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12 OAK VIEW AVENUE - ZBA Z OCA�V i P�c,J � . � � � r 7 � ` 001 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASI IINGTON S 111FEk 1'* SALFNI,\LASSACI 11J, I'MAY Ki ) 3 A 11: �%imizuw DRISCOLL D.i,i�:978-745-9595 * Fz\x:97 7�1 M'Xyolt FILE rf May 13, 2014 CITY CLERK, SALEM. MASS Decision City of Salem Board of Appeals Petition of DANIEL R. HALL requesting a Special Permit under Section 3.3.5 Nonconforming Single- and Tivo-Family Residential Structures of the Salem Zoning Ordinance to allow an expansion of an existing non-conforming structure, in order to expand an existing 1 '/z story dwelling to a full two-story dwelling, over the existing footprint, for the property located at 12 OAKVIEW AVENUE (Rl Zoning District). A public hearing on the above Petition was opened on April 16, 2014 pursuant to M.G.L Ch. 40A, § 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Dionne, Mr. Duffy, Mr. Watkins, and Mr. Copelas (Alternate). The Petitioner seeks a Special Permit from Section 3.3.5 Nonconforming Single- and Two-.Family Residential Slructures of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped Match 24, 2014, the Petitioner requested a Special Permit in order to expand an existing nonconforming single-family residential structure, by expanding the existing 1 /2 story Cape Cod style dwelling to a full two story house, over the existing building footprint. 2. Mr. Richard Griffin, project architect, presented the petition for the property at 12 Oakview Avenue. 3. The existing structure is approximately 15 feet in height. The proposed structure will be 23 feet and 2 inches in height 4. The existing structure is non-conforming to the ten-foot required minimum width of side yard. The existing building falls within five feet of the east lot line. The existing lot is non-conforming with less than the required 15,000 square foot lot area and 100-foot minimum lot width, with a lot area of 5,600 square feet and a lot width of 50 feet. No changes to those non-conforming dimensions were proposed. 5. The proposed structure would be in a Colonial style, and would be finished in clapboard. 6. The requested relief, if granted, would allow the Petitioner to expand,the existing non-conforming single-family structure to two stories from the existing 11/2 stories. 7. At the public hearing, no members of the public spoke in favor of or in opposition to the proposal. 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 — Special Permit to allow the expansion of an existing nonconforming single-family residential structure: l City of Salem Board of Appeals ` May 13, 2014 Project: 12 Oakview Avenue Page 2 of 2 I. The community's needs are being met by the proposal, accommodating a family seeking to stay in the neighborhood. 2. There will be no negative impact on traffic flow or safety. 3. The adequacy of utilities and public services to the building will remain the same as existing. 4. The structure will remain a single family building, and the increased size will not make a significant impact on the neighborhood character. 5. There will be no negative impacts on the natural environment, including views. 6. The value of the home would increase, resulting in an increased tax base. This would have a positive economic and fiscal impact. