46 SCHOOL STREET - ZBA (2) f l
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ZoninE Board Project Status Sheet
P
Address & Applicant: LA Sc-V, 0 0 1 S } _
Date Submitted to BOA: Z Q L
Clerk Stamp: 2 R z Q 5
Variances Only - Constructive Approval Date: (100days from filing)
i!?/ Abutters List Requested:
Abutters Notice Sent: Slco
D/ Notice to Abutting Cities & Towns, Councillors: 5
r/Legal Notice posted at City Hall: (1a days before meeting) s
iy/ Legal Notice Emailed & Confirmed: s
d Legal Notice Posted on Web: 5-
c/
ry Agenda to Applicant: S
Applicant's email address or fax number to send agenda:
Opened at Meeting: S
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting:
i
Decision:
Decision Filed: (o Appeal Period Over: 6/2-�, (21" (hN
after de ns-Ion filed)
Decision Sent to Applicant:
` P
r- Notice of Decision Sent to abutters, cities and towns,
councillors:
ZBA ACTION FORM BOARD MEMBERS ' iMOTIONSECOND VOTE
Date: Rebecca Curran (Chair)
Petitioner: ' Mike Duffy
®W�+er �50`l cf Tom Watkins
Address: l J o y�,0.,, Peter Co elas
l Jimmy Tsitsinos joW
Total:
Conditions:
rpu 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.
All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
r52 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.
EIA 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 e reconstructed except in conformity with the provisions of the Ordinance.
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6� CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970
KIMBERLEYDRIscoLL TELE:978-745-9595 ♦ FAx:978-740-9846
MAYOR
-t o
June 5, 2015
z
Decision (/,)M un
City of Salem Board of Appeals D
s
M 90
Petition of JOYCE DUPUIS requesting Variances from the requirements of Ace. 4LIA Table of
Dimensional Requirements of the Salem Zoning Ordinance to allow a reductig'n in Minimum lot
area, minimum lot size per dwelling unit, and minimum lot frontage required to create a rear lot
located at 46 SCHOOL STREET (Map 27,Lot 7) (112 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 Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the
Salem Zoning Ordinance to allow a reduction in minimum lot area, minimum lot size per dwelling unit, and
minimum lot frontage required to create a rear lot when merged with a portion of 48 School Street.
1. In the petition date-stamped April 28, 2015, the Petitioner requested a Variances seeking relief from
Sec. 4.1.1 Table of Dimensional Requirements to allow a reduction in minimum lot area, minimum lot size
per dwelling unit and minimum lot frontage to create a new rear lot when merged with a portion of 48
School Street.
2. Attorney Correnti presented the petition on behalf of the applicant.
3. The existing lot was 12,628 square feet and a dimensionally non-conforming lot.
4. The petitioner proposed to reduce the size of the lot from 12,628 square feet to 5,010 square feet and
reduce the existing frontage of 116.16 feet to 16.15 feet of frontage located on School Street Court.
5. The requested relief, if granted, would allow the Petitioner to reduce the lot from 12,628 square feet
and accordingly, the lot size per dwelling unit and reduce the existing frontage of the property from
116.16 feet to 16.15 feet of frontage located on School Street Court. Adequate access to the property
remains from both School Street and School Street Court.
6. At the public hearing four (4) members of the public spoke in favor, of and one (1) 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:
City of Salem Board of Appeals
June 5,2015
Project:46 School Street
Page 2 of 2
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 lot area, steep slope and
grade of the property.
2. The 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, as the
resulting lot will be similar in size and shape to other lots in the district.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Peter Copelas,Jimmy Tsitsinos, Tom Watkins and Mike Duffy) and one (1) Rebecca Curran (Chair),
opposed, to grant Variances, to allow a reduction in minimum lot area, minimum lot size per dwelling unit,
and minimum lot frontage required to create a rear lot, 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. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. Certificate of Occupancy shall be obtained
7. 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.
