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17 & 2 LUSSIER STREET & ATLANTIC STREET - ZBA 11 L��s 5�e,c s�re..e.-i- � Z, At-1 o-rcti c S�-e e_-t— eR Zoning Board Proiect Status Sheet Address & Applicant: Z A1-\ a SArP e � Date Submitted to BOA: X"(1 AV--e- Z`Z , z c S c3/ Clerk Stamp: Variances Only - Constructive Approval Date: (loo days from fding> �r, 0ters List Requested: / t1A d utters Notice Sent: z/ Notice to Abutting Cities & Towns, Councillors: Legal Notice posted at City Hall: va dn,-s before meeting) Legal Notice Emailed & Confirmed: Legal Notice Posted on Web: wrl Agenda to Applicant: �'7 / f ( 5 Applicant's email address or fax number to send agenda: Opened at Meeting: S Continued Meetings: 1S Exten ion Form(s) Signed & Clerk Stamped? Closed at Meeting: 7 1 Decision: Decision Filed: Appeal Period Over: (2r ih.v after decision filed) ❑ Decision Sent to Applicant: ❑ Notice of Decision Sent to abutters, cities and towns, councillors: 0 a a i ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: 51 / Rebecca Curran (Chair) Mike Duffy )0 Petitioner: Tom Watkins )( rh Peter Copelas Address: (t�ylw f,•v ,�,p� Jimmy Tsitsinos 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(50%) 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, iti�shall not be reconstructed except in conformity with the provisions of the Ordinance. TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET,SUITE 414 WILLIAM J.TINTI SALEM,MASSACHUSETTS 01970 [inti@tintilaw.mm WILLIAM B.ARDIFF(1965. 1995) WILLIAM F.QUINN TELEPHONE WRCIA MULFORD CINI WiIhamFQuinn@aoLcom (978)745.8065 • (978)744,M JUL 30 P '1 mac+ OF COUNSEL SCOTT M.GROVER TELECOPIER L0�! JOHN D. KEENAN smgroverGtintilaw.com (978)7453369 FILE 0 OF COUNSEL MARC P.FREY www.tintilaw.cn S mpfrey@tintilaw.com n�GITY CLERK, SALEM, M��'JERALD A. LLA OF COUNSEL 44 JONATHAN M.OFILOS j of ilos@[inti la W.cOrn THOMAS J.HOGAN rjhogan@tintilaw.com MARCY D.HAUBER mha u ber@tintilaw.co m CHRISTINA M.MIHOS cmihos@tintilaw.com July 29, 2015 Zoning Board of Appeals c/o: Erin Schaeffer City Hall Annex 120 Washington Street Salem, MA 01970 Re: 17 Lussier Street(a/k/a 2 Atlantic Ave.) Dear Ms. Schaeffer&Members of the Board, Please allow this letter serve as a formal request to withdraw, without prejudice, the application filed for the above referenced property date stamped on June 22,2015 and accept the new application filed on July 28,2015. Please do not hesitate to contact me should you have any questions or need any further information. Very Truly Yours William F. Quinn CITY OF SALEM, MASSACIiusms BOARD OF APPEALS �� ion PETITION FORM �.- v V.X,, CITY OF SALEM,MASSACHUSETTS �. BOARD OF APPEALS JUIN 1015 22 P 3 2U 9 ti 120 WASHINGTON STREET,3'm FLOOR SALEM,MASSACHUSETTS 01970 L Pi �tntrusoo�Pn, Ci i Y CL[- ' 5ftit.E M. r,A Thomas St.Pierre,Director of Inspectional Services ba Phone: 978-619-5641 Fax:978-740-9846 KiNmERLEY DRISCOLL Erin Schaeffer,Staff Planner 'Ip MAYOR Phone:978-619-5685/Fac: 978-740-0404 ��i'� 2 2 TO THE BOARD OF APPEALS: DEPT.OF PLANNING& COMMUNITY DEVELOPMENT The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: Zom 17 Lussier St (a/k/a 2 Atlantic Ave.))Ling District: R-2 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; I am proposing to construct a IO'x IO'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 3O feet The current depth of my rear yard is 32 feet, the proposed-addition ivould reduce the depth of the rear yard to 22 feet.) Propose to construct 26' x 60' 2.5 story attached 2—family dwelling with garage parking underneath on this corner lot in R-2 District. Request dimensional relief from min. lot area (5,250 where 15,000 sf required) min. for area per dwelling ( 2,625 where 7,500 sf required) and min. rear yard depth (3 ft. where 30 ft. required) . For this reason I am requesting: O0 Variance(s)from provisions of Section 4.1.1 of the Zoning Ordinance,specifically from Min. lot area, min lot area/dwelling, min. reay yaro..e. minimum depth ofrearyard). What is allowed is (15,000 sf / 7,500 sf / 30 ft.) 0?sgft?stories? %?), and what I am proposing is ( 5,,250 sf / 2,625 sf / 3 f t.r?sq ft?stories? %?). ( )A Special Permit under Section of the Zoning Ordinance in order to ( )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: Vacant Lot Are Lot Dimensions Included?