0023 LEMON STREET - ZBA i X1'3 Ler�m SL�,E
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(� ONNTA� CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
�y+ 120 WASHINGTON STREET. 3RD FLOOR
r SALEM. MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 C,
FAX: 978-740-9846 r, C)
KIMBERLEY DRISCOLL
MAYOR v
(P y:
March 2, 2007 Ln
b C-)
Decision 01
Petition of Matthew Kaminski requesting a Variance s
for the property at 23 Lemon Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on February 21, 2007 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Richard Dionne, Steven Pinto, Elizabeth Debski, Bonnie
Belair and Annie Harris.
The petitioner, Matthew Kaminski, sought a Variance from side yard setback to construct an
addition to the property located at 23 Lemon Street, Salem, in the Two-Family Residential
(R-2) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner's property is in the Two-Family Residential (R-2) district and is a
pre-existing, non-conforming structure in a residential neighborhood.
2. The petitioner was requesting a variance to allow for construction of a one-
story addition to be located flush with the side of the existing structure.
3. The width of the side yard setback would be three (3) feet instead of the
required ten (10) feet.
4. One (1) abutter spoke in favor of the petition.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to for a Variance does not constitute substantial
detriment to the public good as residential uses are permitted in the R-2
district and additions are common to these pre-existing non-conforming lots
and structures.
I
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as residential dwellings are a permitted use
in the R-2 district.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner as the addition would require substantial
reconstruction of the foundation entrance to the basement level.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, four(4) in favor
(Cohen, Belair, Debski, Hams) and one (1) opposed (Dionne), to grant the request for a
Variance, subject to the following terms, conditions, and safeguards:
1. 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 the new construction shall be in harmony with the existing
structure.
6. A Certificate of Inspection is to be obtained.
7. Unless this Decision expressly provides otherwise, any zoning relief granted doe
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 of 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.
8. Petitioner shall investigate suitable fire resistant materials for the wall facing the
direct abutter and shall confer with the Building Inspector.
94 ..C. C ,. /6 w
Nina Cohen
A
J
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY 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 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 that
20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that it has been
dismissed or denied and 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 Certificate of Title.
MORTGAGE INSPECTION
BAY STATE SURVEYING ASSOCIATES INC. JOB #Zo-5]
100 CUMMINGS CENTER, SUITE#3164, BEVERLY,MA., 01915
LOCATIONSA� r� IN�4 NOTES:
.................�................ .............. 1)This is a mortgage inspection survey and not an
' /0-/7—�Z Instrument survey,therdare this plot plan is for
SCALE . 1 =Zo DATE .................................. mortgage inspection purposes onty.it Is NOT to
6K; 55D4 PG:2-54
bused e �t 'esp the
REFERENCE . .. O0'�'�'n of of Im erns.
�•• 2)This survey is based on survey marks of others.
S` E X SOUT . l STILT 3)Bushes,shrubs,tenses and we lines do not
x
I�,7�L5/ QF,,j E6S necessarily Indicate property lines.
...... ... .......
4)Whenever an onset is 1'+-or less,an irtstrument
survey is recommended to determine property
TO:
The location of the building(s)as shown,either gni'ami any possible `
complied with the local zoning setbacks d the time of 5)Offsets shown we approxim�'and are to be
construction oris exempt from vtbacks t enforcement used only for the detenninatinm of zoning,Not to
be used to dish property Ines
action under Mass.G.L Title Vil Chapter 40A Section T
6)In my professional opinion the building(s)are not
located in the sQechd flood hazard zone,as
defied by N.uA.MApp Z50/p Z 83-85
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scale:1"=8'0"
dra 8.01.07
proposed extension
fnr MaM and r.nrnl Kamineki
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provide zinc Dashing to external
wall of existing residence fumed in
min 4"behind clapboard cladding
and to 8"antler shingle roof cladding laminated rid
beam to
27deg roof pitch manufacturers
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6"x 2"rafters @ max.18"centres.
_ - Ceiling insulation de plywood
to comply.
1/2"who structural grade plywood to the
whole of the roof area fixed ctu in
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instructions.Bitumen¢ed roof shingles T
a fixed to comply to match existing roof. _
E -' --- E 1/2"plasterboard ceiling linings
with coved cornice.
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spa - - 4"x2"timber wall top
S.bottom plates,wall st ds with studs
9iP E @ 16"centres with 1/2"external
sfo - . m _ plywood bracing.
Py - Painted clapboard clad ing to match
local datum 07 -- -- P+�e N existing residence.
Os. Wall insulation to comp .
s,e„ ---�_ o� - 1/2"plasterboard intern I wall linings.
hinged stairwell prefinished tongue&gr ova timber
_ rano flooring laid with 3/4"tI bar
battens
- fared to concrete floor s ab
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C -__- reinforced concrete footings antl slab to Engineers design and specification
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9�° SITE PLAN AND TYPICAL CROSS SECTION
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SITE N
scale:ale:1" e'0" scale:t"=8'0"and l"=4'0"
1"= - drawn:8.01.07
_ __ AREA OF LOT: 3857 sq.k Proposed extension
3'4" —249 162 AREA OF PROPOSED DWELLING: 1607 sq.ft for Matt and Carob Kaminski
AREA OF SITE COVER: 1002 sq.ft -
PROPOSED SITE COVER: 25.90% at 23 Lemon Street Salem
eastern oounaary
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FORMAL DINING O°
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bath'f11 4'0'h (3')"v, 4'0 4'0"h x 3'0"w
KITCHEN c i g! tryo xis in as rrnt
down
stairs hinged rorov"!!"h
18'0" —
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15'2° Z GROUND FLOOR PLAN
scale: 1" = 4'0"
�z drawn: 8.01.07
24 611 area of existing dwelling: 1,247 sq.ft
area of extension: 360 sq.ft
existing asphalt driveway proposed total area: 1,607 sq.ft
proposed extension
for Matt and Carol Kaminski
western boundary at 23 Lemon Street Salem
22'0"
11'0"
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FIRST FLOOR PLAN
scale: V =4'0"
drawn: 8.01.07
area of existing dwelling: 1,247 sq.ft
area of extension: 360 sq.ft
proposed total area: 1,607 sq.ft
proposed extension
for Matt and Carol Kaminski .
at 23 Lemon Street Salem
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ELEVATIONS OF PROPOSED RESIDENCE
scale: 1"=8'0"
drawn: 8.01.07
proposed extension
for Matt and Carol Kaminski