15 JACKSON STREET - BUILDING INSPECTION I� .15 JACKSON STREET 1
4
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/1711/
No. 153L-2
HASTINGS. MN
LOS ANGELES-CHICAGO-LOGAN.ON
MCGREGOR.TX-LOCUST GROVE,GA
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�,�oNDlTa.A CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
3�q •f%� SALEM, MASSACHUSETTS O 1970
TELEPHONE: 978-745-9595
9`�4NrygD�� FAX: 978-740-9846
KIMBERLEY DRISCOLL 2010 Al'3) —Ll !7 '- 13
MAYOR
August 4, 2010
Decision
Petition of JOHN JANUARIO seeking a Variance from the minimum depth of side }yard
requirement to add an elevator to the property located at 15 JACKSON STREET in the
Residential Two Family Zoning District[R-2].
A public hearing on the above petition was opened on July 21, 2010 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present:
Robin Stein, Rebecca Curran, Annie Harris, Elizabeth Debski, Rick Dionne, Bonnie
Belair (alternate) and Jimmy Tsitsinos (alternate).
Petitioner seeks a Variance under Section 4.L 1: Table of Dimensional Requirements, of
the Salem Zoning Ordinance.
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. Petitioner John Januario represented property owner, Stanley Fudala, at the
hearing.
2. hn a petition date-stamped June 28, 2010, the petitioner requested add an elevator
to the existing structure located at 15 Jackson St.
3. No member of the public spoke in favor or in opposition of the petition at the
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. Special conditions and circumstances exist affecting the parcel or building,
which do not generally affect other land or buildings in the same district, and
literal enforcement of the provisions of this ordinance would involve
substantial hardship, financial or otherwise, to the appellant, since the lot is
configured in such a way that the only reasonable location to add an elevator
is in the location proposed.
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2. 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 zoning ordinance, since the proposed changes to the house
create an accessible dwelling unit.
3. The petitioner may vary the terms of the Residential Two-Family Zoning
District to alter the structure as proposed, which is consistent with the intent
and purpose of the City of Salem Zoning Ordinance.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
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:
I. A Variance is granted from the minimum depth of side yard requirement
to add an elevator to the existing structure as shown on the submitted
plans.
In consideration of the above, the Salem Board of Appeals voted five (5) in favor (Stein,
Curran, Harris, Dionne and Dehski), none (0) opposed, to grant the petitioner's 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 begirming any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including, but not limited to, the Planning Board.
S. Unless this Decision expressly provides otherwise, any zoning relief granted does 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 or more
than fifty percent(50%) of its replacement cost at the time of destruction. If the structure
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is demolished by any means to an extent of more than fitly 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, Chair I
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 tiling 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 clays 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.
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CARTER s TOWERS ENGINEERING CORP.Joseph 0.Carter
vro,essiona,Engineer - 6 FAIRVIEW AVENUE
Registered Land Surveyor SWAMPSCOTT. MASS. 01907
"' '' +�' Tel. 592.8386
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To the Salem Buii8ing Insp.
i I and Margaret Fudala
NO, is N{ 1 hereby certify that I have an
�V DWELLL/A/G ! �! the premises and all easements,
encroachments and buildings are
ll located on the ground as shown.,
l / further certi!y_that the buildings shown
nconforaio the zoning laws of
Salem, MA when construct,._
I further certify that this structure
p is not located in the
" established flood hazard area.
/J/ JAL ,�SC.`'/ /, Joseph 0 carter RIS ##9387 :
Certified Plot Plan
Salem, MA
Scale: 1 "=20 '
November 22 , 1991
CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING
F- /S9B3 �892/�
MANEYEACE 135989 -