(JYes ( )No Why? (Example:Two Fancily Home) 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: 0C) 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. ( ) 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. &eyr! Petit 3—nveshy ' 6'r"'UL If differentfrompetitioner. �Grtvs V -U t ary Ptx�r Petition Property Owner. Pamela D. Shute Address: 01 �6VeUAjerr " Sl'61a0 4-6 Atlantic Ave. , Salem, MA 01970 d Address: Telephone: GC'21Z [ti (fit { Telephone: Email: dGYitS . C r Ima,� ,(pl.� Email: Signature: Signature: Seeattachedattached consent letter - 6/22/1,015 Attached consent tetter is also acceptable) Date: Date: If different from petitioner: Representative: William F. Quinn, Esq. Tinti, Quinn, Grover & Frey, P.C. A TRUE Address: 27 Congress St. , Suite 414, Salem, MA ATTEST Telephone: (9978) 745-8065 ext. 110 Signature:._IdLtil Date: 6/22/2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk Pamela D.Shute 4-6 Atlantic Avenue Salem, MA 01970 June 18,2015 Chair and Members of the City of Salem Zoning Board of Appeals 120 Washington Street-3 d Floor Salem, MA 01970 RE: Zoning Application for Dimensional Zoning Relief for 2 Atlantic Avenue, Salem,MA Dear Chair and Members: This letter is to inform you that as the record owner of the vacant parcel of land at 2 Atlantic Avenue,Salem, MA, I have authorized Darius Gregory d/b/a Gregory Investment Group LLC of Salem, MA to file the accompanying application for the necessary zoning relief to construct a two-family attached dwelling on this parcel(Zoned R-2)as depicted in the application materials,or as you may determine appropriate for this project. A copy of my ownership deed is attached,and I appreciate your attention to this matter. Vtr )ryyours ame a D.Shute i - ��.� SJ�� IIli�l�ll�ill�lllllillllllpllllllllllllll MASSACHUSETTS QUITCLAIM DEED 2009082100305 Bk:28877 Pg:382 6872112009 01:33 DEED Pg 111 We, Roy K Lapham and Eleanor T. Lapham of 4-6 Atlantic Avenue, Salem, Massachusetts 01970, for consideration paid, and in full consideration of FIFTY THOUSAND AND 00/100 Dollars (U.S. $50,000.00) grant to Pamela D. Shute, Individually, of 4-6 Atlantic Avenue, Salem, Massachusetts 01970 with quitclaim covenants the following property in Essex County,Massachusetts. Parcel 1: the land in Salem; Essex County, Massachusetts, situated on the comer of Lussier and Atlantic Streets, Being lot numbered one hundred and forty (140) on a Plan of Lots by C.A. Putnam, C.E. dated December 1894, recorded with Essex South District Registyr of Deeds,Book 1438, Page 600 and bounded and described as follows: Southerly: by Atlantic Street, fifly two and five tenths(52.5)feet; Westerly: by Lussier Street,on ehundred(100)feet; Northerly: by lot numbered one hundred and thirty-nine(139)on said Plan,fifty two and five . Easterly: by land now or formerly of Mathieu,one hundred (100)feet. Said lot is also shown on plan No.8 recorded with Essex Probate Records at the end of Book 574. Subject to restrictions of record so far as now in force and applicable. Being a portion of the same premises conveyed to the herein named grantor(s) by deed recorded with Essex South District Registry of Deeds in Book 13006,Page 89. MASSACHUSETTS EXCISE TRX Southern Essex Distrlol ROD Date: 0812112009 01;33 PM ID: 703602 Doc# 20090R21e03M Witness my/our hand(s)and seal(s)this 17th day of August, 2009. Fee; $228.00 Con.: sse,0e8.ee Roy VLapharrK Eleanor T.Lapham COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this 17th day of August,2009,before me, the undersigned notary public,personally appeared Roy K Lapham and Eleanor T. Lapham,proved to me through satisfactory evidence of identification, which was/were[X]Mass.driver's license(s)or[ ] . to be the person(s)whose name(s)is/are signed on the preceding or attached document, and acknowledged to me that helshe/they signed it voluntarily for its st tgd purpose. Y 0,11,wIMMry, T. ?