65 TREMONT STREET - ZBA 65 'f fe menk 5
Zoning Board Project Status Sheet
Address & Applicant: 65 TQAWI. - <54-
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Date Submitted to BOA: 6 . 24 l 4
2�' Clerk Stamp: 6 Z Q
Variances Only - Constructive Approval Date: (1al days from Ming)
Fi,`� Abutters List Requested:
Eg-, Abutters Notice Sent:
RINotice to Abutting Cities & Towns, Councillors:
2z Legal Notice posted at City Hall: (14 days before rneeeng)
o/Legal Notice Emailed & Confirmed:
rad Legal Notice Posted on Web:
rEf/ Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: -q • k (� • ( `f
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: `� l6 t 4-
Decision:
Decision Filed: z l l Appeal Period Over:
atter dccision Piled)
cY/ Decision Sent to Applicant: i
E�/ Notice of Decision Sent to abutters, cities and towns,
councillors: z�
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CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
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-1 A 10* 42
120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970
KIMmRLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE #
MAYOR CITY CLERK, SALEM. MASS.
August 27, 2014
Decision
City of Salem Board of Appeals
Petition of BRIDGET K. PAGE requesting a Special Permit per Section 3.3.4 of the Salem Zoning
Ordinance to allow the extension of an exterior wall along an existing nonconforming distance
within a required side yard, in order to construct a second story addition at the property located at 65
TREMONT STREET (112 Zoning District).
A public hearing on the above Petition was opened on July 16, 2014 pursuant to M.G.L Ch. 40A, 5 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. Copelas (Alternate).
The Petitioner seeks a Special Permit from Section 3.3.4 of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped June 24, 2014, the Petitioner requested a Special Permit to extend an
exterior wall along an existing nonconforming distance within a required side yard, in order to
construct a second story addition to a single-story portion of the existing structure.
2. Ms. Veronica Hobson, Residential Designer, presented the petition for the property at 65 Tremont
Street.
3. The proposed addition will be over the footprint of the existing structure, with a 2-foot overhang at
the rear of the building.
4. The roof height of the proposed addition would be lower than the roof height of the existing two-
story portion of the building.
5. The requested relief, if granted, would allow the Petitioner to construct a 12-foot 9-inch by 13-foot
9.5 inch second story addition over a single-story portion of the existing single-family residence.
6. At the public hearing, no members of the public spoke in favor of, or 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 petitions, 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:
1. The community needs served by the proposal will be unchanged from the existing condition.
2. The parking and loading will be unchanged from the existing condition.
3. The impact on utilities and public services will be unchanged from the existing condition.
4. The impact on the natural environment will be unchanged from the existing condition.
City of Salem Board of Appeals
August 27,2014
Project: 65 Tremont Street
Page 2 of 2
5. The proposal will improve the neighborhood character.
6. The proposal is an improvement to the property, so it will have a positive economic and fiscal impact.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Mr. Watkins, Ms. Curran, Mr. Copelas and Mr. Duffy in favor) and none (0) opposed, to grant the
requested Special Permit to allow the extension of an exterior wall along an existing nonconforming distance
within a required side yard, in order to construct a second story addition, 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 new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board �p
IIGr.lz6m C/"Vyz h /psly"
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fmm this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Lows Chapter 40A,and shall be filed within 20
days of fzhng 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.
® 1Z_
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
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PETITION FORM
o CITY OF SALEM,MASSACHUSETTS
`C" Z W 'i.' BOARD OF APPEALS
N a :54
120 WASHINGTON STREET,3RD FLOOR -�
O z Y SALEM,MASSACHUSETTS 01970 r
L e L n -tmmts 'Phomas St.Pierre,Director of Inspectional Services r* Z
py-d O U Phone: 978-619-5641 /Fax:978-740-9846 - r... N
d� Klti113e2t.ev Dalscot.t, Dana Menon,Staff Planner >"'
MAYOR Phone: 978-619-5685/Fax:978-740-0404 {T' D
TO THE BOARD OF APPEALS: 4?
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address: (05 Zoning 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:
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 30feet. The current depth of my
rear yard is 32 feet the proposed addition would reduce the depth of the rear yard to 22 feet.)
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For this this reason 1 am requesting: 13� 5�t/, 13�tT 1 S Ot-t-1EYZ1.-�1b� Gv�.IFvlzl`l l r-1 Grp.
O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e. minimum depth ofrear yard).
What is allowed is (fl?sq ft?stories? %?), and what I
am proposing is (ft?sq ft?stories?%?).
0 A Special Permit under Sectionof the Zoning Ordinance in order to F_a�-TEt-110 "R-a�
�Tt2-�aG'i"lat2� A-l-e.,�--1.G Tr-IE f�-e•--lE �1�...�• GU,...dFc�121-1t.-aL 1�15TP-1--�G.>✓
( )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:'J1.-I L-I!_�-' Fb+--114--(tire Lot Dimensions Included?(/)Yes ( )No Why?
