BOA - 34 ST. PETER STREET APPLICATION CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
NOTICE TO APPLICANTS
Submit application materials to: Brennan Corriston, Staff Planner(978-519-5685). Questions
about the
preparation of your application should be directed to Brennan Corriston or Thomas St. Pierre,
Building
Commissioner(978-619-5641), City Hall Annex, 98 Washington Street, 2nd Floor,Salem, MA
01970.
Dear Petitioner:
The Board of Appeals meets monthly on the third Wednesday of the month.Applications for a
Variance,Special Permit,Appeal of a decision of the Building Commissioner, or other relief
may be submitted up to three weeks prior to the monthly meeting. Petitions will be accepted
each
month on a first-come, first served basis and once the monthly meeting agenda is full, petitions
will be carried over to the following month's meeting.Applications must contain EACH of the
following elements at the time of submittal:
Submission Requirements
() 1. Petition Form
Every application for action by the Board shall be made on the Board's current Petition
Form. The Petition Form must be filled out completely and all information requested on the
form must be supplied by the applicant. If you need assistance contact the one of the City
staff listed below. For Variances, a Statement of Hardship must be attached;for Special
Permits,a Statement of Grounds must be attached. Please make nine (9)collated copies of
the Petition Form and all application materials.
Before submitting your final application, please have the original Petition Form and nine
copies stamped by the City Clerk, located on the first floor of City Hall, 93 Washington
Street.The Clerk's Office will take the original application; please bring the remaining nine
(9)stamped copies, along with the nine (9) sets of supplementary application materials, as
specified below,to the Department of Planning and Community Development(City Hall
Annex,98 Washington Street,Second Floor). In addition, one(1) electronic copy of all
application materials, including the Petition Form and supplementary application materials,
shall be filed in PDF format with the Board.
( )2. Plans
All applications relative to construction or exterior alteration must include nine (9) copies of
the exterior design plans, drawn to scale,with the scale indicated. Exterior elevations must
indicate dimensions and include all sides affected by the proposal. Exposed foundations
should also be depicted on elevations.The paper size for all plans shall be 11"x 17".
All applications seeking relief for building height must include a streetscape rendering,to scale,
showing the proposed building,the building to its left, and the building to its right. Such a
rendering may use photos and/or architectural illustrations, but must be to scale. The
streetscape
rendering requirement may be waived by the Zoning Enforcement Officer.
A Certified Plot Plan is required for all new construction and any construction to existing
structures where the proposed work would affect the structure's footprint. Mortgage Plans
may
be submitted in the place of Certified Plot Plans for existing one-and two-family structures
when
the exterior alterations are within two feet or less from a property line.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
NOTICE TO APPLICANTS
Submit application materials to:Brennan Corriston,Staff Planner(978-619-5585). Questions
aboutthe
preparation of your application should be directed to Brennan Corriston or Thomas St. Pierre,
Building
Commissioner(978-619-5641), City Hall Annex, 98 Washington Street, 2nd Floor,Salem, MA
01970.
A Certified Plot Plan must be stamped and dated by a registered engineer or land surveyor. The
following items must be on the Certified Plot Plan:
a) If petitioner seeks dimensional variances, plans must include a chart showing how the
proposal falls short of the Ordinance's requirements.
b) Plans must show all existing features of the property relevant to the proposed project,
including without limitation, proposed HVAC locations, any easements,water, sewer and
gas lines, underground electrical lines, paper streets, conservation areas,wetlands or
waterways, hazardous waste disposal sites or historical sites.
c) If off-street parking is required by the Ordinance, plans must show the layout and number
of parking spaces set aside for the proposed use. Proposed parking layouts must include
access ways and buffer zones.
( ) 3.Application Fees
See the attached Fee Schedule.
Application Procedure
Procedure for Hearings and Recording Decisions at the Registry of Deeds
Upon submission of your application, materials and fees, you will be told the date of your
hearing.You (the property owner)or your representative must attend the hearing. If you are
being represented by anyone other than an attorney, you must submit a signed statement
authorizing the representative to act on your behalf and submit it to the Department of
Planning
and Community Development.