•`R a Pi'0' a Notary Public:Christopher T. C ,. ��o�N` zo,"Fa F,� i, My Commission Expires: 7/25 0 5( I `ta . 'F PROPERTY ADDRESS: 4-6 Atlantic Avenue Salem,Mas ham' `rMl I'd 0 � LRr c , Oe SO ad141tt/�ed PVN REFERENCES: I) RH. 303 PC, 5R 2) PW BY BAT STATE SURVEYING ASSOCAIES INC 'PLOT PIAN OF LANO IN SALEM' . 7-27-09 ONIN C. CRANIJET ::I ELI A. CRANNE" Il.I. 1.: I;ISSIVR STREET W 'a ,f LOT 1 ' coVl 5.250 S.F. 7 LOT 2 5.250 S.F.Lw co I N y W I ' 11 Q u O CL A. Qf. U .. . I J a o 2 IRrn rclIN� l J 'GLEaour, LN,w, o3r, ATLANTIC (PUBLIC) STREET SITE PLAN IN SALEM, MA ZONING COMPARISON TABLE a W 2a Aw RR RESIDENT 1W0 FAMILY BGLE:1'-2D' OAIE:JUNE 15,2015 REQUIRED PROMDED ulemuu LUT AREA Is.000 9.F. 5.2500 S.F. Lot 1 -ATLANTIC STREET MINIMUM LOT ARWD/ CLUNG UNR 7,500 SY, 2.975 ]'F. MINIMUM LOT FRONTAGE 100 R 100 fl MINIMUM LOT WIDTH 100 FT IOD FT FRONT TARO 15 FT 15 FI ^^n— SIDE YARD lO R 10 FT (MN) —.4 � QCT WIS REAR YARD JO FI J FT 1503 \,VWW[�' S IR ES LUT COVERAGE 13Y BUILDING P apMOl 1 HNAIN STUFF MA%IMUM BUILDING XLIGNI 3., X -- 30 S Iy L'yRly m 189NOPTI MAIN STREET 3] 11 JS fl N SURE 101 MIOOLETON.MAINS" MAXIMUM BUILDING HEIGHI (SLOHIES) 25 SLORIES %.5 110NIk5 - a` ^ 9110NE:(978)539-0088J 'AI:' 978)539-a2 W +T A.T Z m ❑❑ D ❑❑❑❑ y Z IE--EE ❑❑ Q� EDO TTffTTFrTM ❑❑ RIGHT ELEVATION 'A oo❑ bm 0 on O Z E El 0 oa LEFT ELEVATION -- r A O 1'I < m o p m 9 T .Z1 T Z ❑ 0 - JI - © � -- ° O 0 11 - - - - { r r - - - ` - - 0 0 a - - ' - - - O "q - - - 1 - - - ON ur w ON FIRST FLOOR PLAN MPSLEB BERN[ )1].y 0 lJ g9R1 Bg1H 0 0 8Si 11 MASTM BEDROOM I1-10.1]J 11-10.11] F""]WL: SY}{i H9LLWGT HALLWAY ON ON NO 3 BOOUXEDROOM HO) BEDROOM B'B OON]x0 ]-BEOBB11R O] B10.].111 I I SECOND FLOOR PLAN 1/4 1'_0., Property History and Statement of Hardship for 17 Lussier Street. Salem (a/k/a 2 Atlantic Street) In 1894, a plan entitled "Plan of Land of James F. Almy in So.Salem" by C.A. Putnam, C.E. was recorded at Essex County Registry of Deeds Plan Book 1438, Page 600 which subdivided several hundred parcels in this neighborhood of"Castle Hill" into house lots containing between 4,500-6,000 sf. The subject parcel is in substance shown as Lot 140 on such Plan. This neighborhood is currently Zoned R-2. In 1995,the Zoning Board granted the owners at that time, Eleanor and Roy Lapham, a variance to construct a 2-family dwelling on a parcel of 5,250 SF at the corner of Atlantic Street and Lussier Streets, which constitutes most of Lot 140 as shown on the 1894 plan. The Decision is on record at said Registry Book 13036, Page 244, as attached. In October of 1995, the City of Salem Planning Board approved an ANR plan of the parcel,which is shown as"Lot 1" on that plan, and is recorded at said Registry Plan Book 303, Plan No. 56. The building was never constructed, and the 1995 ZBA approval lapsed. In 2009, Lapham filed another similar application, and the ZBA granted dimensional variances as to lot area, minimum lot area per dwelling and minimum yard set-backs to allow the construction of a two-family, 26'x 60'structure on Lot 1, and also allowed on-site parking in four tandem spaces. This 2009 Decision was recorded at said Registry Book 29001, Page 60,which was extended for an additional 6 months by Decision subsequently recorded at Registry Book 29611, Page 162. The project was again not constructed, and the 2009 Decision lapsed on March 1,2011. The current owner of Lot 1 is Pamela D.Shute, who resides at 4 Atlantic Street. Ms. Shute has entered into a Purchase and Sale Agreement with the petitioner, Gregory Investment Group LLC ("Gregory")of Salem, contingent upon Gregory obtaining ZBA approval of a variance for a proposed 2- family dwelling of the same size and configuration as the one approved in 2009,except that it will comply with parking requirements by providing two parking spaces for each unit in garage, and outdoor decks are proposed in the rear. The grounds for the variance are that because of the size and shape of the Lot, it is not buildable for any residential purpose under the applicable dimensional requirements