72-74 WEBB STREET - BUILDING INSPECTION -72 - -7L E-0 L3
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ZONING BOARD OF APPEALS
PETITION FORM -
cowolrl CITY OF SALEM, MASSACHUSETTS
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ZONING BOARD OF APPEALS
T 120\`G'ASI-IINGTON STREE'r,3xo FLOOR r �"
�t SALEM, SLXSSACIIUSETTS01970 ' ai
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'-% Danielle McKnight,Staff Planner Thomas St. Pierre, Building lnspecioi' , -e
�' N6VBA 1.978-619-5685/f. 978-740-144)4 t.978-619-5641/f. 978-740-9846 �; ;t .�
TO THE BOARD OF APPEALS:
v; -D
The Undersignedrepresentthat he/she is/are the owners of a certain parcel of land located at:
Address: 72-71 WibD 5t. Zoning District: �l
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_one property is in,and the:oning requirements. Example:
I am proposing to construct a 10'.r IW one.story addition to my home located at 3 Salem Lane. in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth oJ'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 21 feet.
I o,u, prc foslNA 'he athi�t7n_ of a dormer eh 'the t llret floor. -Ne dormer will
b� 11..� 1
ecov,.e a, bethraym ,46 A 0owtr_I?� VahltY ah til 1A I-ttM'S ioniser y III fill
wl&VI tke 4010torild O a ex�5tjTs�t u[Lg . It Will also barlaitrt out the
hn�C LIC $t OthP er s'Ae 9 -the house Al alta 6 C A dnYmM Mu f0.N,)Ir '..rLkor
OL Air (me 9) OVA w6 bit, S6q btdreat, _ ina 11th roo^i
tF s1.Nc rJg wt►I be fortyeritJ ib a 3rdbelh0olr so} Atllsl n,,. semrate fife
chtldreh surd wC com stok� in our hDmt. —V j o cn.krt+,..,f- s l0.S ) R ( Poen so- r,
For this reason 1 am requesting: bIFLL
(4ariance(s) from provisions of Section of the Zoning Ordinance,specifically from h N til pti-
Qf ftb rt Q (i.e. mini'tmppm de th ./*tregrFv r 1.
What is allowed is A Shr;a . k Or.A tlyt VL(
3 �fltj tU. s9,f�rtories: `%?j and what 1)
am proposing is uh a ,ul d6 rAxk r Oh LAt (f0 sg ft7 stories?
QFKtln9 -Rir-t��-47-
( )A Special Permit under Section of the Zoning Ordinance in order to
( )Appeal of the Decision of the Building Inspector(described below):
The Current Use of the Property Is: Are the lot dimensions included on the plan'!
(example: Two Family Home) 7We Faw.Ai Home (% Yes ( )No n/a because
The Undersigned hereby petitions the Board of Appealsto 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.
'Y
_...... .. . _ ZONING BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
i✓f For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially afTect 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 tJte 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.
i )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 Art. V,
5-3. 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.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation of previous applications to the petitioner or his
representative.
If different from petitioner.
Petitioner: Kichdti A. 8s.ec0 Property Owner:
Address: 14 WQbb 5t. SAIIA,MA Address:
Telephone: 979- 740-0716 Telephone:
AA
Signature Signature(Attached consent letter is also required)
Dual Date
If differentfrons petitioner.
A TRUE Representative:
ATTEST
Address:
Telephone:
Signature
Date
DATE SUBMITTED TO
BOARD OF APPEALS:
CITY CLERK
This urigiau!upplicutiort nnt.rt he filed with the Cin,Clerk
JOB
SHEET NO. OF
WILWALK FLOORING & CONSTRUCTIONQ, �'; �;;w. bra r`.- ?•
�l.ALfi�-AYEffSV� DATE +� -
(978) 360-5288
CHECKED BY DATE
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NOTES: (t) WitkAwra of stop"all ftys,"bv.b',&^d onm{n.loon",or lot emaowswo may nosy .ed o4As*a
Msosowsw bvevn.rA s+ v .
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(3) Toia pun on tot monly"p+Doev.vray.
(4) nood Has"Zarin hen b000 dMaw.YWl by bnsw'o)It IKK rss" roy ao` - 1.%44"nN1N,plats ar.
ua+ad by N.UA,andla t aw9cw're+uW nmoy 44 pedumad,an.wsatc dM+.+I."on cvvwt on"on ,..