8. 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=thin 20
days of fih'ng 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 effect until a ropy of the decision bearing the certificate of the City Clerk has been filed wit,the Essex South
Registry of Deeds.
REy > .
A'4 232015
DCPT.01 PLAN:Ii`IG
cc^ R ,,,•- :. ,...; �,..- IT MY OF SALEM,MASSACHUSETTS BOARD OF APPEALS
% ��:•, PETITION FORM
- < � MY OF SAL.EM,MASSACHUSETTS 2015 APA 28 A If: 39
BOARD OF APPEALS
120 WASHINGTON STREET,3RD FLOOR `I-E if A
SALEM MASSACHUSETTS 01970 CITY CLEF:ih( SALEM, MASS-
Thomas
ASS_
Thomas St.Piecre,Director of Inspectional Services
Phone:978-619-5641/Fax 978-740-9846
KnuiE LEYDmscou. Erin Schaeffer,Staff Planner
MAYOR Phone:978-619-5685/Fax:978-740-0404
TO THE BOARD OF APPEALS:
The Undersigned represent that he/she islare the owners of a certain parcel of land located at:
Address: 46 School Street - Zoning District: R42
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:
lam 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 ofthe rear yard to 22 feet.)
See Schedule A attached hereto.
For this reason I am requesting:
(K)Variance(s)from provisions of Section 4.1.1 of the Zoning Ordinance,specifically from to t
size per dwelling, lot sizg.:%and lot frontage (i.e.minimum depth ofrearyard).
Whatisallowedis 7,500 sq. ft./dwelling=15,000 9X..sgJ7?stories? %?),andwhatl
am proposing is 5,010 s f (Lot 46A) (ft?sq ft?stories?%?).
Frontage allowed is: 100 feet; frontage proposed is: 16.15
( )A Special Permit under Section of the Zoning Ordinance in order to
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: two—family Are Lot Dimensions Included?00 Yes No Why?
(Ezumpte:Two Fnmily 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:
_ ( ) 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.
O 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.
( ) 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.
Ifdif(erentfrom petitioner:
Petitioner: Joyce Dupuis Property Owner:
Address:
46 School Street Address:
-
MX Mitt)
,
Telephone: Telephone:
Email: ._, Email:
Signature, ,l Signature:
(Attxhedeannm letter U alto aaepla6le)
Date. Apri'Y 2J., 2015 Date:
Ifdrjferentfrom petitioner:
Representative: Joseph C Correnti, Esq.
' .Seiafini, -Darling & Correnti, LLP
Address:------ y4_Fa al St:reel
A TRUE Salem, MA 01970
ATTEST Telephone: _
Signature:
Date: ADril:':27, 2015
CITY CLERK DATE DPCD DATE
This original application must 5e filed with the City Clerk.
SCHEDULE A
The Petitioner, owner of 46 School Street, respectfully requests that the Board
grant variances to allow the reduction in lot area of the existing non-conforming
lot in this R-2 Zoning District.
Currently, this parcel does not meet the existing requirements for lot area, lot
width and front and side setbacks. The rear yard is oftentimes unusable and a
hardship to maintain due to ledge outcroppings and topography. The division of
the lot will leave us with 5,010 +/- square feet for our house lot, which is in
keeping with the remainder of the neighborhood.
Our access will remain from School Street Court with the lot frontage being
reduced, thus requiring a variance. The front and side yard setbacks remain
unchanged, while the rear yard setback is reduced but conforming at 54 feet.
The division of this lot in conjunction with a similar division of the abutting 48 -
School Street lot will create a new rear lot, when merged, that conforms with
zoning. This will allow for an improvement to the neighborhood by cleaning up
and utilizing land that currently is unusable.
The size and shape of the existing lot is unique to this zoning district. The
topography of the lot rises in the rear to include substantial ledge outcroppings,
which condition is not seen in the general neighborhood. Relief may be granted
resulting in an improvement to the neighborhood in keeping with the intent of this
R-2 Zoning District. . .
Wherefore, we respectfully request the requested relief be granted.
