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Zoning Board Proiect Status Sheet
Address & Applicant: y
Date Submitted to BOA:
Clerk Stamp: 12 S 1 b
Variances Only - Constructive Approval Date: 000 days from filing)
Abutters List Requested:
a,"'Abutters Notice Sent:
Notice to Abutting Cities & Towns, Councillors:
eI/"Legal Notice posted at City Hall: (1a days before meeting)
e /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: Z 1 1
Continued Meetings:
Closed at Meeting:
Extension Form(s) Signed & Clerk Stamped?
-7
Decision: G cO,
Decision Filed: 4�L Appeal Period Over:
after decision filed) (215'day
I/Decision Sent to Applicant:
3//Notice of Decision Sent to abutters, cities and towns,
councillors:
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ZBA ACTION FORM
'BOARI71VhEIVIBERS MOTICIM SECOND ;VOTE'
Date: Z 17 I (o Rebecca Curran (Chair)
Mike Duffy
Petitioner: Tom Watkins
Peter Co elas
Address: y X11 S \- e-V JimmyTsitsinos
Jim Hacker(Alt.)
Paul Viccica(Alt.)
Total:
Conditions:
❑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.
❑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 (501/o) 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.
' �taNUIT,L,r 4
CITY OF SALEM, MASSACHUSETTS
�.
I AV BOARD OF APPEAL
`-- 120 WASHINGTON STREET 1 SALEM,MASSACHUSETT"l 970
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 { o
MAYOR C
iTl y.
March 2, 2016 ,9
Decision ' t
City of Salem Board of Appeals
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Petition of HIM YOUNGWORTH, seeking Variances requesting relief film Sec 4.1.1 Table of
Dimensional Requirements of the Salem Zoning Ordinance, for relief from rear and side-yard
setbacks, minimum lot area per dwelling unit and minimum lot area to construct a rear addition at
the property of 14 WINTER STREET (Map 35 Lot 88)(R2 Zoning District).
A public hearing on the above Petition was opened on February 17, 2016 pursuant to M.G.L Ch. 40A, g 11
and closed on that date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-
Chair),Mike Duffy,Tom Watkins,Jimmy Tsitsinos,Jim Hacker (Alternate).
The Petitioner seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem
Zoning Ordinance, for relief from teat and side-yard setbacks, minimum lot area per dwelling unit and
minimum lot area to construct a rear addition.
Statements of facts:
1. The petitioner Kin Youngworth presented the petition.
2. In the petition date-stamped January 25, 2016, the Petitioner requested a Variance from Section 4.1.1
Table of Dimensional Requirements of the Salem Zoning Ordinance, for relief from rear and side-yard
setbacks, minimum lot area per dwelling unit, and minimum lot area to construct a rear addition.
3. After closer review of this project by the Building Commissioner, it was his determination that the
petitioner could request a special permit from the provisions of Sec. 3.3.5 Nonconforming Single-and Two-
Family Residential Structures for the proposed reconstruction, extension, alteration, or change such that
the proposed modification will not be substantially more detrimental than the existing nonconforming
structure to the neighborhood.
4. The current property is a dimensionally nonconforming two-family home located in an R2 Zoning
District.
5. The petitioner proposes to remove the existing dilapidated addition and rebuilt it. The petitioner
proposes to extend the addition toward the rear yard lot line by an additional 1.5 feet to allow an
internal stairway to meet building code requirements.
6. The petitioner also plans to construct a second egress where there was once a window on the fist
floor of the addition.
7. The requested relief,if granted,would allow the Petitioner the proposed reconstruction, extension,
alteration, or change such that the proposed modification will not be substantially more detrimental
than the existing nonconforming structure to the neighborhood.
City of Salem Board of Appeals
March 2,2016
Project: 14 Winter Street
Page 2 of 3
8. At the public hearing three (3) members of the public spoke in favor of and none (0) 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:
The Board finds the proposed modification will not be substantially more detrimental than the
existing nonconforming structure to the neighborhood.
1. Social, economic or community needs are served by the proposal are that the modifications are in
keeping architecture of the building.
2. Traffic flow and safety,including parking and loading will not be impacted.
3. Adequacy of utilities and other public services will not be changed.
4. Impacts on the natural environment,including drainage will not be changed.
5. The proposed architectural style is in keeping with the existing architectural style of the building.
6. Potential fiscal impact,including impact on the City tax base and employment will be positive.
On the basis of the above statements of facts and findings,the Salem Board of Appeals voted five (5)in favor
(Peter A. Copelas (Vice-chair), Tom Watkins, Mike Duffy,Jimmy Tsitsinos, and Jim Hacker (alternate) and
none (0) opposed, to grant a Special Permit from the provisions of Sec. 3.3.5 Nonconforming Single and T"-
Family Structures of the Salem Zoning Ordinance to extend, alter or change the structure to allow the
construction of a rear deck, subject to the following terms,conditions and safeguards:
Standard Conditions:
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 Occupancy shall be obtained
6. A Certificate of Inspection shall be obtained.
7. Petitioner shall obtain a 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.
t
City of Salem Board of Appeals
March 2,2016
Project: 14 Winter Street
Page 3 of 3
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal firm this deanon, if any, shall be made pursuant to Section 17 of the Massachusetts General laws Chapter 40A,and shall be filed within 20
days of fikng of this deasion in the office of the City Ckrk Pursuant to the Massachusetts General laws Chapter 40A, Section 11, the Variance or
Special Permitgranted berein shall not take eect until a copy of the decision bearing the certificate of the City Clerk bar been filed with the Essex South
Registry of Deedr.
