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4 ANDREW STREET - BUILDING JACKET N.�-v����u�S1- .�..... OONOIT,e CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR 1 - q SALEM, MASSACHUSETTS 01 970 Poop w/ TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR I (l7 li; January 3, 2008 D T Decision _ F'_ Fri City of Salem Zoning Board of Appeals Petition of Michael Redfern requesting a Variance from the distance an accessory structure is required to be from a side lot line (5 feet), to allow a shed 2 feet from the side lot line at 4 Andrew St [R-2]. A public hearing on the above Petition was held on December 19, 2007 pursuant to Mass General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin Stein, Elizabeth Debski, Rick Dionne and Steve Pinto. Petitioner seeks variances pursuant to section § 7-8 of the Salem Zoning Ordinance to allow an accessory structure nearer than five (5) feet to a side lot line. Statements of fact: 1. Michael Redfern presented the petition for the property he owns at 4 Andrew Street [R-2]. 2. A sketch showing the location of the shed, a mortgage plan, photos, and specifications for the shed accompanied the petition. 3. The petitioner constructed a shed in his backyard(2' from the side lot line) when he moved to the property in October 2006 without realizing he needed a permit. 4. To maximize the space in his small backyard, the petitioner would like to keep the shed in this location and is seeking a variance from the Board of Appeal to do so. 5. There was no opposition to the location of the shed at the public hearing. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted,makes the following findings: 1. The variance requested is not contrary to the public interest and, owing to special conditions; a literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in unnecessary hardship. 2. There are circumstances relating to the land, which does not generally affect the zoning district in which it is located,which make it difficult to site a shed 5' from y 2 the side lot line without taking away from the petitioner's enjoyment of their rear yard. 3. The location of the shed is not out of character with the neighborhood and it has not caused any problems to the neighbors since it was placed there in October of 2006; therefore desirable relief may be granted to allow this request without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. To allow for the shed, the petitioner may vary the terms of the Salem Zoning Ordinance § 7-8, specifically the distance an accessory structure can be from a side lot line. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, four (4) in favor (Stein, Debski, Dionne, and Pinto) and none (0) opposed, to grant petitioner's request for a variance subject to the following terms, conditions, and safeguards: 1. This decision allows the shed to remain in its current location only. 2. Following the appeal period, the petitioner shall obtain a building permit. G w vi T: " /,b,L Robin Stein, Chair �'3 Salem Zoning Board of Appeals_ n 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 office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. The Commonwealth of Massachusetts V Board of Building Regulations and Standards CITY G Massachusetts State Building Code, 780 CMR, 7's edition OFSALEM Revised January Building Permit Application To Construct,Repair, Renovate Or Demolish a 1, 2008 One-or Two-Family Dwelling This SegtiMFor Official Use Only Building Permit Number: z JDate Applied: Signature: Building Com issio r/Ins of BTildings Date SECTION 1: SITE INFORMATION 1.1 Propq A�WI(e. - a+ 1.2 Assessors Map&Parcel Numbers Lla Is this an accepted street?yes— no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(R) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public❑ Private❑ Zone: _ Outside Flood Zone? Municipal ❑ On site disposal system ❑ Check if yes❑ SECTION 2: PROPERTY OWNERSHIP' 2. ner of Reco d: Name'(Prin Address for Service:: / Signature T6lephone SECTION 3:DESCRIPTION OF PROPOSED WORK'(check all that apply) New Construction❑ Existing Building❑ Owner-Occupied ❑ Repairs(s) Alterations) ❑ Addition ❑ Demolition ❑ Accessory Bldg. ❑ Number of Units Other ❑ Specify: Brief Description of Proposed Work': Re a / 1 -21"-4 Y/iC tg�! w'A16 rvCf,✓, 34C E seeC, -OA r06 SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials 1.Building $ q y D 0 1. Building Permit Fee: $ Indicate how fee is determined: 2.Electrical $ ❑Standard City/Town Application Fee ❑Total Project Cost'(Item 6)x multiplier x 3.Plumbing $ 2. Other Fees: $ 4.Mechanical (14VAC) $ List: 5.Mechanical (Fire $ Supression Total All Fees:$ �,( Check No. Check Amount: Cash Amount: 6. Total Project Cost: $ I _ ❑Paid in Full ❑Outstanding Balance Due: vr\ad J0 �.� � SECTION 5: CONSTRUCTION SERVICES 5.1 Licensed Construction Supervisor(CSL) `Sb .