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18 BRIGGS STREET - BUILDING JACKET 18 BRIGGS STREET llu � No. 153L HASTINGS. MN LOS ANGELES-CHICAGO-LOGAN.ON MCGREGOR,T%-LOCUST GROVE.GA U S.A. a ry �,CONOITw_i CITY OF SALEM' MASSACHUSETTS ^ �' a BOARD OF APPEAL TiG'31 A & 21 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 KnaERLEY DRIscOLL TELE:978-745-9595 ♦ FAX:978-740-9846 .FyIEF•,# MAYOR CITY Ii1 Pfl S-ALkK.MAS...S. August 31, 2016 Decision City of Salem Board of Appeals Petition of MATTHEW CORNELL seeking a Special Permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to reconstruct, extend and structurally change an existing non-conforming rear deck at the property of 18 BRIGGS STREET (Map 18 Lot 507) (R2 Zoning District) A public hearing on the above Petition was opened on August 17, 2016 pursuant to M.G.L Ch. 40A, § 11. The hearing was closed on this date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice- Chair),Tom Watkins,Jimmy Tsitsinos,Paul Viccica (alternate). The Petitioner seeks a Special Permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to reconstruct, extend and structurally change an existing non-conforming rear deck. Statements of fact: 1. In the petition date-stamped July 26, 2016, the Petitioner requested Special Permits per Section 3.3.3 Nonconforming Structures to reconstruct, extend and structurally change an existing non-conforming rear deck. 2. Matthew Cornell,petitioner,presented the petition. 3. In 1986, the existing non-conforming rear deck was constructed by special permit. The deck is currently in poor condition and is located within three (3') feet of the rear property line and within eight (8) feet of the side yard lot line. 4. The existing structure is 8'x 17' feet and includes a stairway. 5. The petitioner is proposing to reconstruct and extend a non-conforming 8'x 17' deck with an 8' x 20' x 10' deck and stairway. 6. The existing deck is located within three (3') feet of the rear property line and within eight (8') feet of the side yard lot line. The petitioner is proposing to extend the deck by one (1) foot along the existing non-conforming distance within the required rear yard setback to square off the southwest comer. 7. The requested relief, if granted, would allow the Petitioner to reconstruct, extend, alter a non- conforming rear deck. 8. At the public hearings one (1) member of the public spoke in favor and none (0) spoke in opposition to the proposal. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: 6 -f This notice posted on "Officia? l+ulletin Board" City of Salem Board of Appeals CityHail Salem Mass. on August 31,2016 Project: 18 Briggs Street et .114 }aln in accordance wiih MGL Chap. 30A, Page 2 of Sections 18-25. Findings for Special Permit: The Board finds that the proposed modification will not be substantially more detrimental than the existing nonconforming structure. 1. The Board finds that the reconstruction and expansion of the deck will promote safety and welfare as the structure is currently hazardous and in poor condition. 2. The proposed deck is positioned at the rear of the residential lot with no impact on traffic flow, traffic safety, or parking. 3. There will be no changes to utilities or public services related to the proposed deck. 4. The proposed deck fits with the existing neighborhood character. 5. The proposal conforms to the existing neighborhood character. 6. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in favor (Peter A. Copelas (Vice- Chair), Tom Watkins,Jimmy Tsitsinos, Paul Viccica (alternate)) and none (0) opposed, to grant a Special Permit, to reconstruct, extend and structurally change an existing non-conforming rear deck subject to the following terms, conditions, and safeguards: Standard Conditions: 1. The 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 shall be obtained. 7. A Certificate of Inspection shall be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 2—,Lltez� Ct, ,4a a ., Rebecca Curran, Chair —� Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, :f any, shall he made pursuant to Section 17 of the Massachusetts General Low Chapter 40A, and shall be filed within 20 days of filing of this derision 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 hearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. _y DNDMI. CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR ( SALEM, MASSACHUSETTS 01 970 �s TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR May 23, 2007 To Whom it May Concern RE: 18 Briggs Street According to our records, it has been determined that the property located at 18 Briggs Street is a legal grandfathered non-conforming 2 family dwelling located in a Residential Two Family zone R-2. This is to determine use only and in no way is meant to confirm or deny whether said property is in compliance with all building, plumbing, gas, electric, fire or health codes S' cerely, (?2n"v Thomas St. Pierre Zoning Enforcement Officer ,,Omv � (` } Ctu ofact I Salem, ttssttcljuse##s �G� s �pxra of �p�eul 8 11 Ab '96 DECISION ON THE PETITION OF TIMOTHY BERRY FOR A FILE# SPECIAL PERMIT AT�`8-8RIGGS S CITY LN M.LSS. A hearing on this petition was held September 24, 1986 with the following Board Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout. Notice of the hearing was sent to abutters and others and notices of the .hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to extend non- conforming side and rear setbacks to allow construction of a deck in this R-2 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII f and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests guided by the rule that a special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after viewing the plans presented, makes the following findings of fact: . 