Please note that any supplemental information provided afterthe submission of a complete
application must be submitted to the Department of Planning and Community Development at
least one(1)week in advance of the next meeting to allow staff time to review the submittal
and mail board packets.
Please note that a copy of any additional material you present at the hearing that is not
included in the application must be submitted to the Board for the official record no later than
one(1)week after the hearing by e-mail to planning staff.
Two weeks after the Board of Appeals issues a decision,the Department of Planning and
Community Development will file your decision with the City Clerk and send you a copy. The
decision can be appealed within 20 days of its filing with the Clerk's Office. Once the appeal
period is over, if the decision is not appealed,the Building Department will have the decision
certified at the Clerk's Office, confirming that 20 days have passed without an appeal, and then
send it to the South Essex Registry of Deeds (Registry).The fees you paid at the time you
submitted your application cover the cost of certifying the decision and recording it at the
Registry. The Registry will notify you by mail when your decision has been recorded. You do
not need to certify the letter or record it at the Registry yourself.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
FEE SCHEDULE
1. Application Filing Fee
The check should be made payable to the City of Salem.
Special Permit or Variance:
Residential One-or Two-Family: $150.00
Residential Multifamily: $250.00
Commercial: $250.00
Administrative Appeal: $200.00
2. Registry of Deeds
All applications require submittal of a $3.05.00 fee payable to the Southern Essex Registry
of Deeds for recording the decision.
3. Certified Copy
All applications require submittal of a$2.00 fee payable to the City of Salem to obtain a
certified copy of the decision from the City Clerk.
4. Notice of Public Hearing
Notice of the public hearing for the application(s) will be printed in The Salem News.The
Salem News requires payment to run your legal advertisement.
You may pay the Salem News either by credit card or by a $540.00 deposit paid by
check.
Please complete and sign the attached Salem News Request for Legal Notice form.The
signed Request for Legal Notice form and,if paying by check,the$540.00 check made
payable to The Salem News are due at the time the application is made.
REQUEST FOR LEGAL NOTICE
I understand that by singing this form, I am agreeing to the cost of the legal notice to be
published in the
newspaper.
Payment is required at the time of the legal notice being received by the City and before it is
published in
the newspaper.
To Pay by Credit Card (preferred):
The cost of the ad will depend on its length. After the News generates a proof of the ad, you
will receive
notice of the actual cost. You can then pay by credit card by calling our legal notice clerk at 978-
338-
2512.
To Pay by Check:
Attach a check in the amount of$540.00' made payable to THE SALEM NEWS.
Check# 1003
*Prepaid cost required to run: $270 per day x 2 days =$540 deposit
Important:Average legal notice costs are estimated;customers paying by check will either be
refunded
or billed after the legal notice is published.
If payment is not received, the legal notice will be cancelled.
Applicant/Authorized agent sign here:
Print Name:Agron Gierasi
Address: 1599 Washington street. West Newton MA 02465
Phone: 617-877-9126
Date: 11/12/2020
KIMBERLEY DRISCOLL
MAYOR
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET IH SALEM, MASSACHUSETTS 01970
TEL: 978-619-5685
2020 Zoning Board of Appeals Meeting Schedule
Unless otherwise noted, all meetings of the Salem Zoning Board of Appeals are held at 6:30 pm
in the Large Conference Room of the City Hall Annex, 98 Washington Street, First Floor.
Submittals must be in by 12:00 noon on the submittal deadline date shown.
Incomplete applications will not be accepted.
Applications will be accepted each month on a first come, first served basis. Once the monthly
meeting agenda is full, petitions will be carried over to the following month's meeting.
Petitioners
are encouraged to submit their applications as early as possible.