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Mr. Watkins, Ms. Curran, Mr. Dionne, Mr. Duffy and Mr. Co elas in favor)) and none (0) opposed, to grant the requested Special Permit to allow the expansion of an existing nonconfoinring single-family residential structure, 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 14ecclo� Gam , Rebecca Curran, Chau Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERIC Appeal fmov Ibis decision, rf any,.shall be made pursuant to,Section 17 of the Massachusetts General Laws Chapter 40A, and shall be file(within 20 days of filing of this decision in the o�ie of the Csty Clerk. Purrrrant to the Massachusetts General Laws Chapter 40A, Section 11, the Va»ante or Speaal Permitgranted herein shall not take effect until a copy of the decision bearing the certificate of The City Clerk har been filed with the Essex SouthRegistry of Deeds. i CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS !c PETITION FORM a✓� CITY OF SALEM,MASSACHUSET"I'S BOARD OF APPEALS rL 5 120 WASHINGTON STREET,3an FLOOR SALEM,MASSACHUSETTS 01970 s oavl 0 P;`pt,PS;SI' ,yh,� fii Thomas St.Pierre,Director of Inspectional Servic,1014 MAR 24 P 15b d ! Phone:978-619-5641 /Fax: 978-740-9846 C3� KIMBERLEYDRiscoLL Dana Menon,Staff Planner FILE # MAYOR Phone:978-619-5685 /Fax:978-740-0404 CITY CLERK, SALEM, MASS. TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address:12 Oakview Ave Zoning District: R_1 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 of the rear yard to 22 feet.) We are proposing the expansion of an existintg 1 1/2 story Cape Cod Style Dwelling to a full two story House over the exisitng footprint of the existing building as shown on the attached drawings The final height of the building will be 23'-2"to the midpoint between the cave and the ridge,the exisitng height of the building is approximately 15'-0"to the midpoint between the eave and the ridge.The building is in complaince with the Salem Zoning Ordinance with the exception of Lot Area,Lot Width and the East Side Yard Setback For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (i.e. minimum depth ofrearyard). What is allowed is (ft?sq ft?stories? %?), and what I am proposing is (ft?sq ft?stories? %?). (y)A Special Permit under Section 3 .3 the Zoning Ordinance in order to Expand the existing building as described in the attached drawings, 'n t ' arl nn f m'ty '1-h rhp F t girl th l.y1narea , and lot width. ( )Appeal of the Decision of the Building Inspector(described below): O Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: Single Family Are Lot Dimensions Included?(X)Yes ( )No Why? (Example:Two Family Nome) 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: 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. (�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. If different from petitioner: Petitioner: Daniel R. Hall Property Owner: Address: 12 Oakview Ave. Salem, MA Address: Telephone:978-590-7773 Telephone: Email: dahall@ampf.com Email: Signature: f ^� Signature: (Attached consent letter is also acceptable) Date: Date: If different from petitioner: Representative: Richard Griffin Architect A TRUE Address: 37 Turner Street Salem, MA ATTESTTelephone: 97 ;7 -, 9 c Signature: Date: "7i0' CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. MAP 21 LOT 147 rn MADALYN R SALVAGGIO o Y 112'-0" 10 OAKVIEW AVENUE Z17 v LL I.