To the Zoning Board of Appeals,
With regards to the Petition for subdivision of 46 School Street, I hereby
authorize Michael W. Becker and his attorney, Joseph C. Correnti, Esquire, of
the firm Serafini, Darling & Correnti, LLP, to represent my interests in this Petition
before the Salem Zoning Board of Appeal.
Date: April 27, 2015
J4Wce 6.
DD,u�/puis 7' �
QTY OF SALEK MASSACHUMS$OARD OF APPEALS
PETITION FORM
r i CITY OF SALEM,MASSACHUSETTS
s BOARD OF APPEALS
1 e 120 WASHINGTONSIRE6T,3anFLOOR 10I4 OCT 29 P 3 21
SALEM,MASSACHUSETTS 01970
ThomasScPierte,DirectoroEInspectional '
..._��= �� rt
Phone:978-619-5641/I=978440-98461- y
KimSERLEY DRISCOLL Dana Menon,Staff Planner
MAYOR Phone'.978-619-5685/Fax 978-740.9404
TO THE BOARD OF APPEALS:
The Undersiig�ne/d'represent that he/she is/are.the owners of a certgin parcel of land located at:
Address: `T b Qd� Rrf e{ Zoning District:
An aPPIkatmu is behtg 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:
lam proposing to construct o 16'x 10'one storya"dan to my home lasted at 3 Salem Lane,in the R-2 Zoning
District. The Zoning Ordinance.requires the minimum depth ofth'e rearyard to be 30feet. The current depth ofmy
rear yard is 32feet,thepropased addition w ld reduce the depth ofthe rear to 22 feet,)
L 11 Site ee Aftw6
i
For this reason 1 am.requesting:
' QQ Variance(s)from provisions of Section I of the Zoning Ordinance,specifically from
` r 1 y
1� of (Ile, J (i.e. minimum depth ajrear yard). f
What is allowed is - Off' . ' 1 i = ✓'•S(7 ?sqf}?stories? %?),and what I
am proposing is 6 (!??sq jr?stories?%?). {{
O A Special Permit under Section of the Zoning Ordinance in order to i
i
( )Appeal of the Decision of the Building Inspector(described below):
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t
i
O Comprehensive Permit for construction of.low or moderate inyome housing(describe below}
Current Property Use: W Q le":9ith N Are Lot Dimensions Included?Q0 Yes O No Why?
(Example:Two Family Home) 1
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.
{
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1
i
CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS
_ PETITION FORM
The following written statement has been submitted with this application
( ) 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
t) 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.C.L.
Ch.40B 3 20-23.
Previous applications to the Board of Appeals Involving this property have beensubmitted with this petition
form The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
{f&ferentfrom petitioner:
Petitioner:&;11hp6t C,I A t L k-.T 3lIRSeny Owner:�T'/9 y C—C b i r. P1,;
Address: (40 ?(.�'t hd J ��i'tC�W(/ftddress: qb S "-hOOl �'2fi �41 Ertl,
Telephone: 0 U Telephone:
Emaillc vWw/' i -PY 0• jj. L04)Email: Robin
Signature: APIA Signature:
9 V/ (At heticomm leiter4 als acceptable)
Date:. Zpte: !
i
If differentfrom petitioner.-
Representative;
etitioner:Representative;
A TRUE Address:
ATTEST Telephone:
Signature: `
Date:
i
CITY CLERK DATE DPCD DATE
This original application must beftled with the City Clerk
i
I propose to combine part of lot from 48 School st and part of lot from 46 School street to
make a 3rd conforming buildable lot at 2 School street Court. This would make the lot at
48 School Street non conforming because it would not meet lot size for R 2 zone.
The existing lot has a long thin shape with steep topography.This makes the space at the
back of 48 School st lot currently unusable and difficult to maintain. If combined with
space from 46 it would make a new rectangle shaped lot with embankment dwelling
thereby making it usable and an improvement to the neighborhood.
