boa_414_lafayette_street_-_stamped_decision_2019 4.3.2019 CITY OF SALEM MASSACHUSETTS
' r BOARD OF APPEAL
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TEL:978-745-9595
MAYOR
N
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April 3, 2019
Decision ,
City of Salem Board of Appeals
Petition of MATTHEW KEANE to amend the special permit granted by the ZoninrcLon
January 3,2018,in order to allow enclosure of rear egxess; to allow a full, unfinishedeas"miept,
instead of a 4 foot crawl space; and to remove the special requirement of a 6 foot wooden fen& from
the special permit, for thetwo-family home at 414 LAFAYETTE STREET (Map 32,Lot 169) (R1
Zoning District).
A public hearing on the above Petition was opened on March 20,2019 pursuant to M.G.L Ch. 40A, 5 11 and
closed on that date with the following Salem Board of Appeals members present: Mike Duffy (Chair),Peter
A. Copelas,Jimmi Heiserman, Patrick Shea,Jimmy Tsitsinos, and Paul Viccica (Alternate).
The petitioner seeks three amendments to the January 3, 2018 special permit granted by the Zoning Board of
Appeals.
Statements of Fact:
1. In the petition date-stamped January 29,2019, the Petitioner requested three amendments to the
special permit granted to the same petitioner by the Zoning Board of Appeals on January 3,2018.
2. Petitioner Matthew Keane presented the petition.
3. The property is a two-family house,which is a nonconforming use in the Residential One-Family (R1)
zoning district.
4. In a decision dated January 3,2018, the Salem Zoning Board of Appeals voted five in favor and none
opposed to grant a special permit per Section 3.3.5 Nonconforming Strmdures of the Salem Zoning
Ordinance to add a 24'x 24'garage to the rear of the existing residential structure,remove existing
garage and relocate right of way, subject to standard conditions as well as several special conditions:
1. The petitioner shall have a certified plot plan with the relocated right-of-way to be recorded
with the South Essex Registry of Deeds prior to the issuance of a building permit. The
petitioner shall provide a copy of the recorded right-of-way to the Building Inspector prior to
the issuance of a building permit.
2. The driveway shall not be wider than ten (10') feet and the two (2) front parking spaces shall
be 22'x 19'in dimension and reflected on the certified plot plan that is recorded with the
South Essex Registry of Deeds prior to the issuance of a building permit.
3. The curbcut shall be limited to the width that is currently there now.
4. The petitioner shall not park any vehicles along the side yard fence line as this will be the new
access way to the rear property.
City of Salem Board of Appeals
April 3,2019
Project:414 Lafayette Street
Page 2 of 5
5. The petitioner shall provide adequate access of no less than eight (8) feet of unobstructed
width to the rear property during construction
6. The petitioner shall install a solid wooden fence along the property line for the entire length
between 416 and 414 Lafayette Street to minimize the visual impact of the proposed addition
prior.to the issuance of a certificate of occupancy for the addition.
7. The petitioner shall install grass on the entire property except where the new driveway and
front two (2) parking spaces are located as shown on the certified and recorded plot plan.
8. The petitioner, owner or assigns shall only utilize the second space above the garage for
storage as proposed and presented to the Board.
9. The petitioner, owner, or assigns shall not utilize the flat garage roof as a roof deck.
10. The petitioner shall;Rot have a railing along the roof line of the proposed addition.
5. ; 1n the application form, the petitioner stated the following:
"I am respectfully filing to amend 3 specific items below,and have attached a brief summary of
each on separate letterhead.
1) Enclosure of rear egress
2) Full basement as opposed to 4 ft crawl space (unfinished)
3) Removing 6 ft wooden fence requirement
Thanks"
6. Regarding item #1,in his application,the petitioner stated that he would like to "[close] in the rear
egress to the 1 st and 2nd floor within the same footprint as the current plans, as opposed to having
them open to the elements with an open indentation between the existing dwelling and new addition."
Mr. Keane states that this "enclosure will not have any negative impact on the neighborhood or
neighbors,and will simply improve the look of the house aesthetically, as well as to serve as a huge
safety increase for anyone using them."
