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5 SUTTON AVENUE - ZBA �.i�' C /^� V I \\ I^l � V .. i ��. �.. Il • r .. � .� � } Z .f s ANDIrl�o CITY OF SALEM, MASSACHUSETTS �l 4 �® i BOARD OF APPEAL ggg 120 WASHINGTON STREET, 3RD FLOOR �I SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 i, FAX: 978-740-9846 c� KIMBERLEY DRISCOLL MAYOR r Or December 26, 2008 ° Decision City of Salem Zoning Board of Appeals o Petition of D.L. COTE requesting a variance from maximum number of stories, to allow for the construction of a third story on an existing two- and-a-half story house at 5 SUTTON AVENUE (R-1). A public hearing on the above Petition was opened and closed on December 17, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The following Zoning Board of Appeals members were present: Robin Stein (Chair), Beth Debski, Annie Harris, Richard Dionne, and Jimmy Tsitsinos (alternate). Petitioner seeks a variance pursuant to Table I of the City of Salem Zoning Ordinances. Statements of fact: 1. The petitioner, D.L. Cote, represented himself at the hearing. 2. The property at 5 Sutton Avenue is owned by Robert J. Zakian. The owner submitted a letter authorizing the petitioner to file an application with the Board of Appeals. 3. The property at 5 Sutton Avenue is a two-and-a-half story, single family home in the Residential One Family(R-1) district. 4. In a petition dated November 25, 2008, the applicant requested a variance from maximum number of stories to allow for the construction of a third story at 5 Sutton Avenue. 5. The third-story space shown on the plan submitted by D.L. Cote, titled "Residential/Renovations for 5 Sutton Avenue, Salem, MA 01970," dated 10/27/08, is twelve (12) feet by six (6) feet. 6. D.L. Cote had already completed construction on the addition at the time of the hearing. The actual area of the completed third-story space is nine (9) feet by six (6) feet. 7. At the public hearing, several members of the public expressed approval of the construction that has taken place, but also expressed concern that the addition Should be limited only to the cupola constructed and that an entire third floor 2 should not be permitted. A resident also communicated via email his satisfaction with the project as long as any changes preserved the historic character of the house. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. The variance requested is not contrary to the public interest and, owing to special conditions; a literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in substantial hardship, financial or otherwise. 2. There are circumstances including the size and shape of the lot and the use and condition of the existing building which especially affects the Locus but does not affect generally the zoning district in which the Locus is located. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. A variance from the maximum number of stories allowed is granted to permit the exiting 6' by 9' addition to remain. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Debski, Stein, Harris, Dionne and Tsitsinos) and none (0) opposed, to grant petitioner's requests for a variance subject to the following terms, conditions, and safeguards: 1. 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. The newly constructed third-floor area is not to exceed six (6) feet by nine (9) feet. 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 new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to 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. 3 S. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 9. 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 of 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. S.i i,7n1' Robin Stein, Chair Salem Zoning 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 effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. Page 1 of 1 Danielle McKnight From: Larry Spang [Spang@arrowstreet.com] Sent: Wednesday, December 17, 2008 5:02 PM To: Danielle McKnight Subject: ZBA Petition for 5 Sutton Avenue To the Chair and Members of the Zoning Board of Appeals: Due to a scheduling conflict, I am unable to attend tonight's hearing on 5 Sutton Avenue in the Willows. As a resident of the neighborhood, I would like to forward my comments on the proposed petition to expand the third floor of the house. As some of you may remember, at previous