28 GROVE STREET - BUILDING JACKET •• r
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L�INDIT�� CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE'. 978-745-9595
rve�' FAX: 978-740-9846 q I0: Ib
KIMBERLEY DRISCOLL 1008 JUL -2
MAYOR
July 2, 2008
Cl GL�I�l�•• ` ',I.E.11, p}!',5`_;.
Decision
City of Salem Zoning Board of Appeals
Petition of PHILIP BOND requesting a variance from maximum lot
coverage to allow for an 18' x 12' ground-level deck at 28 Grove Street
(R-1).
A public hearing on the above Petition was opened on June 18, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on June 18, 2008 with the
following Zoning Board members present: Robin Stein (Chair), Rebecca Curran,
Elizabeth Debski, Richard Dionne, Annie Harris, and Bonnie Belair(Alternate).
Petitioner seeks variances pursuant to the following sections of the Salem Zoning
Ordinance: Table I: Residential Density Regulations.
Statements of fact:
1. The petitioner, Philip Bond, is the owner of 28 Grove Street, a property located in
the Residential One Family(R-1) Zoning District.
2. The petitioner is proposing to remove the existing 4' x 4' attached deck at the rear
of the property, and add a 12' x 18' attached deck.
3. The petition is accompanied by a mortgage inspection plan prepared by Gail
Smith, dated October 12, 2006. The existing and proposed decks are sketched on
the plot plan.
4. Maximum lot coverage by all structures is limited to 30%; current lot coverage is
55% and with the removal of the current back deck and the addition of a new
deck, lot coverage will be 62%.
5. The proposed deck would be approximately 18"off the ground at the highest
point.
6. There was no opposition to the petitioners request 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:
2
1. The zoning requirements can not be complied due to existing nonconformities.
2. A literal enforcement of the provisions of the City of Salem Zoning Ordinance
would cause substantial hardship financial or otherwise to the petitioner who is
seeking to make an improvement to his home which will increase his family's
ability to enjoy their property.
3. The variances requested are not contrary to the public interest and, owing to
special conditions desirable relief may be granted 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 deck the petitioner may vary the terms of the Salem Zoning
Ordinance, specifically the requirement for maximum lot coverage.
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, five (5) in favor
(Dionne, Stein, Curran, Harris, and Debski) and none (0) opposed, to grant petitioner's
requests for variances subject to the following terms, conditions, and safeguards:
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. A Certificate of Inspection is to be obtained.
6. This decision authorizes the petitioner to demolish the existing rear deck to
construct a new deck and does not authorize any further demolition, construction,
or reconstruction.
3
U 1�yl /At
Robin Stem, Chair
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 has
been filed with the Essex South Registry of Deeds.
Cos^IraA� CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
n 1 20 WASHINGTON STREET, 3RD FLOOR
55 �f SALEM, MASSACHUSETTS 01970
y�,i` Ali o
TELEPHONE: 978-745-9595 EXT. 380
�`` ,pl;ueporn
FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
November 5, 2007
To Whom it May Concern:
RE 28 Grove Street
According to our records, it has been determined that the property located at 28 Grove
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.
� Si cerely,
, Ll-x..-p 41,fYq I"C.
Thomas St. Pierre
Zoning Enforcement Officer
Worcesterinsurance Company
120 Front Street,Suite 500 . Worcester,MA 01608-1408
DATE:
TO: Building Commissioner or Board of Selectmen or
Inspector of Buildings Board of Health
Cid ?7 o addresses
RE: Insured:
Property Address: F72-p-
3
72 p-
Policy Number: I1) / /
Loss of —d����
File or Claim Number
Claim has been made involving loss,damage or destruction of the above captioned*property,which
may either exceed$1,000.00 or cause Mass.Gen. Laws, Chapter 143,Section 6,to be applicable.
If any notice under Mass. Gen. Laws, Ch. 139, Sec. 3B is appropriate please direct it to the
attention of the writer and include a reference to the captioned insured, location, policy number,date
of loss and claim or file number.
to
Title:
On this date, I caused copies of this notice to be sent to the persons named above at the addresses
indicated above by first class mail.
Signature
F-- //- Z7
Date
A Member of The Harleysville Insurance Companies
WNS-251 CL(Ed. 5-95)