of the Ordinance (where lot is 50 feet in width, and front and rear set-backs are 15 &30 feet respectively), although such residential use is otherwise allowed.This constitutes a hardship,financial and otherwise, that is particular to the parcel, but not generally to other parcels in the neighborhood, many of which were developed before zoning was ever enacted in Salem or the Commonwealth of Massachusetts. The history of residential dwellings being constructed on similar 4,500—6,000 SF lots in the neighborhood,the fact the neighborhood contains a mix or single and two-family dwellings, and the fact that that prior Zoning Boards have twice previously approved applications for construction of a two- family structure on this lot, are good grounds to find that the approval of the petition will not detract from the character of or be detrimental to the neighborhood, and is not inconsistent with public policy and the zoning ordinance. a � a C°P p4 P g a- m 5 4 m ` /00' r F• n yY ys a s4 F cy W�vr ° 8 0 1c, ol mm COQ mm y O° 4 ayL� O ° aa O° ` A D m0 �' °c ol ° ro` _ m m 56 04 ao °Oloo ea = m m °9 0Oo_O �a-S m856w8Ee» g 3m3Aesmn!s Om °8aAsss^NT'dLmaAm Nu°Tw IC_o-a mo_pS_o °QoSmT 3 So _w m° aYoo$o s ao m II>p IIp Lo 16p a al CD a m , co u W, m $ N °8'�OBm i 53_ bE ea_ g 40 ..algl° No mI ma OJ�oT 9°180 9O me °O m 8_..m.J.j A m o ° m3 _ FOREST _ AVENUE $ .(n O a O 50 3l1 30 EO !° 5 _� c3 a m �� ororm _ mmT�3S en rrI50 .so Eo °+ c � m � 8fl ^ Ian °QA am ma aro an gw mIgN ONo .N q ' � ao N mto Cn"s w 8 o- 8u 8m $v8 8- owaa,8� om e$ gw° m -jl o w� m m:llpm so eo ss Eo eo ya e° °so s a C'7 co HERSEY STREETs N y A rq 9 - m p om so OCEAN AVENUE—� - — �� NEW LOCATION6 mmrim �°oaway �y aoayo nY a 'o Mx mmy�'sa .Z Iam Aa� � STI •A --- QIitq of ,$them; fflns nrQ'f At1006 P(3 86' Poardl of �ppe" BK 1 06 PG 86 dPJ+� 11 } DECISION ON THE PETITION OF ELEANDA S ROY LAPNA)K'FOR A•V�RLAhf4 FOB v THE PROPERTY LOCATED AT 17 LUSSIER STREET (E-2) r. 1.1 r •� .A:hearing on this petition vas held March 15, 1995 with the following Board :members present: Gary M. Barrett, Chair¢an(acting); Arthur Labreque, Joseph Ywcr Nina Coben and Albert Hill. Notice of the hearing was sent to abutters andothersand notices of the hearing were properly published In the. Sales Evening Neva in accordance with Massachusetts General Laws CD Chapter LOA. Ln Petitioner, owner of theproperty located at 17 Luasier Street requests a i Variance from lot size and ■ Variance from lot width requirenents to silo. - .construction of a two family dwelling. The relief which has been requested may be granted upon a finding of this to = Board ;hat: p1. Special conditions and circumstances exist which especially affect the O land, building or structure involved and which are not generally affecting Ln other land, buildings, or structures in the aaae district. Ln 2. Littrai en Coreenent of the provisions of the Zoning-Ordinance would ' inVOIVC substantial hardship, financial or otherwise, to the petitioner. 3. Desirab a refuel may be .) y granted without substantial derogation rom the public good end strict[ nullifying thpure se substantially ce. cion from the intent of the district or the purpose of the Ordinance. The petitioner, through counsel introduced evidence as to the. existing -dimensions of the abutting lots and the district in general and the financial hardship which the petitioner would endure if not granted the requested relief. The Board of Appeal, after Careful considerations the evidence presented,a.t the bearing, Makes the following findings of fact: T. The property in question is vacant land consisting of approximately 5,250 square feet. 7. that the property is a corner lot located at the intersection of Lussier Street and Atlantic Street and the petitioner intends, per the plans submitted, to take frontage on Atlantic Street. j 5, The adjacent lot on Atlantic Street, which is owned by the petitioner. houses A two family dwelling and is also 5,250 square feet. • A. That a. petition was submitted containing seventeen (17) nares of persons who live in the immediate neighborhood of the property, all of whom were in favor of the petitioner's request to construct a two family dwelling on the vacant lot. 5. There was no opposition to the petition. ! 