ZBA hearings I have advocated preserving existing historic houses in the Willows as an important contributors to the character of the neighborhood. I have walked by the house at 5 Sutton Avenue and feel the work that has been performed to date has done a decent job of balancing the desire to improve the 2nd floor spaces while preserving the character defining features of the house - the front porch, end facing gable, etc. I have not seen the full set of proposed improvements, but would hope that the dormers and roof monitor would be finished with appropriate windows, siding, and trim to match the existing house. Assuming the work continues to be sympathetic to the historic character of the house,I would support the Applicant's petition for zoning relief for the third floor expansion. Thank you for the opportunity to submit my comments electronically. Please feel free to contact me if you have any further questions or comments. Larry Spang 125 Columbus Avenue RECEIVED DEC I 1 2008 DEPT.DF PLANNING& CORM,q"rgny Ov onrc"T 12/17/2008 2 WINDOW SCHEDULE ID / CAT. NO. ROUGH OPENING (WxH) REMARKS Z e P7. co AWNING WINDOWS LL ~ rn — w A351 2'-016" x 3'-5%" ANDERSEN AWNING WINDOW H � = CASEMENT WINDOWS (29L) o w a N C12 2'-0%" x 2'-0%" ANDERSEN AWNING WINDOW CW12 2'-0%. x 3'-4316" ANDERSEN AWNING WINDOW Q Q Q CN32 2'— ANDERSEN AWNING WINDOW W 0�" x 5'-1kt" Q � C235 3'-5%" x 4'—O2" ANDERSEN AWNING WINDOW _ 12 = W L DOUBLE—HUNG WINDOWS V cr w I TW18310 1'-1016" x 4'-0313" ANDERSEN TILT WASH DOUBLE HUNG WINDOW cc D i TW2032 2'-276" x 3'-43¢" ANDERSEN TILT WASH DOUBLE HUNG WINDOW m TW26410 2'-816" x 5'-0%" ANDERSEN TILT WASH DOUBLE HUNG WINDOW I El NOTES: Cie Cie 1. ALL BEDROOM WINDOWS MEET MASS. EGRESS SPECS OF MIN. 20"WIDTHxMIN. 24"HEIGHT CLEAR OPENING _ WITH 3.3sf TOTAL MIN. NET AREA. �- 2. FIELD VERIFY ALL WINDOW SELECTIONS. 3. NEW ANDERSEN WINDOWS WHERE NOTED. co089 Q4 Z � OFT FLOOR _ — — — — — _ LOFT F OR O 0 Q L) W W W W ■ ❑ > cz m W J W Off Q W (L7Q C) v Q. Z D Vi co N f i� a SECOND FLOOR _ _ ---- - — — SECON FLOOR I NAW 7 Z Q # O r_4 ZO o W -t CD cc o U� d Z LCA W FIRST FLOOR — _ FIRST FLOOR — — — — — — — W O c~d ,. tr 4H fn . I I I I I I DWG NO. I I I I .SOUTH ELEVATION I I A4 U U 1/4" = 1'-0" Li t Y , i V1 m n A Z O r O O A O O C - - h- LF � I £ III m A i O ❑ III � I j � S N � _ m o ❑ II m � N N u0 I til it II I - -I T- W I I I i II N I u N a D II II W I jZL - o - - --- j- m - - - CUT< D —I m 5-0m o L o m Z Z ; z 0 0 O A o RESIDENTIAL/ RENOVATIONS ELEVATION RICHARD W. GRIFFIN * for 5 Sutton Avenue PROJECT REGISTERED ARCHITECT Ul z NUMBER: 101408 o Salem, MA 01970 DATE: a/27/08 37 TURNER STREET SALEM, MA 01970 978-740-9979 SCALE;AS NOTED AL- , RIGHTS RUERVED V R 0 � v � 0 r A A 0 I I PiI � I � I , u N \ El n 1 , C - - 4 - ❑ 1 Z C - A O II :10 O = m 17- M D m in r O A m o O ZZ � O r ZOI p A O A o RESIDENTIAL/ RENOVATIONS ELEVATION RICHARD W. GRIFFIN ►� " for 5 Sutton Avenue PROJECT REGISTERED ARCHITECT NUMBER: 101408 ZDATE: 10/27/08 37 TURNER STREET SALEM, MA 01970 978-740-9979 Salem, MA 01970 SCALE:AS NOTED © ALL RIGHTS RESERVED A • Vl m n VD Z p O rr O p O A A O A 1 I ' m i II, I! P II ISI . Ii m i. w � I �C N I N P - O 1 Am u cn a M M < O '- w r M O � o � z � � o r O O -n A O O A A o RESIDENTIAL/ RENOVATIONS ELEVATION RICHARD W. GRIFFIN oPROJECT for 5 Sutton Avenue NUMBER: 101408 REGISTERED ARCHITECT Salem, MA 01970 DATE: b/27/OB 37 TURNER STREET SALEM, MA 01970 978.740-9979 SCALE:AS NOTED © ALL RIGHT$ RESERVED o Z LL LL v � w d 0 U cr Q Q 2 �V� W 2 W M � cs W U) H ROOF CONSTRUCTION: 612 _ Q w 2"xg's@ 16'o.c. = W F 5/s" PLYWD SHEATHING SPRAY-FOAM INSULATION: N - R313 IN CEILING 2 15v BUILDING FELT FIBERGLASS/ASPHALT SHINGLES U n r) 12 12 LOFT FLOOR _ 9�� - _ _ _ �� _ LOFT FLOORco W , DORM R A DITIO O ~p TURNIIIG POINT 8 z i Z oR �, , O � � 4 ¢ WALL CONSTRUCTION: H w W ju. I 2'x4"s@ 16"o.c. O � mw =I I Y2" PLYWD SHEATHING _ — Lu w =Q v i.. SPRAY-FOAM INSULATION: % y_g" r d ZD_N - R22 IN WALLS BUILDING WRAP HORIZ. SIDING TO MATCH EXISTING O I SECOND FLOOR _ — _ — — — — — — — — — = SECOND FLO R i - - - - - - - - - - - - - - - -�- - - - -- - - - - - - - - - - - - - - - - - - �' I z 4 : ' co c0 O Ln U O c0 Z O a SPRAY FOAM (L c -� O TW26410 INSULATION TW26410 j - O IN FLOOR J __j - R30 Q Q FIRST FLOOR FIRST FLOOR Z W Lo E Cr II II uj ° V) . SECTION Q E I I I I I I I I 1 DWG NO. U U U U �q:: — 1' 0" A8