31 ARBELA STREET - ZBA 3 � /trb�l0. S}.
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ZBA ACTION FORM
BOARD MEMBERS MOTION SECOND VOTE
Date: y/�o/ // Rei;feinhair)
I g ' Rebecca Curran V
Petitioner: A/Itp/e (,q, iOff� Elizabeth Debski
` Annie Harris
Address: 3/ ��ct6�l�ct c� � Richard Dionne
�/ '• Bonnie Belair (Alternate)
1 t"' ^ 1�• Q1�7� Jimmy Tsitsinos
(Alternate) T
Conditions: Total: _
1 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 b
y the Building
gCommissioner.
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.
WPetitioner 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, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
XoNDITgq CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL r ZU33 Iii — A 10: 2
MAYOR
r -
May 4, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of NICOLE BARLETTA requesting a Special Permit to extend a
nonconforming structure, and Variances from number of stories, lot coverage, and
side and rear setbacks, in order to construct a shed dormer and two rear decks on the
two-family house at 31 ARBELLA ST (R-2).
A public hearing on the above Petition was opened on April 20, 2011,pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on that date with the following Zoning
Board of Appeals members present: Rebecca Curran, Elizabeth Debski, Richard Dionne,
Annie Harris,Jamie Metsch, and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.5 and Variances pursuant to Section
4.1.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped March 31,2011,the petitioner requested a Special Permit
and Variances to construct a shed dormer in the rear roof and a three-level deck,
which would also serve as the second means of egress for both units in the house.
2. Antonio Barletta presented the petition at the hearing on behalf of petitioner Nicole
Barletta.
3. At the hearing,the residents of one abutting property spoke in opposition to the
petition, and letters from two other residents were read, also opposing the project,
citing concerns about adding decks and parking spaces to a small property. A letter
from At-Large Councillor Joan Lovely was presented in support of the project on
the grounds that it would enhance and beautify the neighborhood.
4. At the hearing on April 20, 2011,Board members noted the lack of detail provided
in renderings of the proposed three-level deck and requested more specific,scaled
drawings of the deck, as well as of the rear and side elevations,detail of the
bulkhead, and the entrance to the rear floor. The Board also requested a parking
plan, drawn to scale,to show the number and dimensions of the parking spaces on
the property.
5. The Board proposed dividing the petition,voting on a Special Permit and Variance
from dimensional requirements for the dormer (number of stories), and voting to
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allow the petitioner to withdraw the remainder of the petition without prejudice with
the intent of re-filing it with more detailed plans.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
1. Desirable relief for the proposed rear roof dormer may be granted without
substantial detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of the zoning ordinance.
2. 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 hearing
including, but not limited to,the Plans, Documents and testimony,the Zoning Board of
Appeals concludes:
1. A Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance is granted to alter
a nonconforming two-family house by constructing a dormer on the rear roof as
shown in the submitted plans.
2. A Variance from number of stories is granted to construct a dormer on the rear roof
as shown in the submitted plans.
3. The Board grants the petitioner permission to withdraw without prejudice the
requested Variances and a Special Permit to install a three-level deck/means of
second egress.
In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Debski,
Harris, Curran,Dionne and Metch in favor) and none (0) opposed,to grant petitioner's
request for a Special Permit and a Variance to construct a dormer on the rear roof, and to
withdraw without prejudice the requested Variances and Special Permit to install a three-
level deck/means of second egress,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 o
safety shall be strictly adhered to.
4. Petitioner shall obtain a building pernrit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
3
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any CityBoard or Commission having
jurisdiction including, but not limited to,the Planning Board.
8. 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 (5C%) 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.
U"� L�
Rebecca Curran, Chair
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD
AND 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 2C 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 has been filed with the Essex South Registry
of Deeds.
S
NEW ENGLAND LAND SURVEY MORTGAGEE INSPECTION PLAN
Professional Land Surveyors NAME NICOLE BARLETTA
\5 Wheelock Street.
