26 Winter Street ZBA Decision 11.22.2006
November 22, 2006
Decision
Petition of Neil and Martha Chayet requesting a Special Permit,
a Variance and a Determination of Curb Cut
for the property at 26 Winter Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on October 18, 2006 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Steven Pinto, Richard Dionne, Elizabeth Debski and Robin
Stein.
The petitioners, Neil and Martha Chayet, sought a special permit to alter a non-
conforming structure, a variance from the required thirty (30) feet to approximately zero
(0) feet and a determination of the curb cut on Oliver Street for the property located at 26
Winter Street, Salem, in the Two-Family Residential (R-2) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 26 Winter Street is within the R-2 zoning district.
2. The petitioners are requesting a special permit to alter a non-conforming
structure to demolish an existing garage building and construct a garage and
addition in its place.
3. The existing garage is an existing non-conforming structure.
4. The petitioners are requesting a variance from rear yard setback to construct
an approximately thirty-one (31) foot by forty-five (45) foot garage and
addition.
5. The petitioners are requesting a determination by the Zoning Board of the
curb cut location on Oliver Street.
6. No members of the public wished to speak on this petition.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner’s request for a Special Permit, a Variance and a determination
of curb cut do not constitute substantial detriments to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
4. 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, five (5) in favor
(Cohen, Pinto, Dionne, Debski, Stein) and none (0) opposed, to grant the request for a
variance, subject to the following terms, conditions, and safeguards:
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 top be obtained.
7. Petitioner shall obtain street numbering from the City of Salem Assessor’s Office
and shall display said number so as to be visible from the street.
8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
9. Unless this Decision expressly provides otherwise, any zoning relief granted doe
not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty percent
(50%) of its floor area of more than fifty percent (50%) of its replacement cost at
the time of destruction. If the structure is demolished by any means to an extent
of more than fifty percent (50%) of its replacement cost or more than fifty percent
(50%) of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance.
Robin Stein
Salem Zoning 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 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 that
20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been
dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner’s Certificate of Title.