- -1< w a LLLU • rn ¢� - 0 r�rt ~ Ori >0 o ¢ V U o w • W o w I EXISTING SETBACK C() 0 • W W c7 ha NO MEN SIMMONS a SIMMONS 0 � . • W ran 15'-0" I PROPOSED SECOND STORY ADDITION Q j W i SETBACK I I I = W ¢ • • W PROPOSED NEW GABLE ADDITION Z I I ¢ r I EXISTING SETBACK MAP 2I1I OT 148 I EXISTING PORCH I o • • 56'-7 1/2"+/- EXISTING /2"+/-EXISTING SETBACK TO HOUSE I I o C:) 0 • • I i EXIST. DECK r � T II I • • CN W I EXIST. FOOTPRINT I I I I U O • TO REMAIN UNCHANGED • I U' --j m W L • • O � am Q U I CL Z 0 (n • • U • • • • • • SIMMONS • • • • • I m • + w Y SHED I o rn o U U o F W W • W O n _ O 112'-0" = Q (Z KEY o GENERAL NOTES: Zoning Information U m 1. ALL EXISTING BUILDING SETBACKS Zoning Requirments Required Existing Proposed (U) U • PROPERTY LINE AND ZONING SETBACKS ARE TO REMAIN UNCHANGED _ . _ . EXISTING FOUNDATION LINE / / / / / // / /// / 2. PLAN IS BASED ON SURVEY BY Lot Area (Acres/Square Feet): 15,000 sqft 5,600 sqft NC O Q NORTH SHORE SURVEY W DATED: 2/24/14 Lot Width (Feet): 100 ft (Min) 50'-0" NC U 06 3: Front Yard Setback(Feet): 15 It(Min) 19'-0"+/- NC W a)- -� 15' 10' 20' / #14 / Rear Yard Setback (Feet): 30 ft(Min) 46'-0"+/- NC 0 / Side Yard Setback (Feet): 10 ft (Min) 5'-0"+/- NC U Co O MAP 21 LOT 149 W / ZACHARY M &GINA BILLINGS Average Height (Stories/Feet): 35 It (Max) 15'-2 3/8" 23'-2" 0 (V T 14 OAKVIEW AVENUE Building Coverage (Square Feet): 30% 17%+/- NC DWG NO. SITE PLAN Authorizing Town/City: Salem, MA _ -V G1 Zone District: R1 'NC = No Change j °�•� "m'-0.i� ' r-y 1sy�rpry �n2�11 tS v. ,,,'"A �. e(1114�r Y� I� ���� $1•.y(�\.gyp "t ;'• r4 t 'YSp( t -04V r t n ZI _ $w X l Ada � �lx , rrio-t��Ir1�. f 1��• `` �t � k� Y� IpN' 1 p ' v '°`.'-- 4'4,6 ' ,• � y � �.lp M,`@� t kAS V i' ,. Lj � f�b ►ti V f 4 , +ttY10-0 f �.. ,,nF' M' _ a b� arm '!p'l f asses pt ti 14 ` in �. 5 n OINC Is lain la a in x oIdol i lot ar 3 _ ty f ISL r� 1 k \ 4 t r 1�ti4 " y T\VT 6�I qy I N_ 1� k9i • PROJECT . 0• • DATE: 03/05/14, • o O. 1 • 32'-0 1/2" EXISTING DIMENSION II � II O O --- - I m ___ ___� � C Z N Z G) UI ___ 0 m W O m A p K � Z Z REF. O z 0 m II ai z __ II II II 0 ° r ° L__ x Cn O Z °D 7] G7 2 m N z (n z m z 0 O r C: N Z � m x 1s'-01/z' II EXISTING DIMENSION _ i I o X 1 m I -n m n O z I O I � I r D Z RESIDENCE for PROJECT RICHARD W. GRIFFIN NUMBER: 14-09 Daniel & Jessica Hall REGISTERED ARCHITECT —16 zz DATE: 03/21/14 37 TURNER STREET SALEM, MA 01970 975-740-9979 12 Oakview Ave Salem, MA 01970 SCALE: 1/4" = V-0" ©ALL RIGHTS RESERVED 32'-0 1/2" EXISTING DIMENSION � co - m ci, o 00 II D rn � o � W cn O I m O X ❑ 3 ❑ Z Cnn 0 _ m a z I� -Z — z 0 z O III I m _71O I � a II o�� II l i �o> V M EE: II ® II oz II II II I II II II a 77 0 \/ -170 M D a O O_ Zz n O a oz O 20'-01/2° ADDITION (AT SECOND FLOOR) 1 Cn El � m n m II O x 1 Z � CD c� = m r- O 70 = m r 0 D Z RESIDENCE for PROJECT RICHARD W. GRIFFIN DNUMBER: 14-09 � REGISTERED ARCHITECT N z Daniel & Jessica Hall DATE: 03/21/14 37 TURNER STREET SALEM, MA 01970 978-740-9979 O 12 Oakview Ave Salem, MA 01970 SCALE: 1/4" = V-0" CALL RIGHTS RESERVED _ Imim KIM Uu �i =.... =■■■ ■■■ ■■■ ■■■■ ■■■ ■■■!'■■■ ■■■ ■■■ mom mom ■■■ ■■■■ �_ - ■ • . • • - • . • • - . . ❑ _ _ ■■■■ I ■■■■ ■■■■ _ mom ■. -loll .. .... ....i - �• • •�� I�� 11 1 ' 11 1 - • ■ ■■■■ �� I ■■■ ■■■ • ' = ■■■■I ■■■ ■■■ mail— mi IIIIIIIII - .. - 11>Iii ISI"Illi'J '' °° II ! I • • - 1 1 �1 i t� i tt i ® 1 / RESIDENCE for PROJECT RICHARD W. GRIFFIN NUMBER: 14-09 � REGISTERED ARCHITECT 1� Z Daniel & Jessica Hall DATE: 03/24/14 y-+ O 37 TURNER STREET SALEM, MA 01970 978-740-9979 12 Oakview Ave Salem, MA 01970 SCALE: ©ALL RIGHTS RESERVED