6. Ihat because this lot was not build upon previously, is were all of the .adjacent lots to the property, current zoning density requirements apply to this property and not the adjacent properties. in this area. 1. That literal enforcement of the 15,000 square foot minimum lot size and i i I /19s A. DECISION OF THE PETITION OF ELEANOR a ROY LAPW. FOR A VARIARCE FOR THE PROPERTY LOCATED AT 17 LOSSIER STREET JR-21 page two 5r IM06 FU �7 tete 100 foot lot width requirement would render this property virtuaily useless Causing substantial economic hardship to the owners R. That the-owners of the property and their families have resided for several years, and do presently reside, in the neighborhood of the property. 9. That the lot site of virtually'every property on Atlantic Streetis'between 4,500 and 5,500 square feet and 50 to 55 feet of frontage. 1D. That there are several multi-family dwellings located in this R-2 district. On the basis or tfie above findings of fact, and.on the evidence presented-. at the hearings, the Board of Appeal concludes as follows: 1. Special condifti ons exist which especially affect the subject property and not the district fn general. Z. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. The request relief can be granted without substantial detriment to the public good and without nullifying and substantially derogating from the intent of the district or purpose of the ordinance.. Therefore, the Zoning BoardofAppeal voted unanimously. '5-0', to grant the requested re!ief, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, nodes and regulations. 2. All construction shall be done as per :the plans and dimensions submitted. 3. All requirements of the Salem Fire Oepartaent relative to smoke ;and fire safety shall be strictly adhered to. 4.. Petitioner shall obtain a building permit prior to beginning any construction. 5-. Petitioner shall obtain proper street numbering from the City of Salem Assessor's Office and shall display said number so as to be Visible �fron the street. 6. A Certificate of Occupancy is to be obtained Variance Granted i March 13, 1995 Jdseph J. Y"c -n Board of Appeal, Member S •i r. o_ m X .-s u an N {J'• f tpy ANQ§ f�-yfp+� s� A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLABRIHC �HD/H�7R,'D Tprl ITM CLERK j Appeal' from this decision, if any, shall be mads:pursuant Io Section 17 of the Massschuset[a General Laws Chapter LOA, and shall be filed within 10 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General taws chapter 60A, Section ll, the Variance or Special Permit granted herein shall .not take effect until a copy of the decisionbearingthe certification of the city Clerk that 70 deyp have elapsed and no appeal has been filed, or that, it such appeal has 'been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Gertificete of Title. Board of Appeal ..i >c i ;� Nm c=Y ^= 7 J i I 1 I r i i i Ddl. seMfP'ifgi'20 dayt neva �itpFr�d p d�o}a iitb"iahunani wm ranirad,. 6 tat NO APPEAL hm bean MW 6 tlis Tmk Copy �. 3TRSri:. CL"t S"ea,, I:i:.sw �•/ .. ,a " ia ir LOCUS MAP 1CeL[:I'•eeai ITVf.1l uo01 ilE waarnata Lvna6L Lar AVr IEtUfaEb S LEJPNN` E BO.RD 09 —06 rulLfcq./ Lp6LtMaL /A'-.f-Vf ta•.�Iz•.t -r.. a at.eo a a NO r i. ((�Z (19x6[ e NFA.42WLN-LF, ��SLyq! yy a.F. ,ylEr p (�a M. IM p s Ms.6 . 1 J inti�6}t -a eo•y2�•.� AT�AN p� eq,aET MALL _ STREET `\ee roa ee6miilr USE MLr ��. PIAN 800K& PLANE PLAN OF LAND �° SALEM d I ++" ' PE° ROY K, 6 ELEANOR. T. LAPNAM aw'!r..+s.ti YS C -.