Oxford, , MA 01540 LOCATION 31 ARBELLA STREET
PliONE: (508) 987-0025 SALEM, MA
FAX: (505) 234-7723 _
REGISTRY SOUTHERN ESSEX SCALE 1 —20 DATE 2/2/2011
BASED UPON DOCUMENTAION PRONOEO, REOUIRFA MEASUREMENTS WERE LENDER: METLIFE HOME LOANS
MADE OF THE FRONTAGE AND BUILDBM,(S) SHOWN ON THIS MORTGAGE STA OF
INSPECTION PIAN. IN OUR JUDGEMENT ALL VISIBLE EASEMENTS ARE DEED sOOK/PA t 15641 243
SHOWN AND THERE ARE NO VIOLATIONS OF ZONING REQUIREAENTS
REGARDING STRUCTURES TO PROPERTY UNE OFFSETS (UNLESS mNERWISE JA
PA CK PIAN BOOK/PIAN
NOTED IN DRAWWG BELO'N) NOTE: NOY DEFINED ARE ABDVECROUND
POOLS. DRIMMYS, M EDS WITH NO FOUNDATIONS THIS ISA N!E CERTIFY THAT THE BIDL01 5 ARE YAMON THE SPECLEL
MORTGAGE INSPECTION PLAN;NOT Am INSTRIAENT SURVEY. DO NOT use Na 51 �) ''.
TO ERECT FENCES, OTHER BOUNDARY SIRUCTURES. OR TO PUNT FLOOD ZONE W SEE HuD mm,
SHRUBS. LOCATION OF THE STRUCTURE(S) SHOWN HEREON IS EITHER W' '9('
COMPLIANCE WITH LOCAL OEToy�s�
REQUIREMENTS. OR IS D04MNFROM VIOLATIOONFOR rc FEN ORCEMMEENT ACTION � 2501�D20001 B me 08/05/1985
UNDER MASS. &L TREE VIL CHAP. 40A SEG 7,UNLESS OTHERWISE q(LANG FLOOD HA7ARD ZONE HAS BEEN DETDWNED BY$PALE 40 15.
NOTED. THIS CERTIFICATION IS NON-TRANSFERABLE, THE ABOVE NOT NECESSARILY AGCURAM UNIT,DERV ME PIANS ARE ISSUED
CERIIFTCATIONS ARE MADE WITH THE PRQYLSION THAT THE INFORMATION BT RODNW/pp A VERTypRWEY B L CONTROL SUPERFORMED
PROVIDED IS ACCURATE AND THAT THE MEASUREMENTS USED ARE PRECISE EIfVM1DNS CANNOT FEE DEIf7D@ND.
ACCURATELY LOCATED ON RELATION TO THE PROPERTY LINES.
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—APPROXIMATE LIMIT OF
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FLOD HAZARD BOUNDARY
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REQUESTED BY: CALLA
DRAWN BY. SPP _ File; 11 MIP287
CHECKED BY ETY: GES SCALE: 1".20'
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AFFIDAVIT
I, NICOLE M. BARLETTA, of Salem, Massachusetts, hereby authorize ANTONIO
BARLETTA JR, of Salem Massachusetts to speak on my behalf at the April 20, 2011 Salem
Zoning Board of Appeals meeting and any additional meetings thereafter pertaining to the
proposed construction, requested Variances and requested Special Permits for 31 Arbella Street
in Salem, MA. I also hereby grant him all rights to represent and answer questions at said
meetings on my behalf.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of March,
2011.
n
NICOLE M. IMLETTA
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this 28th day of March, 2011, before me, the undersigned notary public, personally appeared
NICOLE M. BARLETTA, as aforesaid, and proved to me through satisfactory evidence of
identification, which was ❑ Photographic identification with signature issued by a federal or state
government agency, ❑ oath or.affirmation of a credible witness, ❑ personal knowledge of the
undersigned, to be the person whose name is signed on the preceding or attached document(s),
and acknowledged the foregoing instrument to b their free act and deed.
t
Notary@Public AMY L. WALLICK
My Commission Expires: OCTOBER 24, 2014
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COUNCILLORS-AT-LARGE JERRY L. RYAN WARD COUNCILLORS
PRESIDENT
2011 2011
THOMAS H.FUREY CHERYL A. LAPOINTE ROBERT K.MCCARTHY
JOAN B.LOVELY CITY CLERK MICHAEL SOSNOWSKI
STEVEN A.PINTO JEAN M.PELLETIER
ARTHUR C.SARGENT III JERRY L.RYAN
JOHN.H. RONAN
PAUL C.PREVEY
Rebecca Curran, (:hair April 20, 2011 JOSEPH A.O'KEEFE, SR.
Zoning Board of Appeals
City of Salem HAND DELIVERED 4/20/11
120 Wdshingto l Street -
Salem, MA 01970
Re: Petition of Nicole Barletta
31 Arbella Street
Dear Chairwoman Curran and Members of the Board:
Please accept this letter as my support of the petition of Nicole Barletta requesting a
Special Permit to extend a nonconforming structure and Variances from number of stories, lot
coverage, and site and rear setbacks, in order to construct a shed dormer and two rear decks
on the two-family house at 31 Arbella Street (R-2).
