BOA_9 Franklin Street (HVar) - Petition Form (Stamped) Zoning Board of Appeals Application 2021 MAY 26 PM 27. 28
ZBA-21-20 CITY CLERK
SALEMI, FIASS
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Petition Form (to sign and stamp)
Zoning Board of Appeals Fee
Review - Completeness
Building Inspector Review
Building Plan Review
Addition of application to ZBA Agenda
Zoning Board of Appeals Review
Decision Filed with City Clerk
Your submission
Submitted May 26, 2021 at 11:25am
Contact Information
Kellie Barile
Email address
kbarile@tintinavins.com
Phone Number
978-224-2739
Mailing Address
27 Congress Street Suite 414, Salem, MA 01970
Location
9 FRANKLIN STREET
SALEM, MA 01970
Applicant Information
Who is completing this online application?
Applicant Type *A
Petitioner
Applicant Information
Petitioner Name
David Cutler
Petitioner Street Address
35 Bello Road
Petitioner City, State, Zip
Salem, MA 01970
Petitioner Telephone
978-869-8042
Petitioner Email
davecutler@gmaii.com
Is the Property Owner the same as the Petitioner?
No
Property Owner Name
11 Franklin LLC
Property Owner Street Address
11 Franklin Street UB
Property Owner City, State, Zip
Salem, MA 01970
Property Owner Telephone
978-744-6888
Property Owner Email
patrick@proroofingboston.com
Is the Petitioner being represented by another party (like an attorney, architect, or contractor)?
Yes
Representative Name
Scott M. Grover
Representative Street Address
27 Congress Street, Suite 414
Representative City, State, Zip
Salem, MA 01970
Representative Telephone
978-224-2739
Representative Email
smgrover@tintinavins.com
Project Address and Application Information
Use the above search bar to find the subject property by Address or by Parcel ID. The property
information will then automatically populate below.
The Undersigned represent(s) that they are the owner(s) of a certain parcel of land at the below
location.
Street Number
9
Street Name
FRANKLIN STREET
Zoning District(s) A
R2
Parcel ID
26-0375-0
Does this project include multiple addresses?
Yes
Additional Street Addresses and Zoning Districts A
11 Franklin Street, Salem, MA 01970 131- Zoning
Why is this application being submitted to the Board of Appeals? The below 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.)
An application is being submitted to the Board of Appeals for the following reason(s): A
*See Statement of Hardship Attached
For the above reason(s), I am requesting:
Variance(s)
G
Special permit(s)
Comprehensive Permit for construction of low or moderate income housing
Appeal of a Decision of the Building Inspector
Variance(s):
Variance(s)from provisions of which section of the Zoning Ordinance?
4.1.1
Which dimensional requirement(s) will not be met? Describe what is allowed and what you are
proposing (sq. ft., stories, etc.).
A two and half story building is allowed, a three story building is being proposed.
Current Property Use: *A
Commercial/ Industrial
Proposed Use: *A
Residential Multifamily
Are lot dimensions included?
Yes
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.
Plans and Elevations
Is construction or exterior alteration planned?
Yes
Is this new construction? A
Yes
Is there any construction to an existing structure where the proposed work would affect the
structure's footprint?
No
Are you seeking relief for building height (in feet and/or stories)?
Yes
Written Statement (Variance)
For all Variance requests a written Statement of Hardship demonstrating the following must be
included:
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 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.
You may type the Statement of Hardship in the below text box and/or attach it as a separate
document in the Attachments section. If you will only attach the Statement separately, please
note "Attached separately" in the text box below.
Statement of Hardship *
*Statement of Hardship Attached Separately*
Filing Fee Confirmation
The Undersigned certify that all of the following payments will be delivered to the City of Salem
Department of Planning & Community Development (on separate checks):
1) Registry of Deeds Recording Fee: All applications require submittal of a $105.00 fee, paid with a
check payable to the "Southern Essex Registry of Deeds" for recording the decision. City Staff
must receive this check before adding an application to the next month's public hearing agenda.
Registry of Deeds Recording Fee *
Scott M. Grover 2) City Clerk Certification Fee: All applications require submittal of a $2.00
May 24, 2021
fee, paid with a check payable to the "City of Salem" to obtain a certified copy
of the decision from the City Clerk. City Staff must receive this check before adding an application
to the next month's public hearing agenda.
City Clerk Certification Fee
O Scott M. Grover
May 24, 2021