—•IF -�•-�.J n LLDIX alr6r-aa.f1L K1 6 Fdi �e Pt-; �5 oto 01zA� CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745.95951. ' Ivy, FAX: 978-740.9846 2009 SEP — I P l,: 29 KIMBE12LEY DRISCOLL MAYOR FILE {i CITY GLER!i. IALEH, H{{.4SS, September 1,2009 NIItIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIfI 2099101900511 Bk:29001 Pg:60 Decision 10/19/2009 02:45 VAR P9 03 City of Salem Zoning Board of Appeals .Petition of ROY LAPHAM seeking Variances fiom minimum lot"area, minimum lot area per dwelling unit, and minimum rear and front yard setback requirements to allow for construction of a two-family residence on dre property located at 2 ATLANTIC STREET (AKA 17 LUSSIER STREET) in the Residential Two-Family Zoning District Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, 56-4,Table I: Residential Density Regulations. Statements of fact- 1. act1. Paul Ferrrlano,the project's architect,presented die petition. 1 In a petition dated july 29,2009,the petitioner requested Variances from minimum lot area, minimum lot area per dwelling unit,and minimum rear and front yard setback requirements to allow for construction of a two-family residence. 3. Apublic hearing on the above mentioned Petition was opened on August 19, 2009, pursuanr to Mass General Law Ch. 404 5§ 11. The pubic hearing was closed on _August 19,"2009,with the following Zoning Board of Appeals members present: Robin Stein (Chair),Beth Debski, Becky Curran,Bonnie Belair(alternate),and jimrnyTsitsinos (alternate). 4. At the hearing,Board members noted that the parking spaces shown on the plan were smaller than required and that no buffer was shown. They expressed their preference that the parking area be altered to meet these requirements and noted that relief from tandem parking would be necessary in order to allow for these changes. 5. No one voiced opposition to or support of the petition at the meeting,and no letters regarding the project were received by the Board from residents. 6. At its meeting on August 19,2009,the Board Of Appeals voted five (5) in favor and none (0) opposed to grant Variances under§6-4,Table 1:Residential Density Regulations. 2 f I The"Board of Appeal,after careful consideration of the evidence presented a "the public bearing,and after thorough review of the plans and petition submitted,makes the following findings: L Desirable relief may be granted without substantial detriment to the:public good and wirhout>nullifying or substantially derogating from the intent or purpose of the zoning ordinance. 2, The applicant may vary the terms of the Residential Two-Family District to construct the proposed house, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 3, .In permitting such 'change the Board of Appeals requires certain appropriate. conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public bearing including, but not limited to.,the Plans,.I7ocurnents and testimony,the Zoning Board of Appeals concludes: 1, To allow for the construction of the two-familyhouse as proposed,the requested Variances from dimensional requirements for structures in the Residential Two- Family tone am granted. Additionally,relief from parking requirements is granted to allow for four(4) tandem parking spaces. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein; Conan,Belair,Debski and Tsitsittos) and none (0) opposed,to grant petit oar's requests for Variances subject mthe following terms,conditions,and safeguards: t Petitioner shall comply with all cityand state statutes,ordinances,codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved bythe Building Commissioner. 3.. All requirements of the Salem Fire Department relative to smoke and firs safety shall be strictly adhered to. 4. Petirionershall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. ACertificate of Inspection is to be obtained. 7. Petitioner shall obtain street numbering from the Cityof Salem Assessor's Office and shall display said number so as to be visible from the street. 