BOA_6 White Street - Application CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
fi,,V)rs� PETITION FORM
CITY OF S ALEM,1NUSSACHUSETTS
BO:NRD OF APPEALS
\GTON STREET, FLOOR �-� t3
' 981,� �SHI 2uu c!�
SALF_%I,\L1SSACHUSETTS 01970 " t�
I'49 Thomas St.Pierre,Director of Inspectional Sen-ices �—C Cr
Phone:978-619-5641 /Fax:978-740-9846 r-
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KIMiBERLEY DRISCOLL Erin Schaeffer,Staff Planner A= �
MAYOR Phone:978-619-5685/Fax:978-740-0404
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TO THE BOARD OF APPEALS: Zn
The Undersigned represent that he/she islare the owners of a certain parcel of land located at:
Address: 6 White St. Zoning District: 131 -Business Neighborhood
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.(Drample:
I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the ininintu►n depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet;the proposed addition::could reduce the depth of the rear yard to 22 feet.)
We have constructed a small fence extension to aesthetically match the one running along White Street to the
marina,with two small extensions to help contain trash and recycle bins from public view, especially since we had
many instances of people from the ferry and the marina throwing trash into our bins.The Zoning Ordinance requires
that no accessory building or structure shall be located within any required front yard or within any side yard of a
comer lot.We have a very unusual lot plan; very narrow and long with no area to put the bins. The enclosure is
situated at the edge of the parking lot where there used to be a line of arborvitae trees. The trees died and were
removed. We are situated at the end of White Street, abutting the Hawthorne Cove Marina. There are no residential
buildings directly in front of or to the side of the enclosure.
For this reason I am requesting:
W Variance(s)from provisions of Section 3.2.4 of the Zoning Ordinance,specifically from the requirement that
'No accessory building or structure shag be located within any required front yard or within any side yard of a comer lot.,(i.e. minimum depth of'rear yard).
What is allowed is No structure or building (ft?sq ft?stories? %?), and what I
am proposing is OV 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.Condoll'liniums Are Lot Dimensions Included?40 Yes O No Why?
(Example:Aro Family Honre)
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 SALEK MASSACHUSEWS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
00 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 outer laods,buditttgs,and str x tm 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.
If dWerent from peMoner:
Petitionen-Sandy J. Martin Property Owner:---.-
Address:-6 White St., Unit 4 Address:
Telephone:_(978) 745-7839 Telephone:
Email: sandyjmartin@hotm ' com Email:
Si Signature:
(Attached consent letter is also acceptable)
Date- Date:
If iff ferentfrom pdddona
• Representative:. T�
A TRUE Address:-_.._ --
ATTEST Telephone:.-- _
Signature:
Date:
CITY CLERK DATE DPCD DATE ^T
This original application must be filed with the City Cleric
+ Zoning
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Nathaniel's Landing Condominium Association
6 White St., Salem, MA
Statement of Hardship
We are a small townhouse-style group of condominiums situated at the end of White Street. We are at the
border of industrial zoning but the lot is located in Residential Business zoning (Pages 1-3).
Our lot has an unusual shape. It's very long and narrow with walkways on each side lined with a border fence.
(Photo items 6 and 7). On the south side is the marina. Each unit on this side has a small deck. Two of them
are glass enclosed. The north side shares a border with our neighbor's garden. Each unit has a small paved
patio. (Photo item 8)
There is no usable space on the west end between the building and the border. We have a 5 space deeded
parking lot on the northeast end.
In years' past, each unit utilized a small trash container and the small blue bins for recyclables which were kept
on the small back porch. Each Monday the trash and the recycle bins were put out in front of our arborvitae
trees, which lined the property at the north end of the parking lot. Eventually the trees died, and instead of
replacing them, we simply had the roots removed and paved over that space when we had our parking lot
completely redone with asphalt paving.
When the new requirements for trash collection were implemented, we had a real problem in trying to find a
space to put these very large bins. We ended up putting them exactly where the arborvitae trees had been.
This was a solution that seemed to work, insofar as the space that was needed.
Unfortunately, we found that people who were traversing White Street to and from the Blaney Street ferry and
sometimes people entering and exiting the marina tended to throw trash and garbage into the bins. We had to
get another bin to handle the unexpected increase in the volume of trash. Along with the 3 recycle bins, we
have 4 trash bins. Each of the trash bins measure 28"x 25", and the recycle bins each measure 34" x 25". In
addition, we have a small compost bin that is utilized by all units. (Photo item 5)
It seemed to us that a simple solution to this problem would be to extend the fence from the corner and place
small extensions at each end of the line of bins to create a sense of enclosure and of ownership. We had
Patriot Fence install it with materials that would match as closely as possible with the materials used by the
marina for their border fence. We had no idea we'd need any kind of permit to do this. The enclosure faces
the Blaney Street parking lot. (Photo item 4). We have had a marked drop in the quantity of trash left by
passersby. As far as we have been able to ascertain, we have had no issues with the immediate neighbors
concerning the construction of this fence enclosure.
Literal enforcement of the Ordinance 3.2.4 is not possible without losing a deeded parking space in the lot. We
are seeking relief from the Ordinance, as there is no detriment to the public good, and it does not nullify or
substantially derogate from the intent of the district or the purpose of the Ordinance.