1 . There was no opposition; 2. Proposed deck will enhance the property value; On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1,. The proposed deck will not be subtantially detrimental to the neighborhood; 2. The deck will promote the convenience and welfare of the City's inhabitants and will be in harmony with the district. DECISION ON THE PETITION OF TIMOTHY BERRY FOR A SPECIAL PERMIT AT 18 BRIGGS ST. , SALEM page- two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested subject to the following conditions: 1 . The deck is to be constructed in strict accordance with plans submitted; 2. Deck and stairs shall not encroach more than four (4) feet on the side yard on the northeast property line and shall not encoach more that four (4) feet on the rear property line. 3. A Building Permit must be obtained. SPECIAL PERMIT GRANTED James B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLEzi: APPEAL FRO:: l 2(n cr- S� The Commonwealth of Massachusetts CITY OF t l Board of Building Regulations and Standards Massachusetts State Building Code,Igo CMR 2�I6 SEP, I R vi ed Mm72011 Building Permit Application To Construct,Repair,Renovate Or Demolish a One-or Two-Family Dwelling Tlds S Fpr 01 gid:Use Out Building Pik Number:. : Date ed: „^ $e lding Officie I f l( , SisGTl�i li SITE) RiITATI7N l` 1.1 Pr rty Atj{I GG 5 S f 12 Assessors Map&Parcel Numbers List Is this an accepted street?yes x no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(fl) 1.5 Building Setbacks(fit) Front Yard Side Yards Rear Yard Rejjd Provided Requved Provided Required Provided 1.6 Water Supply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Zone: _ Outside Flood Zone? Municipal❑ lin site disposal system ❑ blit❑ Private 13 Check if yes❑ - SECTION 2t FItOP1iRIY'(1WNERSHIP' 2.1 mEoRecoErd: Eatt) City,State,ZIP ht sff@ 5zs-,)Or UW 4e, Ma i3 C: IrslUs ST 6.7 97-1 20z axama No.and Street Telephone Email Address SECTION 3i DESCRIPTION OF PROPOSED WORK;Obeck all that apply) New Construction❑ Existing Building❑ Owner-Occupied ❑ Repaus(s) ❑ Alteration(s) ❑ Addition Demolition I Accessory Bldg.❑ Number of Units_ Other ❑ Specify: Brief /1 eD�crip / Wtil � G d ` Z. F� (Z-OJ SECTION 4:ESTIMATED CONSTRUCT141N COSTS \ Estimated Costs: Official Use.Only Item abor and Materials ].Building $ 1. Building Permit Fee$a Z Indicate how fee is determined O Standard Cityfrown Application Fee 2.Electrical $ O Total Project Cost'(Iter;[6)x multiplier x 3.Plumbing $ 2: Other Fees[ 4.Mechanical (HVAC) $ ' 5.Mechanical (Fire $ Toil Ab Fees:$ ession Check No. Meek Amouui: Cash Amount:- 6. otal Project Cost: $ oo� Cl Paid in Ptil1 ❑OutstandingBalaooe Due: rYl SECTION 5: CONSTRUCTION SERVICES :5.211e�stered truc 'on Supervisor License(CSL) �� �Jtv./�°2,tM. L� License Number Wirati DateL Holder1 ype( )a��,�S%z!/" �� ListCSL T see belowet 7 )t� �� � ©r / R Restricted 1&2 F Dwadings up elling to 35 000 cu.RState,ZIP M I MasonryRC RoofinCoveringWS Wmdow and Si SF Solid Fuel Bonar ApplimcesI Insulation Email adress D Demolitionered Home Improvement Contractor(HIC) �7/ [tZ l.S 4� 7 alARen -� HIC /Registration Number on Date 1Name A!(A&fuIHI� e adP2t f ra����tm .ca InC No.-and S t �, ail ads ss 70 /Town State,ZIP Telephone SECTION ti:WURIMRlO COMPENSATION HSURANCE AFFIDAVIT(nG.L c.152.§25C(0) 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...........11 S 7a:OWNER AUTHORUA ON TO N.E COIM;i IXMJ)WHEN QWNER'S A. OR ING PWMT 1,as Owner of the subject property,hereby authorize to act on my behalf,in all matters relative to work authorized by this building permit application. ✓yl47r CoRNA[ i9 Print Owner's Name(Electronic Signature) ate SECTION 7b:OWNER.r OR AUTHORMI)AGENT DECLARATION By entering my name elow,I hereby attest under the pains and penalties of perjury that all of the information contained in this appl sa ion is true and accurate to the best of my knowledge and understanding. Prin r Authorize Agent's Name(Ele ) D to Si 1. 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 can be found at wtivw.mass. og v,'oca Information on the Construction Supervisor License can be found at www.mass.eov/dos 2. When substantial work is planned,provide the information below: Total floor 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 halFbaths Type of heating system Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"may be substituted for"Total Project Cost" r .i � � t t t � I f ,a 1 i Ali 1 t 1 `. fvve7d 9/y'1°!�;e v Y/WVY;,I. 729 coo rl co I VN 3 +5! O( k f obc -Z k 0 7�� Zx ( 4-C P R- Ai tie ► � `,rrAL S o9s � ` A �� TSS �44 2-0 --�--_