8.. Petitioner"is to obtain approval from arryCityBoard or Commission having jurisdiction including,buz not limited to,the Planning Board. l' J 9. Petitioner is to provide a landscape plan with construction drawings prior to issuance of a building permit Robin Stem, Uair Salem Zoning Board of Appeals A.COPY OF THIS DECISIONHAS BEEN FILED WITH THE PL°,NNING BOARD AND THE QTY 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 Gry 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 Gry Clerk has been filed with the Essex South Registry of Deeds. Date OCT 1 5 199 thereby Certify that 20 days have expired from the date this instrument was received, aho that NO .:-;' AL.has been filed in this . office. ATrue Copy ATTEST:_CIT'fYCEP�K, Salem, Ltass. PLOT PLAN OF LAND IN SALEM, MA,., DATE: 7-27-09 SCALE: 17='30' OFFSETS SHOWN ARE APPROXIMATE BY TAPE SURVEY BAY STATE SURVEYING ASSOCIATES INC. 100 CUMMINGS CENTER,SUITE#316J. BEVERLY,MA., 01915 a by .qua•;�s.E` 1 o — s'-z.So– Z's . Lot 1 t ynY Z tett {� Z �) � 5 so (�^_ 5zSo IS u' 1(.S F , I 0 �o � V 113 x U� 4 Qo Qo IS a a (°a i \ao �y2. J wa t 4— LT`' ' s:zsv � sz.so U c LU LL LLi I i i i.C-;8 � �'�+-S. t �0'•.Orl � Pe-.6 I � I i j I I .I it --------- if ___if IJII !.i '� � ( I 1111; 1 IJ'.I� I.III 1'I�I ' � � '• oi 1 'IIII'I ii!�I l l � 1 j Wit. J � iJu I l CONSULTING I ARCHfiECTS • U i PAO QffM+p ry7e) j i I i—STKK Ew j .TOn-Ti R -.YJiq erll cgNU6i � I -ELI — — — fibt lLf HfNK15 SALEMMA =-- � l l APARTMENT FLA 15 f I PE o REAR t�i claOR ELEVATION , In .._.._..____--._.__.__ _ rso.�ccru2 _aae�._ ASZTED W.E DARE V71R)NY. REAR ELEVATION i Ive•.r�m• -- A.4 1 1ATLaWTIG STREET. j + AFaP11Lr f� 1-E E + Iv Min.. ond_� + I i t-01 AREA 5j50•5F I Front Yd S'tback ' 5 0`3g'.'{I'W i I y �I a 14vTi5' + ',( T '!/ I PRU GfH1A4N0+AS9a7A76 I _ + 10,Min. I_ i Yards .buck I ' L .__._ -p C+— tin`IcST. `S IMA51•vk I YLI G I DINING RM 10'Min.Side, 1 OCDkOOM KIiGHEN 'I 1'drd5elback i.. lu 2�_ u W N6 RM + Id'; ' + I Ml�lll/YMIW . .. [!FORM c[;+ CiE�M>13 u. LOBBY \ ' +f' I .�- < h 41wIER 5 tiET SAL'31.M EHlm I I o I 1 11 LU551ER STREET -g F CSD 79$TORY 1 {, roLDTAr A.5;n:.s. r ARihIENT FI.Ai es•-o• I I no' o' v o I SITE PLAN with • - -'— -- UL I WW-41' FIRST FLOOR f / EkSiln'e Qcd CUT E9£_03 ! SCALE: .W5'd.y 15!UE DATE: Ovrl i - LUSjiE R' S1R�'Ei 51TE PLAN with 15L FLOOR PLAN %L ] I AC 7 oxwn CITY OF SALEM, MASSACHUSETTS BOARD ✓7 120 WASHINGTON OONSTREET, 3Rp FLOOF Ill llll llilllillllllilllllflllllllll(III u SALEM, MASSACHUSETTS 01970 2010011900408 4:29611 Pg,162 P TELEPHONE: 976-745-9595 37/19/2010.01:50 VRR P9 1/1 FAX: 978-740-9846 KIMBERLEY DRISCOLL L4�@ Ji.L _� A H Ct. .{ o MAYOR L U Decision to Extend City of Salem Zoning Board of Appeals CITY CLEC;1, Petition of ROY LAPRAM requesting Variances from minimum lot area, minimum lot area per dwelling unit, and minimum rear and front yard setback requirements to allow for construction of a two-family residence on the property located at 2 ATLANTIC STREET (-AKA 17 LUSSIER STREET)in the Residential Ttt'o-Family Zoning District. July 30,2010 Pam Shute MARGI AL REFERENCE REICUESTED 1 Lussier Street sy y Salem, MA 01970 �LQOIC / / j8a Re: 2 Atlantic Avenue(AKA 17 Lussier Street) Extension of Variance On Wednesday, August 19, 2009, the Zoning Board of Appeals of the City of Salem voted in favor to approve the application of Roy Lapham, 2 Atlantic Street (.AKA 17 Lussier Street), Salem, :MA, for Variances from minimum lot area, minimum lot area per dwelling unit, and minimum rear and front yard setback requirements to allow for construction of a hvo-family residence in the Residential Two-Family Zoning District. A Decision dated:September 1, 2009 was filed iNith the City of Salem Clerk's Office on September 1, 2009. Since the issuance of the Variances, the property has been deeded from Roy Lapham to Pam Shute. The Decision is valid for one year from the date of the Decision unless extended by the Board. On June 16, 2010, the Salem Zoning Board of Appeals voted unanimously to extend the variances granted on September 1,2010 for six (6)months to March 1,2011. A COPY OF THIS DECISION TO EXTEND HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. Robin Stein, Chair Salem Zonine Board of Appeals Pursuant to the Massachusetts General Laws :Chapter 40A, Section 11, the Variance or Special Pen-t 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 District Registry of Deeds. Z. Arh— d/d4elemshoA Erin Schaeffer From: Brian Cranney <bcranney@cranneycompanies.com> Sent: Wednesday, July 15, 2015 5:11 PM To: Erin Schaeffer Cc: sheilacranney Subject: RE: 17 