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14 WINTER STREET - ZBA 1 y Wit�lrtt' Skeet' universe www.myuniversalop.com phonei 1-866-756-4676 UNV12113 MADE IN USA r. R i 1 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: A " 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 v w Ln 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 `C W 11r1��-� S�e�-'� i i w�p��� C CCS riva VY_� C v1� 1 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 i I Y S 1 iV' ree S I n 6,bw 0.cc 0 vt 00(6A e _ Y A. L{ For this reason I am requesting: r L•t Y 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 CE,VEC 14 WINTER STREET JAN 251016 SALEM MA COMEPTOF PLAN NING & 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 1 ' NOTES: SEE E.S.D.R.D. PLAN BOOK 6768 PG. 740 & DEED BOOK 18948 PG 23 FOR SITE N/F MARY A. MANNING N38°00'20"W 49.91' _ N/F i IR IR .1 JAMES L. METSCH SET SET KATHRYN E. LEAVY N LO T#2 N AREA=3,151 S.F. PROPOSED ADDITION N 00 N - 0.71' v z N/F v' NANCY C. AMARABH W JAMES P. AMARA 22.52 / o o N/F MARCY F. BERGERON N/F 2 STORY VALERIE F. GIACOBBE cp 15.53' WFD I #14 0.74' cp 15.53' 0) bo BLDG FACE ALONG P.L. 1.36' SB S38'26'00"E 50.00' IR FIND SET WINTER STREET "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 c 0 a o%0F� SCALE: 1"=10' DATE: JANUARY 7, 2016 STEPHEN $ E. t 0 5 10 20 40 o STAPINS � " j 1#200701.j`, 3 �fJ�FGIST�E� °►c daxc 1 /7/16 IIANDOVER,MERRIMACK ENGINEERING SERVICES STEPHEN E. S I4�1R.L.S. 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Ell IQ] m O SECOND FLOOR EL. +8'-9" a ----- -------- ------------------------------- --- ----------- (TOP OF F.F.) UJ I FIRST FLOOR EL. +0'-O"t-�h ______ ____ DECEMBER 15, 2015 (TOP OF FF.) PITMAN II I TM�4N 4 WARDLE10' ARCHITECTS LLC 32 CHURCH ST. SALEM MA OIS10 918 8982 A PROPOSED F=RONT ELEVATION "5 SCALE: I/8" = 1'-0" � _ EXISTING LU THIRD FLOOR EL. +1T-9" (S) (TOP OF FF.) ® ® ® ® � ^ , O ++` SECOND FLOOR EL. N ----- ���--- - --------------------- ------ ---------------- --------------------- (TOP OF F.F.) ® ❑❑ ® — ®rD ! FIRST FLOOR EL. +O'-m" OCTOBER 25, 2015 (TOP OF FF.) -------- --------- -- --- ---- 'P' ITMAN 4 WARDLEY ARCHITECTS LLC 32 CHURCH ST. SALEM MA m19Z0 9l8 -IZ - 8982 A EXISTINGz SfDE ELEVATION a"6 SCALE: I/8" = I'-O" U) m n � N Q T it r r r 0 0 0 ail � dl O m O m O m T n r -ti � *to � �0❑ IR , 1 i i i i i i i � D -p o00 �! m ' 0 ,- 0) m m r ' m D• O O 4 O "'� OUNGWOf;RTH �p 3 M b b A RESIDENCE M0 = r Z N 14 LINTER ST SALEM, 1"L4 EXISTING 1-� ui pz � � � w � � � z THIRD FLOOR EL. +11'-9" f1 (TOP OF F.F.J w '14) ® zo n ® i O / SECOND FLOOR EL. +8'-9" a _ (TOP OF F.F.) LLLJ FIRST FLOOR EL. +0'-0" --------- ----- ------ --- (TOP OF F.FJ OCTOBER 25, 2015 P I TMAN 4 W ARDLEY ARCHITECTS LLC 32 CHURCH ST. 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