MCIATCAr,E INSPVC7I0N nA)TPLAN O'llind umc i ino6. 201W
UECELLS RNC.INERRINti AND SUR VEY,INC. DATE c..,LkC.Y Z t 9
Ua RUSSELL PARR,SUITE I f�"l`
QVINCY,AfA 01160 LI X'At'ION ALE'
Icar,Ily t. ACCu�, ,� N1D2T� 'E CoR P, ..
thnl lho cx{tt4nj dwelfing shown pn this play,in Ywaord on thy)(34 A,dcxigni ted. 5tSYLit1sol'E:
Ili,my prafcuirmal opinion drat the dwollinf w...uhs,In tnmplisntc with F— SEK `50U'TL
the applicabI4 hud2onGl d(manaitMu)r.wjuhemanta of the mwkip.lily when -- - Rvaimy oy)kah
conaoveted,M is c.empt fmm enfoR&m t .edon un&i CL Till.Vll, 1)ccd Sank' g„ .tkral re0e: _
Ch.plcr 40A,Section 7,unlrr ullmwlu noted.To the bnt of my knowledgc
t+td{ro3eo-f,iha dwelling shown on this pier C Imakrd wiihm a iir rJAI - P,an Rook: „ nan , .___,__�
R�o.I ht2xU ar.a at dclinumd. -_ -
�(�, 6 'J —�J tl�J� as Nc Tnia cauz+cawer<s.uac pr lN:r»,.Pn.+«subsr,s+r+»r.
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R=CEIVEl3
CITY Of SALEM,BASS.
August 21, 1978
Mr. Jack Powers
Building Inspector
One Salem Green
Salem, MA 01970
RE: Stokes Residence, 74 Webb St.
Dear Mr. Powers:
At a meeting on August 17, 1978, the Planning Board reviewed the proposed
repairs to the house located at 74 Webb St. owned by Don Stokes. The
repairs will not require Mr. Stokes to apply for a Special Permit under
the Wetlands and Flood Hazard Ordinance. The repairs will consist of re-
pairing the houses brick foundation as needed and these repairs will not
constitute substantial improvement (over 50% of the market value of the
structure) , as defined by the ordinance.
Sincerely,
Walter Power III
Chairman
MM/sm
c.c. Donald Stokes
61 )6 /J.,..d
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ox rrr CITY OF SALEM, MASSACHUSETTS
BOARD
BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978.745-9595
..4� FAX: 978-740-9846 99 p
KIMBERLEY DRISCOLL L6Ql SEP 30 A Q: 09
MAYOR
CITY CLi!",';, ; ." L!frL Fl.•15Yi.
September 28,2009
Decision
City of Salem Zoning Board of Appeals
Petition of MICHAEL BUCCO, seeking a Variance from maximum height(number
of stories) to allow for the addition of a dormer onto the third floor of a two-family
home on the property at 72-74 WEBB STREET,Salem,MA, in the Residential Two-
Family Zoning District(R2).
Petitioner seeks a Variance pursuant to the Salem Zoning Ordinance,§6-4,Table I:
Residential Density Regulations (recodified on September 10, 2009 as §4.1.1: Table of
Dimensional Requirements).
Statements of fact:
1. Michael Bucco represented himself at the hearing. His wife,Dawna Bucco,was also
present.
2. In a petition dated August 24,2009,the petitioner requested a Variance to construct
a dormer on the third story of a two-family home.
3. A public hearing on the above mentioned Petition was opened on September 16,
2009,pursuant to Mass General Law Ch. 40A, §11. The pubic hearing was closed on
September 16, 2009,with the following Zoning Board of Appeals members present:
Rick Dionne (chairing the meeting),Beth Debski,Bonnie Belau(alternate),and
Jimmy Tsitsinos (alternate).
4. At the hearing,no members of the public spoke in opposition to or in favor of the
petition.
5. Members of the Board of Appeals commented that the project seemed reasonable,
as long as there was no intention to create an additional rental unit. Dawna Bucca
assured the Board that no part of the house is currently rented,nor will it be,and
that the purpose of the project was to create another bedroom only,
At its meeting on September 16, 2009,the Board of Appeals voted four(4) in favor and
none (0) opposed to grant a Variance under§6-4, Table I: Residential Density Regulations
(recodified on September 10, 2009 as §4.1.1: Table of Dimensional Requirements).
2
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 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. The applicant mayvary the terms of the Residential Two-Family Zoning District to
construct the proposed addition,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 hearing
including, but not limited to,the Plans,Documents and testimony,the Zoning Board of
Appeals concludes:
1. To allow for an addition of a dormer onto the third floor of the two-family home at
72-74 Webb Street,the requested Variance from dimensional requirements for the
Two-Family Residential Zone is granted.
In consideration of the above,the Salem Board of Appeals voted,four(4) in favor(Dionne,
Belair,Debski and Tsitsinos) and none (0) opposed,to grant petitioner's requests for a
Variance subject to the following terms,conditions, and safeguards:
1. 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 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.
b. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board 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
3
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 (50010) of its
floor area at the time of destruction,it shall not be reconstructed except in
conformity with the provisions of the Ordinance.
Richard Dionne
Salem Zoning 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 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 Caty Clerk has been filed with the Essex South Registry
of Deeds.