing!
Sent from my iPhone
On Apr 19, 2015, at 12:53 PM, Perry McIntosh<perry.mcintosh c(= verizon.net>
wrote:
Hi Lindsey, it's me again!
While we stew about Webb, Dick and I would like to put a deck
off our kitchen with steps down to the patio--it will give us a nice
breakfast nook, make it so folks don't have trek through our 1799
1
basement to get to the patio, plus it will give us a perfect spot to
supervise the construction! See the architect's rendering attached.
Plan is to have it stick out 7 feet from the back of the house.
Because our house goes to the property line, we will need a zoning
variance, and of course we want to be sure you guys are OK with
this plan first of all. Let me know your thoughts.
On the Webb front, we'll keep you posted and send the (hopefully
better!) plan when received.
Thanks,
Perry
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