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Zoning Board of Appeals,
With regards to the petition for subdivision of 46 School street,Michael Becker will be my
representative.
dz'.l..�- _ date.. Amy
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DIMENSIONAL REQUIREMENT TABLE FOR ZONE R-2
-�52 MIN/MAX EXISTING MIN. DIMENSIONS PROPOSED MIN. DIMENSIONS
51Oro pp � � CATEGORY REQ
s
Nw O\ a
ZONING DISTRICT: R2 `
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46 School St. 48 School St. NEW LOT 46 School\ St. 48 School St.\ W
� S840'52"W
29.50 yes, I LOT AREA 15,000 SF 12,628 SF+/- 15,399 SF+/_ 16,172 SF 5,010 SF 6,873 SF ,
LOT WIDTH3 n [ id`s'
pa 100' 35.29' 52.37' 100.00' 35.29' 52.37'
�o ty �a 3p"W i
\ 510 5 ou,r,or rtr
LOT COVERAGE 35% 6.2%+/- 8.7% +/- 8.6% 15.8% +/- 20.0% +/_ COInMU ".TY oEv`Lor
i
\ I LOT FRONTAGE 100' 116.15' 52.00' 100.00 16.15' 52.00"
36.4 \
SET BACKS
w o
LEDGE
OUTCROP FRONT
15' (11.51') 6.13' 25.65' 11.51' 6.13'
\ j
% Z SIDE 10 1.04' 1.37' 36.4' 1.04 2.00 gQtts
L
m
O
m d
4
Q
W
m
yy11
30'
O REAR 166.86' 249.56' 31.6'
54.8'.8 0
rc
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30 5'
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N
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J
0 �
J W
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Tf�WtHQIJSE .UNITS � �4
LPIPE n ` MAX. BLDG HEIGHT 35' 2 1/2 STORIES 2 N2 STORIES 2 ?/2 STORIES 2 1/2 STORIES 2 1/2 STORIES NorywOO \ a
(FD.) N \ $ � ..y4.. "'` 2 65 "� 35' MAX 2 1/2 STORIES E
- 2112 STORIES ` o
Y �l
\ =iiiEi?ira!�i5:.ii.—`iiiii•:Ii^:r`'' \ lA a
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31.6' '� LOT 7A 30 \ .E"-.
\
16;172 S.F. \ `
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to QCID
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47.47' \ O i PROPOSED o� z 3
hseV 0
x
29.36 1
`Ln _ 41.2a "E -C
0.3g 3p"E %I N10 Zip 2 FT MIN. Qy rV^ _� Lo
N1 AO 5g WIDTH LANDSCAPING r� �I \ O vJ
00
2 00 V J
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I LOT 46A a CO
5,010 S.F.t I ww d-
39 3p �
Nh . Z '66 z to 0 o
f� La
LOT 5A
6,8 73 S.F.t ' o o c o w D
30.5 EXISTING
DWELLING \ u "��- 0
#46 i Iw N
w 6
cNio n I r M
�G U W N
_ ! A ¢ W Qi
w ] M
Zdish a I N
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ul
� 18 22"W 6 D a Q
to 1561 3� z Q N !L
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x to u\ U
� EXISTING � ;p w
'� DWELLING \ �` o,
o #48 j I® w Z
L N \ w Z
HIM
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A- J W
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58.00 a U)
S86'50'00"W S86050'00"W IRON w W
PIN (FD.)
m 0 N
H Z rs
SCHOOL STREET z "
(PUBLIC-40' WIDE) E N
z W
ZONING R-2 I °� m H
FRONTAGE 100' MIN '>
F 15' i w
SETBACKS S 10' BOARD OF APPEALS
R 30' PLAN OF LAND
IN
LOT AREA 15,000 S.F. MIN.
7,500 S.F. PER UNIT 5ALEM� MA
j DATE IN
10.29-2014
DRAWN BY
i
R.E.M. &W.R.D.
GRAPHIC SCALE j CHECKED BY
U ID ID
� R.E.M. &W.R.D.
SHEET
( ONE INCH = 20 FEET )
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