Submittal Deadline
12:00 noon
21 Days Prior*
Meeting Date
December 18, 2019*January 15,2020
January 29, 2020 February 19, 2020
February 26, 2020 March 18,2020
March 25, 2020 April 15,2020
April 29, 2020 May 20,2020
May 27, 2020 June 17, 2020
June 24, 2020July 15,2020
July 29, 2020 August 19,2020
August 26, 2020 September 16, 2020
September 30, 2020 October 21,2020
October 28, 2020 November 18, 2020
November 25, 2020 December 16, 2020
December 30, 2020 January 20,2021
*Except to account for holidays.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
PETITION FORM: PAGE 1 of 2
KIMBERLEY DRISCOLL
MAYOR
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET, 2ND FLOOR
SALEM, MASSACHUSETTS 01970
Thomas St. Pierre, Director of Inspectional Services
Phone: 978-619-5641
Brennan Corriston,Staff Planner
Phone:978-619-5685
TO THE BOARD OF APPEALS:
The Undersigned represent(s)that they are the owner(s) of a certain parcel of land located at:
Address: 34 St. Peter Street,Salem MA 01970 Zoning District: RR=3
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. (Example: 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 minimum depth of 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 22
feet.)
I am proposing to construct an Adult Dav Care Center within the 1st floor space located at 34
St. Peter Street .Salem MA in the R-3 Zoning District.
The Adult Day Care is an allowed use in the R-3 zone through a special permit approved by the
Zoning Board of Appeals.
The premises will be constructed in accordance with state building code and the requirements
of Local
AHJ
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance, specifically from
(e.g. minimum depth of
rear yard).
What is allowed is (ft?sq ft?stories?%?), and
what I
am proposing is (ft?sq ft?stories?%?).
(x) A Special Permit under Section_3.1.2 of the Zoning Ordinance in order to construct an adult
day care center within the 1't floor envelope of Premises located at 34 St Peter Street Salem
MA
( )Appeal of a Decision of the Building Inspector(describe below):
( )Comprehensive Permit for construction of low or moderate income housing (describe
below):
Current Property Use:Are Lot Dimensions Included? ( ) Yes ( ) No Why?
(Example: Two-Family Home)
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 SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
PETITION FORM: PAGE 2 of 2
The following written statement must be submitted with this application:
( ) 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 other lands, buildings, and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involve 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.
(x) 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 or structure 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 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 must be submitted with
this petition
form.
If different from petitioner.
Petitioner:Agron Gjerasi Property Owner: Roman Catholic Archbishop of
Boston
Address: 1599 washington street,west newton,
MA 02465 Address: 66 Brooks Drive
Telephone: 617-877-9126 Telephone:
Email: agjerasi@ptc.com Email: Dennis_Donovan@rcab.com
Signature: Signature:
(
(Attached consent letter is also accepts e ` A 90XL4` Co pl v
Date: 11/23/2020 Date: 11/23/2020
If different from petitioner.
Representative:Scott Grover
Address: 27 Congress St H 414, Salem, MA 01970
Telephone: (978) 745-8065
Email: SMGrover@tintinavins.com
Signature:
Date: 11/23/2020
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
A TRU E
ATTEST
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
APPLICATION CHECKLIST
APPLICATION CHECKLIST
Application Checklist
To be submitted to the Board of Appeals along with the complete application.
Please note that incomplete applications will not be accepted.
I,Agron Gierasi,certify that the following is a complete application
(Petitioner/Property Owner/Representative)
containing all of the following elements (check each):
t/Original petition form plus nine copies
ia, line copies of Statement of Grounds (for special permit applications)/Statement of
Hardship (for variance applications)
Nine sets of plans and elevations, as described in Notice to Applicants
L�igned Salem News Form
Application fees (per fee schedule)on separate checks
Signature of property owner on petition form or consent letter from property owner
❑ Previous applications to the Board of Appeals involving this property
If expanding the footprint of an existing building or applying for new construction:
❑ Nine copies of certified plot plan
If seeking relief for building height:
WNine copies of streetscape rendering,to scale
Name:Agron Gjerasi
Signature:
Date: 11/23/2020
Circle One: Petitioner Property Owner Representative