I recently had the opportunity to view this project with Ward Two Councillor Mike
Sosnowski and neighbor Jerome Curley together with the developer Tony Barletta. Mr. Barletta
explained the project to us and his willingness to work with the neighbors to make changes
necessary to decrease the impact, if any, the project may have on the neighborhood. The
structure will remain as two units with the owner/applicant living in the top unit. The current
house is severely dilapidated and has met with decades of neglect. fair. Barletta's proposai for a
complete rehab will only enhance and beautify the neighborhood.
In closing; I have encouraged Mr. Barletta to work closely with Councilor Sosnowski and
the neighbors so 2that this project will be a benefit to all and he has assured me that he will. If
you have any questions or comments or if I can provide any further information, please do not
hesitate to contact me.
Very truly yours,
/S
J n B. Lovely
Councillor at Large
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 •WWW.SALEM.COM
Page 1 of 2
Danielle McKnight
From: J.M. curley O.curley@comcast.net] i
Sent: Tuesday, April 19, 2011 4:11 PM
To: Danielle McKnight
Subject: Special Permit 31 Arbella Street
Attachments: salem house 008.JPG; Salem house 010.JPG; salem house 007.JPG; salem house 006.JPG
Ms Rebecca Curran April 17, 2011
Chair
City of Salem
Zoning Board of Appeals
120 Washington Street
Salem, MA 01970
Dear Ms Curran
I'am writing to express my strong opposition to granting Nicole Barletta a Special Permit to
extend a nonconforming structure and grant variances from the number of stories, lot coverage
and side and rear setbacks, in order to construct a shed dormer and two rear decks on the two-
family house at 31 Arbella street, (R2). The hearing is scheduled for April 20th, 201 L:
This request would impact all abutters and impact the character of the neighborhood.
31 Arbella St is a very small lot that was allowed to be converted into a two family many years
ago when zoning was not a major issue. For the past several years it has been used as a single
family until recently when, after foreclosure, it was bought by the current permit requestor.
Immediately after its purchase the owner hired workers to gut and rebuild the structure. They
have been working on it for several weeks now.
In an early conversation I was told by a worker that the plan is to convert the structure into three
condos by remodeling the interior and expanding the back, adding stairs to all levels with
attached decks for each level. When I remarked that the house was zoned as a two family the
worker said he didn't know about that and became vague in sharing additional details.
Ibelieve that was and probably still is the intent that at some point in the future they would try to
add a third unit. The plans for this third unit appear to hinge on the variance for the dormer. The
current third floor was attic space before re-modeling.
Recently I received a letter from the Barletta's who said they were writing to address any
I oncerns raised by the abutter letters sent by the City. In order to avoid confusion they stated that
their proposal is to:
1 create parking for 4 cars in the driveway and rear of property
2 Construct a small 8 x 12 deck on the rear of the property to act as the 2nd egress.
3. Dormer the slanted roof on the rear of the property to create more usable space on the existing
3rd floor.
After receiving this note 1 checked with the zoning office to determine if the request had been
changed to reflect this plan. It had not been, rather I was informed that the current request is for
4%20/2011
Page 2 of 2
three decks on the back, the shed dormer and removal of stairs to increase the parking area.
This lot is undersized and increasing the house dimensions will literally overwhelm the lot. The current
backyard is very small; twenty feet wide at its widest point, sixteen feet at its most narrow and adding
one deck, let alone three will take up close to half of the available area.
They write that in addition to these decks there will be a parking area. This is highly unlikely even with
the removal of the current stairs. The driveway area is so narrow and small that when a car is parked
between the house and my fence it is almost impossible to open the car doors. The width of the proposed
driveway is less than 9 feet. This would not decrease the number of cars on the street since people will
choose not to use the too narrow driveway when other cars have to be moved each time some car, not in
the last spot, wants to exit. The attached photo shows the driveway with a dumpster that is 8' wide
barely fitting in the space since there is a foot wide build out on the wall of the house. This width is
insufficient to open a car door properly. There is also the building code requirement that there be 2 feet
between a driveway and property line. This is definitely not the case.
In the past I chose not to extend my fence the length of my property because it would have made it
impossible for my neighbor to park there without climbing out a car window. This narrow area will
certainly not accommodate four cars and with the decks on the back it would be impossible to pull into
the backyard and turn around to exit.