(Example:Two Family Home)bI--1 F_;f LA�I"6-
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.
0 �
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 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.
(�1 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.
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
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
If different from petitioner.
Petitioner:// r-s t 11 ' ° F erty Owner:
Address: �u�� Address:
Telephone: d 5 1 Z 3 q, /t Telephone:
Email:11 X1 X f tM�� •C-O "A Email:
Signature: Signature:
(Attached consertt letter is also acceptable)
Date: 2 . ate: - -
If d fferent from petitioner.
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE,
This original application must he filed with the City Clerk.
SALEM ZONING BOARD OF APPEALS
Applicant: Steven Ashley & Bridget Page
Address: 65 Tremont Street
District: R-2
Relief: A Special Permit to construct a 13'-9"+/-x 12'-9" second story addition to
an existing single-family dwelling that currently exceeds the front setback
by 14.8'+/-, the right setback by 8.0'+/-, and sits on a lot with less than the
required lot area, frontage and width. (See Section 3.3.4 of the Zoning
Ordinance, attached)
Proposal: The addition is to be built over an existing 13'-9"+/-x 10'-9"single-story
room at the rear of the home that currently exceeds the right side yard
setback by 5.0'+/-. The addition will align with the right side wall and
extend toward the rear yard an additional 2.0' but will not encroach on the
side yard setback any further than the existing 5.0'+/-.
The second floor addition will not be detrimental to the neighboring
properties and will not alter the natural environment in any way. Since the
addition is at the rear of the home, there will be no negative impact related
to traffic, utilities, drainage, or neighborhood character.
11
I. Reconstructed, extended or structurally changed;
2. Altered to provide for a substantially different purpose or for the same purpose in a
substantially different manner or to a substantially greater extent.
3.3.4 Variance Required. Except with regard to single and two-family structures as provided in
subsection 5, below, the reconstruction,extension or structural change of nonconforming structure in
such a manner as to increase an existing nonconformity, or create a new nonconformity, shall require
the issuance of a variance; provided, however, that the extension of an exterior wall at or along the
same nonconforming distance within a required yard shall require a special permit and not a variance
from the Board of Appeals .
3.3.5 Nonconforming Single and Two Family Residential Structures. Nonconforming single and
two family residential structures may be reconstructed, extended, altered, or structurally changed upon
a determination by the Building Commissioner that such proposed reconstruction, extension,
alteration, or change does not increase the nonconforming nature of said structure. The following
circumstances shall not be deemed to increase the nonconforming nature of said structure:
I. Alteration to a structure located on a lot with insufficient area which complies with all
current setback, yard, building coverage, and building height requirements,
2. Alteration to a structure located on a lot with insufficient frontage which complies with
all current setback, yard, building coverage, and building height requirements.
3. Alteration to a structure which encroaches upon one or more required yard or setback
areas, where the alteration will comply with all current setback, yard, building coverage and
building height requirements.
In the event that the Building Commissioner determines that the nonconforming nature of such
structure would be increased by the proposed reconstruction, extension, alteration, or change,the
Board of Appeals may, by special permit, allow such reconstruction,extension, alteration, or change
where it determines that the proposed modification will not be substantially more detrimental than the
existing nonconforming structure to the neighborhood.
3.3.6 Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or
not used for a period of two years, shall lose its protected status and be subject to all of the provisions
of this Ordinance.
3.3.7 Reconstruction after Catastrophe. Any nonconforming structure may be reconstructed after
a catastrophe in accordance with the following provisions:
I. Reconstruction of said premises shall commence within two years after such
catastrophe.
2. Building(s) as reconstructed shall be located on the same footprint as the original
nonconforming structure, and shall be only as great in volume or area as the original
nonconforming structure.
3. In the event that the proposed reconstruction would (a) cause the structure to exceed the
MAP 16 LOT 284
TAYLOR JAMES BARTON
8 IRVING STREET
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40'
MAP 16
LOT 309
MAP 16 LOT 311 AREA=
ZINDELL & MICHEAL LAWRENCE 5,230± S.F.
12 GROVE STREET
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MAP 16 LOT 308
FIDUCIAL INC
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NORTHERN VENTURES INC. 2ND FLOOR
8 GROVE STREET
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TREMONT STREET
ZONING DISTRICT - R2
PROPOSED
REQUIRED EXISTING ADDITION
LOT AREA 15,000 5230 1 5230
LOT FRONTAGE 100 40 40
FRONT 15 0.2'± N/A
SIDE 10 2'± 5'f
REAR 30 86'± 84'±
LOT COVERAGE 35%MAX 17% 17.5%
ZONING BOARD OF APPEALS PLAN
65 TREMONT STREET
SALEM
PROPERTY OF
HEREON ARE LOCATED Y THAT THE UON BUILDINGS STEVEN ASHLEY & BRIDGET PAGE
THE GROUND AS SHOWN. SCALE 1" = 20' FEBRUARY 24, 2014
NORTH SHORE SURVEY CORPORATION
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