✓ 1"✓4/'sA License Number Expiration Date Name of CSL-Holder Lis[CSL Type(see below) GL Address Type Description U Unrestricted(up to 35,000 Cu.Ft. R Restricted 1&2 Family Dwelling 4,1gnature k -2 S_��5O M Mason Only � RC Residential Roofing Coveting Telephone WS Residential Window and Siding SF Residential Solid Fuel Burning Appliance Installation D Residential Demolition 5.2 Registered Home Improvement Contractor(HIC) �6e C �..n.e,/ G eAl(t/Q/" HIC Company Name or HIC Registrant blame Registration Number ,rZ nUCLA/c SI• Sly/ -r /a r Address -I - 27 J �3 _r ,y c,&a 3_�i-9 0� Expiration Date gnatST ure Telephone SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152.1 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes.......... ❑ No........... ❑ SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, M l('VA-eA F-etcz�wvJ . as Owner of the subject property hereby authorize i to act on my behalf,in all matters relative to work authorized by this building permit applicati n. Signature of Owner Date ' M SECTION 7b: OWNER' OR AUTHORIZED AGENT DECLARATION I, I ` i c"a eA e cY f n ,as Owner or Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and behalf. f11 chef iZecQCe �ln Print Name ^o Signature of Owner or Authorizkd Agent Date (Signed under the pains and penalties ofperjury) NOTES: I. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program and Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 1 I O.R6 and I IO.RS,respectively. 2. When substantial work is planned,provide the information below: Total floors area(Sq.Ft.) (including garage,finished basement/attics,decks or porch) Gross living area(Sq.Ft.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths Type of heating system Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"maybe substituted for"Total Project Cost" Erry-Ole - - I PUBLIC PROPERTY DEPARTbIF�1iT ►ma1F.tt"DRISCOLL MAYOR 13O W"MrA "b"ME T•SALAMdo I.st-rIS 01970 T L•VWUSAS"•FAX:M7404M APPLICATION FOR THE REPAIR. RENOVATION CONSTRUCTION DEMOLITION. OR CHANGE OF USE OR OCCUPANCY FOR ANY EXISTING STRUCTURE OR WELDING 1.0 SITE INFORMATION Location Name: 13uikting: - - Property Address - — Property b located In a;Conservation Ares YIN Historic 01sMd Y/N 2.0 OWNERSHIP INFORMATION 2.1 Owner of Land 3' Name: TV\:,JV Ae.� 'I3 • �L a dZ �r� a, Q. Cwro k Address: 4- A-c� Telephone: b � 3.0 COMPLETE THIS SECTION FOR WORK IN EXISTING BUILDINGS ONLY Addition Existing Z Renovation Number of Stor ies Renovated Change in Use New Demolition Existing QQ� Approximate year of Area per floor (sf) Renovated " construction or renovation of existing building New 1A 9uef Description of Proposed Work: e Ir. . . S i> axSZ s s --- ---Mail Permit to: i What is the current use of the Building? urQu� V � If dwelling.ho many unRs?_ Asbestos? ° Material of Building? N wit the Building Conform to Law? � — Architect's Name Address and Phone ) Mechanids Name Address and Phone Constriction Supervisors License 0 �� HIC Registration it Estimated Cost of Project S 2�00o Pennk Fee Catenation Permit Fes i � Estimated Cost X$71$1000 Residential Estimated Cost X Sf1/$Io00 Commercial--------- An Additional $5.00 is added as an Administrable charge. Make sure that all fields are properly and legibly written to avoid delays in processing. The undersigned does hereby apply for a Building Permit to build to the above stated specifications. Signed under penalty of perjury Date e O � N a J S � `d • \ L a .. a EITroF gALEti -- PUBLIC PROPERTY DEPART1b EINT Kl.mFJ�N BLit-IU %fAraa 130 WASIUNGWW.Sn F * 5-=W wns+ACHl:stl-ls 01970 T a:9 US-9M •FAx 97e.740.96M APPLICATION FOR THE REPAIR. RENOVATION, CONSTRUCTION DEMOLITION. OR CHANGE OF USE OR OCCUPANCY FOR ANY EXISTING STRUCTURE OR BUILDING 1.0 SITE INFORMATION Location Name: Building: S i �g Property Address: Properly In located in a; Conservation Area Y/N Historic DisMd Y/N 2.0 OWNERSHIP INFORMATION 2.1 Owner of Land Name: ThNc-hcte\ -)�-, Dsvairr CMA(ok ebb Address: 4 /6,,�eA,a St;reams Saba Y✓�-f- • o vA-1 o Telephone: C CA-7 g S 11 g-_ I dro g 3.0 COMPLETE THIS SECTION FOR WORK IN EXISTING BUILDINGS ONLY Addition oExisting Renovation Number of Stories Change in Use Demolition Approximate year of f��� Area per floor (sf) Renovated construction or renovation of existing building New Erief Description of Proposed Work: /2e ,� �,t— s� .frl5i-tkeo- 51� �0 � I i/�-j w'(1,iC9^— wcLo fj�,(,�e�r�•Za„i,,v� �oanF2 �eaQo art -71 Q CJ — - - Mail Permit to: What is the current use of the Building? tiU'1 Material of Building? W 0°C If dwelling. how many units? Will the Building Conform to Law? S Asbestos? Nu Architect's Name Address and Phone ( ) Mechanlc's Name Address and Phone Construction Supervisors License# HIC Registration# Estimated Cost of o S ° Permit Fee Cak,ulation —� Permit Fee i Estimated Cost X$7/$1000 Residential si_� - Estimated Cost X$111510oo Commercial - An Additional $5.00 is added as an r Administrative charge. Make sure that all fields are properly and legibly written to avoid delays in processing. The undersigned does hereby apply for a Building Permit to build to the above stated specifications. Signed under penalty of per)ury ®ate , I V n CA �G y 0 0 s Z �(`NDITq.gO CITY OF Sa4LEM, MASSACHUSETTS 'Pay, BOARD OF APPEAL 