/ I 9
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Erin Schaeffer
From: vtsdmailer@vt-s.net on behalf ofjlnmetsch@gmail.com
Sent: Wednesday, February 17, 2016 3:58 PM
To: Erin Schaeffer
Subject: [City of Salem MA] ZBA - Kim Youngworth, 14 Winter Street
Hello eschaeffer,
James Metsch (ilnmetsch@gmail.com) has sent you a message via your contact form
(http://www.salem.com/user/326/contact) at City of Salem MA.
If you don't want to receive such e-mails,you can change your settings at http://www.salem.com/user/326/edit.
Message:
Dear Rebecca Curran, Chair, Members of the Board, City of Salem
Jamie Metsch and Kate Leavy here from 18 Oliver St, rear abutting neighbor to applicant. We would like to express our
approval of Kim's project and plans to expand the existing footprint and construct a rear addition to her home.
We witness the care Kim is taking to restore this older property and appreciate the needs to accommodate modern code
and living comforts.The finished result will be a compliment to both the historic and present neighborhood.
Respectfully
Jamie Metsch & Kate Leavy
18 Oliver St
Salem MA 01970
1
it
To: City of Salem,Zoning Board of Appeals
From: Nancy Amara
Date: February 17,2016
Subject:Zoning variance, 14 Winter Street
I am writing to support the variance requested by Ms. Kim Youngworth to extend her structure at 14
Winter Street.
I have observed the quality of workmanship that Kim is using to restore her property to its original state
with modern infrastructure. In addition,the worksite has been kept in a clean and orderly fashion, and
Kim has made every effort to be a considerate neighbor during this lengthy process.
I am confident that 14 Winter street will become a beautiful addition to our neighborhood!
Please support Kim in her efforts.
�� ILGCJIC�.�
Nancy Amara
16 Winter Street
Salem MA
CYN OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SA.LEM,MASSACHUgTTS
¢ BOARD OF APPEALS RECEIVED
120 WAS-IINGTON STREET,3W FLOOR
r SALEM,MASSACHUSETTS 01970
\ Thoma;3.Rare,Director of Inspectional Saroces JAW 5 2016
Phone 978-619-5641/ Fac 978-740.9846
ER PT. OE-PLANNING &
KvmERLEY Djusco.L Erin Shaeffer,Staff Planner Co"UINITP)EVELOPMENT
MAYOR Phone 978-61956&5/ Fac:978-7440404
<<, c n
TO THE BOARD OF APPEALS D
6?1
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: N
3 "
Address: y GU l h t�r lQ�f Zoning District: N
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 VY one story addition to rry home located at 3 Salem Lane, i n 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.)
12 V Co a e a Ye r
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For this reason I am requesting:
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N 2s (
Variance(s)from provisions of Section .1.1 of the Zoning Ordinance,specificIV
i.e. mthTniumddept o rearyard.
Z What is allowed is // (ft?sq ft?stories? %?), and what I
am proposing is J fl t rfct/L lam (f1?sq ft?stories?%?).
0.7_/ On *Z(
( )A Special Permit under Section of the Zoning Ordinance in order to
( )Appeal of the Decision of the Building Inspector(described below):
1-1
O Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: Are Lot Dimensions Included?OkYes ( )No Why?
(&x mpte:Two Fa *dlow)
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.
( ) 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.
/ q If dierent from petitioner:
Petitioner:K 1 YYl 1 •Y0 U n0 W d(-jj') Property Owner:
Address: WIn+"er 5trzP - Address:
lig-ig- S14 — 11-4-0 Telephone:
Email: f 3 @ NG4 C0YVmail:
Signature: Signature:
Attar red anent letter' /so acceptable)
Date: / Date: I
If different from petllioner.
Representative:
A ,SUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk
ZONING PACKAGE
YOUNGWORTH
RESIDENCE RE
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14 WINTER STREET JAN 251016
SALEM MA COMEPTOF PLAN
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f MUNITYDEVELop 1ENT
JANUARY 12, 2016
EXISTING SQUARE FOOTAGE \/
BASEMENT FLOOR 996 80,FT.
FIRST FLOOR 1,139 SQ FT. ` _ P MA '�VT �Q/�
SECOND FLOOR 1,102 SQ.FT. \ V\ i U yL � , &
TFLOOR 583 SFT. _ WARDLEY
TOTAL 3,998 SQ.a FT. a.
PROPOSED SQUARE FOOTAGE 9Ak% ARCHITECTS LLC
BASEMENT FLOOR 996 W.FT.
FIRST FLOOR 1,161 SQ.FT. % to a
SECOND FLOOR 1,129 Sa FT. 32 CHURCH ST.
THIRD FLOOR SOS SQ FT. ° `
TOTAL 3,849 SQ FT. R• is is C A i EM, MA OWO
NET ADDITION 49 Sa FT. �7L�LwP�lYl l4IL"l 17
' 8 LOCUS MAP 978 - 744 - 8982
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NOTES: SEE E.S.D.R.D. PLAN BOOK 6768
PG. 740 & DEED BOOK 18948
PG 23 FOR SITE
N/F
MARY A. MANNING
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SET SET KATHRYN E. LEAVY
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"I HEREBY CERTIFY THAT THE DWELLING IS PLAN OF LAND
LOCATED ON THE LOT AS SHOWN AND THAT IT IN
DOES CONFORM WITH THE CITY OF SALEM
ZONING REGULATIONS REGARDING SETBACKS SALEM, MASSACHUSETTS
FROM STREETS & LOT LINES.
"I FURTHER CERTIFY THAT THIS DWELLING IS NOT DRAWN FOR
LOCATED IN THE FEDERAL FLOOD HAZARD AREA SHOWN HIM YOUNGPWORTH
g ON FEMA COMMUNITY PANEL #25009CO419G DATED 14 WINTER STREET
JULY 16, 2014." SALEM, MASSACHUSETTS 01876
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