7. Regarding item#2,Mr. Keane would like to `increase the depth of the unfinished basement from the
required minimum of 4ft to 8ft in order to avoid wasted space and gain enough headroom to utilize as
an unfinished basement. This increased depth is below grade and does not have any negative
implications on neighbors etc.,it will in fact keep the addition in congruency with the existing
dwelling that does have a full height basement."Mr. Keane states that this will increase the usability of
the basement rather than waste the space,noting that"with vehicles in the garage there is simply no
room to maneuver around the garage let alone store anything."
8. For item#3,Mr. Keane would like to remove the special condition that a wooden fence be built
between 414 and 416 Lafayette Street (condition#6,above). Mr. Keane states, "I was in favor of
constructing this fence under the assumption that I could remove the dilapidated and broken metal
fence currently on the lot line,along with the existing Eft wooden fence running halfway down the lot
line on the 416 side of the broken metal fence. Both of these fences have had ownership claimed by
416,and are adamantly opposed to their removal after numerous attempts as the building inspectors
are aware of."Mr. Keane adds that"416 Lafayette has made it known that they are in the process of
completing this 6ft wooden fence and want no assistance in any way in doing so."Instead of building
a wooden fence,Mr. Keane proposes "planting Eft arborvitaes on the edge of my own lot and in
between my residence (414) and 416 Lafayette Street."Mr. Keane states that"This will come at a
higher cost but drastically improve the neighborhood."
9. At the March 20,2019 public hearing, the petitioner explained the requests and the situation.
City of Salem Board of Appeals
April 3,2019
Project:414 Lafayette Street
Page 3 of 5
10. At the public hearing, Chair Duffy asked about the rear egress. Mr. Keane explained that between the
existing house and the addition, the area was an indentation where the original deck and stairs (to
access the second floor) were. It was originally proposed to use half the space for stairs, and the other
half for a bulkhead to access the basement. Starting construction revealed that they would not be able
to access the basement as planned. Now,Mr. Keane states that he could still proceed with the stairs
outside the house and weatherize the stairs,but he thinks it will look better to have an enclosed egress
and it would not negatively affect anyone.
11. Board member Peter Copelas asked about the current status of the project. Mr. Keane explained that
the addition is framed and is enclosed and waterproofed with zipped plywood.Mr. Copelas asked if
he has dug the basement.Mr. Keane stated that the basement has been dug but he has not put a floor
down. Mr. Keane stated that the basement is just an enclosed space now.
12. Mr.Viccica asked Mr. Keane about the fence. Mr. Keane stated that he had paid in August to remove
an old metal fence between 414 and 416 Lafayette Street.Mr. Keane stated that the neighbors at 416
Lafayette Street claimed ownership and called the Inspectional Services D,�Qartment. The metal fence
was not removed.Mr. Keane stated that he did not think putting a fence next to the metal fence,as
well as a cedar, six-foot-high fence that is being built by the neighbors at 416 Lafayette Street,made
sense. Mr. Keane stated that he is flexible;he'd like to have the metal fence removed and do
something.
13. At the public hearing, there was extensive discussion between the Board and Mr. Keane regarding the
fence and the right-of-way. Paul Viccica noted that the arborvitaes are proposed to be located 2 feet
from the right-of-way. Mr.Viccica stated that Mr. Keane can put his own fence parallel to the
neighbor's fence assuming there is enough room. Mr. Viccica noted that planting arborvitaes would
be four to six feet in diameter by the time they mature,meaning the right-of-way would be reduced in
width.
14. Mr.Viccica stated that reducing the right-of-way would be an issue. Mr. Copelas stated that unless
you move the right-of-way,the mature arborvitae will impede the right-of-way.
15. After more discussion Mr. Keane stated that he will build the fence. Tom St. Pierre asked to clarify
that the fence would be built in compliance with the original decision. Mr. Keane stated that he will
just put the fence up next to the metal one.
