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24 WINTER ISLAND ROAD - BUILDING INSPECTION Viet 17S - MAP 44 LOT 36 1.0' 1.0' 45.00' 0 0 MAP 44 LOT 29 ") 10.0' MAP 44 LOT 33 EXISTING o FOUNDATION 0 N MAP 44 LOT 32 n AREA = 1417± S.F. Ut 45.0' WINTER ISLAND ROAD AS BUILT FOUNDATION PLAN O2��p�IH OF MA&S90�G 24 WINTER ISLAND ROAD GAIL L. m SALEM o SMITH ; PROPERTY OF U NO 35043 O� � O O DOUGLAS & JEAN KARAM FSS`�OiSTERE �.t< OVAL LAND SCALE 1" = 10' SEPTEMBER 16, 2015 �1 NORTH SHORE SURVEY CORPORATION 14 BROWN STREET - SALEM, MA 978-744-4800 #2379 CITY OF SALEM, MASSACHUSETTS rq' BOARD OF APPEAL 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 30 P ` lb KIMBERLEY DRISCOLL T):[.E:978-745-9595 ♦ FAx:978-740-9846 CITY GL FfLF ° MAYOR Er?lt. � .rrt. December 30, 2015 Decision City of Salem Board of Appeals Petition of PETER LUTTS seeking a Variance requesting relief from Sec. 5.1.5 Parking Design to allow a 40' wide curb cut at the property located at 24 WINTER STREET (Map 35 Lot 83)(82 Zoning District). A public heating on the above Petition was opened on November 18, 2015 pursuant to M.G.L Ch. 40A,g 11 and continued to the next regularly scheduled meeting on December 16,2015. The heating was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Duffy, Mr. Copelas,Mr. Watkins, Mr. Viccica (alternate). The Petitioner seeks a Variance per Sec. 5.1.5 Parking Design of the Salem Zoning Ordinance to allow a 40' wide curb cut. Statements of fact: 1. Attomey Johnathan White presented the petition on behalf of the applicant. 2. A public hearing for the petition was opened on November 18, 2015 and continued to the next regularly scheduled meeting on December 16, 2015 at the request of the applicant. 3. In the petition date-stamped October 21, 2015, the Petitioner requested a Variance seeking relief from parking design requirements to allow a 40' wide curb cut along Oliver Street at the rear of 24 Winter Street. 4. The property has an existing garage with a nineteen (19) foot curb cut and one (1) on-site parking space. The petitioner proposes to create a second curb cut twenty-one (21) feet long to create a total of three (3) on-site parking spaces,which complies with the Zoning Ordinance parking requirements. 5. The unique feature of the property is that the existing garage is located on the lot is such a way that there is no existing driveway. 6. The property is an existing two-family home and is located within a local historic district. 7. The requested relief, if granted, would allow the Petitioner to have a 40' wide curb cut along Oliver Street in accordance with the proposed plan titled, "Plot Plan 24 Winter Street, Salem, Massachusetts",prepared by LeBlanc Survey Associates, Inc of Danvers,MA, dated October 13, 2015 and accompanying landscape plan. 8. At the public hearings four (4) people spoke in favor and four (4) people spoke 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 a c,� City of Salem Board of Appeals December 30,2015 Project:24 Winter Street Page 2 of 2 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 for Variance:' 1. 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 is that the existing garage is a historically significant structure and to alter the structure to accommodate more on-site parking would disturb the historic character and authenticity of the structure. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant because the existing garage cannot simply be altered to accommodate due to its historic character and utilizing the proposed curb cut to create additional on-site parking would result in some public benefit. 3. 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. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor (Ms. Curran (Chair), Mr. Duffy, Mr. Copelas, Mr. Watkins, Mr. Viccica (alternate) and none (0) opposed, to grant a Variance, to allow a 40'wide curb cut along Oliver Street at the rear of 24 Winter Street, subject to the following terms, conditions, and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. The petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. Special Conditions: 1. All construction shall be done as per the plans and dimensions submitted to and approved by the Zoning Board of Appeals titled, "Plot Plan 24 Winter Street, Salem,Massachusetts",prepared by LeBlanc Survey Associates, Inc of Danvers,MA,dated October 13, 2015 and accompanying landscape plan. Rebecca Curran, Chair Lim— Board of Appeals A COPY OF THIS DECISION HAS BEEN I=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 Lams Chapter 40A, and.Thal!be filed u7thin 20 days of filing of this decision in the offer of the City Clerk. Pursuant to the Massachusetts General Lams Chapter 40A, Section 11, the Variance or Special Permitgranted herein shall not take effect antil a cop Registry of Deeds. y of the decision bearing the certificate of the City Clerk has been filed with the Essex South .. Ce 7,1 CITY OF SALEM, MASSACHUSETTS lt � BOARD OF APPEAL 7415 FEB -14 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 ~ 8! 