It's also quite obvious that the current owners have never lived in the neighborhood or they would be
aware of the challenges raised by heavy snowfall when there are few places to put the snow.
Eliminating more of the little space available will increase that challenge.
The addition of deck(s) will impact privacy among several neighbors since this backyard abuts three
different lots which are all fenced. The deck(s) will also affect the air flow and afternoon sunlight.
For at least two homes the addition of deck(s) will limit or eliminate any views of Collins Cove they
now have. In conclusion I would like to reiterate my opposition to this plan to add a 3 Decker in a very
dense neighborhood with little to no parking available due to the resident increases in recent years.
While having this home restored is a positive, having it renovated into a two or three unit condo
development will have a very negative impact on the neighboring properties and the neighborhood
generally. It seems to only serve the purpose of profit for these investors who apparently have no
understanding of this residential area.
Thank you for taking my concerns under advisement. If you have any questions feel free to contact me.
Jerome Curley
35 Arbella Street
Salem, MA 01970
4/20/2011
3
l S AncOla St,
sr„ Salerii,lvlA. 011)`70
l Chairman of"Hoaz€I ol.Alip fs
Salem, MA. 019,1tl
?car Sir,
Sctvcrai'e anu:rns;have surfaced regard in.-the reque.s't IJO r a vurliange,at 31Arh Ua S ,
a resident can Arbella St.I havU re coivcd correspoodeocafx0m, tine new owners ofthe
'
"? property in whichthey indicate issues thail do not correspond to those of tltc abniteis,
abelieve some of these Hurst be resolved prior ro granrirrg a:urianea:
` The owners indicate they ar+ planning to ctmnvurt the structure to a WO F airily dwelling
with OIN (tF K. When the abuttersapproached tate holders,the gQatlerrianwvorkingtn
the patagLct told-laia'oa thai.tlicy were friaiding TI13{Iil;l�f:�KS Son7eth.iaag is ci>nt7iCtitig
o��i with these plans,
E r Efurlliemaare; as art accent on Arhella St, I lino l'A RK-IN a major problem, The new
f owners znciecate.they will provide iiOLM Nuking spaces on tite premises. 1 €lu€:si9ttYz#hu-
feasihi,lity of incorporating YOUR purling spdo*5 an the spree of tftv;prr p€icy vwitlt the
proposed decks. I fveseua,significant prolalern with snow removal in wintcr_partictilarle
with the abutters of 35 Arb tla St.
r'
1 i" ti .tlsta l?rse n problems with,the iafft`astr€tcture- nothing hw been done to amelion to
conditions in them 77 years l haw c lived an the street. As it;i. iiaere,ii zira rev z alatantiaaive.
of occupants living on the street. Are we going to pt evil itare still another disaster that:
t+ may occur fay conapoundingthe problem ofadditional oocxm;mts?
tF
As furiner C,hair'umaaa of the Salem School 13u ding Comma-ac c:, i tam fully cogaizant at'
the protocol thaut must be rottowed in recoatstructi g or cowstructing a new buildDg. T arra
not sure this has been lbilowed, Will the building code be nlef Con€ltuting issucs
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alreudv exist,.
5'f 1 fC'el. that at as da5a[ti;enlaows to treatthis issuo rn'this rn.9nntr aftd to condac.`t what appe aR.
,_.
°± to be a sub_ros a action. I'he LAW inu+;rho earned out. "Mereap,pu�trs to be r breach in,
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I iotiowving the lase..
e
Sincerely.
T{ s y t
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To: S:ilrrtt%ntjiu f >z i a
A,ra dose acigl`t[era at 7 Wiv a"Stre i vhos'. ar propmy A A a ssu}tt lana m*hal,:
Aq belI Stroer.. and as at Along resid nt oe Sit lem vvbfi gcw up ni ,I ATbOIq atrec't.f-
Would like to express myIppakitinn o ibis spxcird pcenA a ud vaHanc''.,1Aw,
ncigittatvrho act isalread y vsq dcnsfrly,pojn6aW %vith houses in close proximity'Cir each
rlti(it1,7,v,r iAi -;i u c isrin :wtntcttn rwEtoti3d Curtlaerexacerb rte Wi density snd 'A:bly
aat4ax t rh lr.nein r sirtrattr n t7arx„ru laiitti flats r i 9alr�sr- o,lt
ft ce,rmhdt appum, that. this to€a stq)p n� Win 10 youvahg,MA jxtP,FMY inti+a tierce
farmly at this.alf(:ady over f%21pth6i,ed t ighl)tarlaCl st;:
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