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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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MAYOR FILE #
CITY CLERK, SALEM, MASS-
December 2. 2015 Decision
City of Salem Board of Appeals
Petition of ANN HARRISON seeking a Variance requesting relief from Sec. 4.1.1 Table of Dimensional
Requirements of the Salem Zoning Ordinance from minimum side yard setback to allow the construction of a
3' x 4' square foot stairway and landing within the required 10' foot setback at the property of 26
GREENWAY ROAD (Map 14 Lot 179) (R1 Zoning District).
A public hearing on the above Petition was opened on November 18,2015 pursuant to M.G.L Cb. 40A, § 11
and closed on that date with the following Salem Board of Appeals members present:Rebecca Curran
(Chau), Peter Copelas,Mike Duffy, Tom Watkins,Jimmy Tsitsinos.
The Petitioner is seeking a Variance requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the
Salem Zoning Ordinance from minimum side yard setback to allow the construction of a 3'x 4' square foot
stairway and landing within the required 10'foot setback.
Statements of fact:
1. In the petition date-stamped October 16, 2015, the Petitioner Variance requesting relief from Sec.
4.1.1 Tabk of Dimensional Requirements of the Salem Zoning Ordinance from minimum side yard
setback to allow the construction of a 3' x 4' square foot stairway and landing within the required 10'
foot setback.
2. Ann Harrison,petitioner,presented the petition.
3. The single family home was built without a second egress. The petitioner proposes to provide a
second egress to meet building code by constructing a side egress, 3' x 4' landing and stairway. The
propose landing and stairway are within the required 10'foot setback.
4. The requested relief,if granted, would allow the petitioner to construct a 3' x 4' square foot stairway
and landing within the required 10'foot setback
5. At the public hearing, one (1) member of the public spoke in support and no (0) members spoke in
opposition to the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public heating,
and after thorough review of the petition, including the application narrative and plans, snakes the
following findings:
City of Salem Board of Appeals
December 2,2015
Project:26 Greenway Road
Page 2 of 2
Findings for Variance:
1. Special conditions and circumstances that especially affect the land, building,.or structure involved
generally not affecting other lands, buildings and structuresin the same district is that the existing
house is an existing non-conforming structure.
2. Literal enforcement of the provisions of the Ordinance would create a substantial and unique hardship
as having only one (1) egress is a significant life-safety issue.
3. The desired relief may be granted without nullifying or substantially derogating from the intent of the
district of purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Rebecca Curran, Peter A. Copelas, Tom Watkins,James Tsitsinos, Mike Duffy) and none (0) opposed, to
approve the requested Special Permit to allow the construction of a 3'x 4' square foot stairway and landing
within the required 10' foot setback subject to the following terms, conditions and safeguards:
Standard:
1. Petitioner shall comply with all city and state statues, 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 finished of the new construction shall be in harmony with the existing structure.
6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction induding, but
not limited to the Planning Board.
Rebecca Curran, Chats
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
.9ppeal from Mm dearion,if any,.shall be made parrnmrt to Section 17 of the Mwacharetts General Laws Chapter 40A, and.shall be filed within 20
days of filing of this deasion in the ogre of the City Ckrk. Permeant to the Ma szhwetts General Laws Chapter 40A, Section 11, the Varig ce or
Speaal Permagranted herein shall not take eed until a ropy of the deuton bearing the certificate of the City Clerk has been fled with the Essex South
Registry of Deeds.