2b KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE # MAYOR CITY CLEfii. SALEM, MASS, February 4, 2015 Decision City of Salem Board of Appeals Petition of DOUGLAS and JEAN KARAM seeking Variances from the provisions of Sec. 4.1.1 Table ofDimensional Requirements lot area,width, coverage, and setback requirements of the Salem Zoning Ordinance to allow the construction of an accessory structure that is physically separated, but held in common ownership with 25 Winter Island Road.The proposal is for the property located at 24 WINTER ISLAND ROAD (111 Zoning District). A public hearing on the above Petition was opened on January 21, 2015 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. Duffy,Mr. Watkins,Mr. Copelas,Mr..Tsitsinos (alternate). The Petitioner seeks Variances from the provisions of Sec. 4.1.1 Table of Dimensional Requirements lot area, width,coverage, and setback requirements of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped November 24, 2014, the Petitioner requested Variances to allow the construction of an accessory structure that is physically separated, but held in common ownership with 25 Winter Island Road. 2. Attorney Grover,presented the petition on behalf of the application for 24 Winter Island Road. 3. The petitioners are requesting relief from the provisions of the Salem Zoning Ordinance to allow the construction of a garage and storage shed on the vacant parcel located at 24 Winter Island Road. 4. The proposed structure could be considered an accessory structure to the dwelling located at,25 Winter Island Road, the Zoning Ordinance describes an accessory building as "a subordinate building located on the same lot as the main or principal use of the land." 5. The proposed accessory structure located at 24 Winter Island Road is incidental to the main use of the land located at 25 Winter Island Road by a the roadway, but both parcels are held in common ownership and have historically been held together with one deed. 6. The applicant assumed that the dimensional requirements of Sec. 4.1.1 apply to the structure as opposed to the less stringent provisions of Sec. 3.2.4 relating to accessory structures. Therefore, the petitioner requests Variances from the lot area,width,lot coverage and setback requirements of the R- 1 Zoning District where the property is located to be considered a building rather than an accessory structure. 7. The requested relief,if granted,would allow the Petitioner to construct a garage and shed storage area located on 24 Winter Island Road. 8. A petition of support was submitted as part of the records for this petition. City of Salem Board of Appeals February 4,2015 Project:24 Winter Island Road Page 2 of 3 9. At the public heating one (1) member of the public spoke in favor of and none (0) spoke in opposition to, the petition. 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 for Variances: 1. The lot located at 24 Winter Island Road is unique because it is physically separated, but held in common deed with 25 Winter Island Road. Therefore the special conditions and circumstances that especially affe ct he land building, or structure involved, does not generally affect other lands, buildings and structures in the same district. 2. The literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant as the literal enforcement of the zoning provisions would prohibit any structure from being place on this parcel. 3. The 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 as the proposed structure is in keeping with the neighborhood as the structure is consistent with other accessory storage uses and storage sheds on the properties in close vicinity to 24 Winter Island Road. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Rebecca Curran,Peter A. Copelas,Mike Duffy,Tom Watkins and Jimmy Tsitsinos) and none (0) opposed, to grant Special Permits, to allow the reconstruction of a rear addition and to allow a reduction in minimum lot size per dwelling unit, 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 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. The properties of 24 and 25 Winter Island Road shall remain deeded together in perpetuity. 9. The accessory structure shall not be used as a dwelling unit. 10. No bathroom shall be installed in the accessory structure located at 24 Winter Island Road. Rebecca Curran, Chair Board of Appeals City of Salem Board of Appeals February 4,2015 Project:24 Winter Island Road Page 3 of 3 A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal firm this decision,if any, shall be made pursuant to Section 17 of the Mas cubureas General Laws Chapter 40A, and shall be filed within 10 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachuseas General Laws Chapter 40A, Section 11, the Variance or Special Pemritgranted beam shall not take effed until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. .