16. At the March 20,2019 public hearing,:three (3) members of the public spoke in support of the
petition and two (2) members of the public spoke in opposition to the petition. One other member of
the public, Gary Gill, stated that he thinks Mr. Keane and his neighbors should come to an
agreement. The two members of the public who spoke in opposition to the petition were Kristin
Lewis and Fabio Bardini,both of whom live at 416 Lafayette Street. Kristin Lewis noted that the
right-of-way goes over the curb where the driveway meets the road and stated that Mr. Keane tried to
remove the fence without consulting them, and that the fence has been damaged; she stated that she
prefers that Mr.Keane build the fence. Kristin Lewis also stated that she would like clarification on
the driveway and on the basement or crawl space under the garage,which she did not see any
drawings for. Fabio Bardini stated that Mr. Keane did not meet all the special conditions of the special
permit before being issued the building permit. Fabio Bardini also questioned the process for Mr.
Keane seeking permission to build the full basement after receiving the special permit. Fabio Bardini
discussed more about the fence, and Chair Duffy stated that Mr. Keane has stated that he will build
the fence. Fabio Bardini also stated that he would like to confirm that this will still be a garage with
strictly storage room above as per the January 3,2018 decision. Fabio Bardini also spoke in
opposition to the basement under the garage and rear egress and the enclosure of the rear egress.
City of Salem Board of Appeals
April 3,2019
Project:414 Lafayette Street
Page 4 of 5
17. There was more discussion about the plot plan,the two-foot right-of-way,and which plot plan was
accurate. Building Commissioner Tom St. Pierre noted that there is a recorded easement with book
and page,which covers the two-foot setback.Mr. St. Pierre noted that there is a curb cut issue at the
end of the driveway (near the road),where the easement goes over the curb cut. Mr. St.Pierre stated
that the plot plan should be re-drawn to properly reflect the two-foot right of way. Mr. Keane stated
that the reason the plot plan is the way it is was concerns from the Fire Department regarding access
to the rear property for emergency vehicles.Mr. Keane stated that it is a really wide driveway, and that
they did not want him to expand the curb cut. Mr. Keane stated that he has no problem expanding it
or doing whatever has to be done. Mr. St. Pierre stated that the options are either to remove that
petition and have the petitioner apply for a curb cut,or for Mr. Keane to have a surveyor re-draw the
right-of-way on the plan to reflect the curb cut and record that plan. Mr. Copelas stated that it will be
Mr. Keane's responsibility to do so.
y;t 18. Board member Peter Copelas stated that one of the public comments asked about 0�"e second floor of
the garage.Mr. Copelas noted that the special conditions require that the second floor be used as
storage only and that the roof not be used as a roof deck and that there be no railings;anything more
is an enforcement issue.
d
19. Chair Duffy stated that they have taken care of the fence issue;what the Board is left with is
modification of the rear egress and the change for the basement. Board member Jimmy Tsitsinos
stated that he thinks it is a good idea to enclose the egress.
20. Mr. Keane stated that the code says you have to go four feet down for the basement. He stated that
he dug deeper or cast deeper walls,and it would be a significant process to utilize the basement at this
point.
21. Mr. Copelas suggested amending the petitioner's request to remove the fence request and take a vote
on the request to modify the previous decision based on the two remaining issues (the rear egress and
the full basement). Mr.Viccica added that there should be a special condition that Mr. Keane update
the plot plan.
On the basis of the above statements of fact, the Salem Board of Appeals voted five (5) in favor (Jimmy
Heiserman, Mike Duffy (Chair), Peter A. Copelas, Patrick Shea, and Jimmy Tsitsinos) and none (0) opposed
to grant the request to amend the special permit granted by the Zoning Board of Appeals on January 3, 2018
to allow the enclosure-of the rear egress and'to allow a full, unfinished basement instead of a four-
foot crawl space for the two-family home at 414 Lafayette Street, subject to the following terms,
conditions, and safeguards:
Standard Conditions:
1. 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 the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained. i
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to, the Planning Board.
City of Salem Board of Appeals
April 3,2019
Project:414 Lafayette Street
Page 5 of 5
Special Conditions:
1. The petitioner shall have a surveyor re-draw the easement that was recorded in Book 32645 Page 182
to reflect the end of the driveway lining up with the existing curb cut.The petitioner shall re-record
this easement.
�C
Mike Duffy, ,
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 of ce of the City Ckrk. Pursuant to the Massachusetts GenT_ l Laws Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate4f the City Clerk has been filed with the Essex South
Registry of Deeds.
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