1e 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 gtt+nNeoD�P FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR Notice of Decisions At a meeting of the City of Salem Zoning Board held on Wednesday December 19, 2007 at 6:30 p.m. in Room 313, Third Floor at 120 Washington Street, Salem, MA, the Zoning Board voted upon the following items: Petition of Tri-City Sales, Inc and Tti-City Realty Location: 262-272 Highland Ave Request: Variance to allow two principal buildings and uses on the lot located at 262-272 Highland Ave. Description: The Salem Zoning Ordinance allows for only one principal building and one principal use on a lot. The intent of the owners is to divide the site into two lots: Lot A, the CVS lot; and Lot B, the Tri-City Sales lot. The land is comprised of registered and recorded parcels, which makes the subdivision subject to Land Court Approval. A petition was filed with the Land Court but the timing of such approval is unknown. The Petitioner is requesting a variance to allow for the construction of each of the new buildings prior to the actual subdivision of the lot. The project which was previously approved by the Planning Board would not be changed by this decision. Decision: Approved- Filed with City Clerk January 3, 2008 Petition of: Michael Redfern Location: 4 Andrew Street Request: Variance from the distance an accessory structure is required to be from a side lot line (5 feet), to allow a shed 2 feet from the side lot line at 4 Andrew St. Description: Petitioner is requesting a variance to allow a shed in the rear yard at 4 Andrew Street to remain in its existing location. Decision: Approved- Filed with City Clerk January 3, 2008 This notice is being sent in compliance with the rtfassachusetts General Lams, Chapter 40.4. Sections 9 R 15 and does not require action by the recipient. ,-Appeals, ifany, shall be made pusuant to Chapter 40.4, Section 17, and shall be filed within 20 drtrs from the date which the decision was filed with the Citv Clerk. XoNDIT..'0 CITY' OF SALEM, MASSACHUSETTS ��, BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 2M1NEW� FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR I January 3, 2008 > - Decision in City of Salem Zoning Board of Appeals J Petition of Michael Redfern requesting a Variance from the distance an accessory structure is required to be from a side lot line (5 feet), to allow a shed 2 feet from the side lot line at 4 Andrew St [R-2]. A public hearing on the above Petition was held on December 19, 2007 pursuant to Mass General Law Ch. 40A, §§ 1 1 with the following Zoning Board members present: Robin Stein, Elizabeth Debski, Rick Dionne and Steve Pinto. Petitioner seeks variances pursuant to section § 7-8 of the Salem Zoning Ordinance to allow an accessory structure nearer than five (5) feet to a side lot line. Statements of fact: 1. Michael Redfern presented the petition for the property he owns at 4 Andrew Street [R-2]. 2. A sketch showing the location of the shed, a mortgage plan, photos, and specifications for the shed accompanied the petition. 3. The petitioner constructed a shed in his backyard (2' from the side lot line) when he moved to the property in October 2006 without realizing he needed a permit. 4. To maximize the space in his small backyard, the petitioner would like to keep the shed in this location and is seeking a variance from the Board of Appeal to do so. 5. There was no opposition to the location of the shed at the public hearing. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: I. The variance requested is not contrary to the public interest and, owing to special conditions; a literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in unnecessary hardship. 2. There are circumstances relating to the land, which does not generally affect the zoning district in which it is located, which make it difficult to site a shed 5' from the side lot line without taking away from the petitioner's enjoyment of their rear yard. 3. The location of the shed is not out of character with the neighborhood and it has not caused any problems to the neighbors since it was placed there in October of 2006; therefore desirable relief may be granted to allow this request without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. To allow for the shed, the petitioner may vary the terms of the Salem Zoning Ordinance § 7-8, specifically the distance an accessory structure can be from a side lot line. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, four (4) in favor (Stein, Debski, Dionne, and Pinto) and none (0) opposed, to grant petitioner's request for a variance subject to the following terms, conditions, and safeguards: 1. This decision allows the shed to remain in its current location only. 2. Following the appeal period, the petitioner shall obtain a building permit. 0 Robin Stein, Chair _ Salem Zoning Board of Appeals,_ M �I A COPY OF THIS DECISION I4AS 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 office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.