Lussier Street - Public Comment TPv\0I'i c e (OM me1/,A_^ '+o T Qct kV\ o Erin, I unfortunately cannot attend the meeting tonight. As the owner of 13 Lussier street which is a direct abutter of the proposed two family home under proposal tonight I am concerned about what this project would do to my property values going forward. While I understand that this had been previously approved for a two family home and the zoning in this area is R2, my concern is that the lot is already non-conforming and while I have not seen the new plans it is my understanding that they are looking to enlarge the home in size and height.While I am not against a house being built there and I am not looking to take away the original properties owners investment and legal right to break up the lot I ask the board to put themselves in my shoes and ask them if this proposed project isn't truly over building on a lot that is not conforming. Thank you for your consideration. Brian Cranney President Cranney Companies 10 Rainbow Terrace Danvers MA 01923 Direct Dial 978-907-0013 Cell 508-326-7470 Fax 978-716-3108 800-559-7000 From: Erin Schaeffer [mailto:eschaeffer(cDSalem.com] Sent:Wednesday,July 15, 2015 2:22 PM To: Brian Cranney Subject: 17 Lussier Street-Public Comment Hi Brian, Thank you for your call this afternoon. Any public comment to the Zoning Board of Appeals may be directed to eschaeffer@salem.com Best, Erin Schaeffer Staff Planner, City of Salem Department of Planning &Community Development 120 Washington Street, 3rd Floor Salem, Massachusetts 01970 Phone: 978-619-5685 1 Fax: 978-740-0404 1 eschaeffer@salem.com salem.com 4 PLAN REFIERENCES: 1) BK. 303 PG. 56 2) PLAN BY BAY STATE SURVEYING ASSOCIATES INC. "PLOT PLAN OF LAND IN SALEM" 7-27-09 BRIAN C. CRANNEY SHELLA A. CRPANNEY 13 I_USSIER STREET 52.50' 580'4 'ig"E LOT 11 5,250 S.F. 52.507--� LOT 2 ` 5,250 S.F. V Lu C w 1 O 26 0 4 8.50' o a n ,' HCl W � oLu o Q X Q ' o 1• cl) Q "L EXISTING o v a W r� DWELLING 2 v J 01 I 0- Of « LLJ ROY LAP 84, LA HAM ATLANTIC ST Q J K. o ELEANOR o� 3.00' I 105.00 5830•A2.1g"E ATLANTiC (PUBL1C ) STRECT SITE PLAN IN SALEM , MA ZONING COMPARISON TABLE 0' 10' 20' 40' R2 RESIDENTIAL TWO FAMILY SCALE: 1" = 20" 1 1 1 DATE:JUNE 15, 2015 REQUIRED PROVIDED MINIMUM LOT AREA 15,000 S.F. 5,250 S.F. Lot 1 - ATLANTIC STREET MINIMUM LOT AREA/DWELLING UNIT 7,500 S.F. 2,675 S.F. MINIMUM LOT FRONTAGE 100 FT 100 FT e MINIMUM LOT WIDTH 100 FT 100 FT FRONT YARD, 15 FT 15 FT SIDE YARD 10 FT 10 FT (MIN) T cWILLIAMSREAR YARD 30 FT 3 FT � H° ""Ass SPARAGES -1\ ICHARD L.40 ENGINEERS i PLANNERS i SURVEYORS 35 % 30 % �o`' RS'N LOT COVERAGE BY BUILDING WILLIAMS m 189 NORTH MAIN STREET CIVIL y SUITE 101 MAXIMUM BUILDING HEIGHT 35 FT 35 F No aols MIDDLETON, MA 01949 MAXIMUM BUILDING HEIGHT (STORIES) 2.5 STORIES 2.5 STORIES 90 9F sT �`Q (� PHONE: (978) 539-8088 FAX: (978) 539-8200 PLAN F LA REFERENCES: 1) BK. 303 PG. 56 2) PLAN BY BAY STATE SURVEYING ASSOCIATES INC. "PLOT PLAN OF LAND IN SALEM" 7-27-09 j BRIAN C. CRANNEY SHELLA A. CRANNEY / . 13 LUSSIER STREET W 52.50 580.4 '18"E LOT 1 5,250 S.F. 52.50—i LOT 2 5,250 S.F. V Lu >- 026 0 a a o o. 8.50 6a C)!-) Llu o w o Q S Q w ! Lu (� o a EXISTING o v Q l�o � Op> � U DWELLING 2 co 0� CL IBJ 4-6 ATLANTIC T Q O ROY K. LAPHAM ' J o0 ELEANOR LAPHAM 10 .00 S80.42•18 E I PUB L1 C) STREET SATE PLAN i '------._ IN SALEM , MA 0' 10' 20' 40' ZONING COMPARISON TABLE R2 RESIDENTIAL TWO FAMILY SCALE: 1" = 20' DATE:JUNE 15, 2015 REQUIRED PROVIDED Lot 1 - ATLANTIC STREET MINIMUM LOT AREA 15,000 S.F. 5,250 S.F. MINIMUM LOT AREA/'DWELLING UNIT 7,500 S.F. 2,675 S.F. MINIMUM LOT FRONTAGE 100 FT 100 FT MINIMUM LOT WIDTH 100 FT 100 FT FRONT YARD 15 FT 15 FT WILLiAMS SIDE YARD 10 FT 10 FT (MIN) JFk OF A4. ' -- SPAR.AGES ' REAR YARD 30 FT 3 FT v,�p 4SSf ENGINEERS I PLANNERS I SURVEYORS RICHARD L. yc r LOT COVERAGE BY BUILDING 35 % 30 % WILLIAMS m 189 NORTH MAIN STREET MAXIMUM BUILDING HEIGHT 35 FT 35 F " No 0119 " T SUITE 101 _ MIDDLETON, MA 01949 MAXIMUM BUILDING HEIGHT (STORIES) 2.5 STORIES 2.5 STORIES Q90 SF IST �Q PHONE: (978) 539-8088 s J FAX: (978) 539-8200 i i