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CRY OF.SALEM
BOARD OF APPEAL-
. 978.745-9595 Ext.361
.Will hold a public hearing for,all
persons interested in the petition sub-
mitted by JOSEPH MARTINO request-
ing Variance from the number of sto-
ries to'allow partial third floor for the
property located at 16 ABBOTT
STREET R-1.Said hearing to be held
on WEDNESDAY,JULY 19,2006 AT
6:30 p.m.,3rd floor, 120 Washington
Street,Room 313. F _
Nina Cohen l
Chairman t
SN-7/5,7/12/06 r
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4
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CITY OF SALEM, MASSACHUSET "SOF SALEM, MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
r SALEM, MASSACHUSETTS 01970
�Er TELEPHONE: 978-745-9595
�+ FAX: 978-740-9846 Z006 .QUG -9 A
KIMBERLEY DRISCOLL 1 8: 21
MAYOR
DECISION ON THE PETITION OF JOSEPH MARTINO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16 ABBOTT STREET R-1
A hearing on this petition was held on July 19,2006 with the following Board Members
present: Nina Cohen,Chairman,Richard Dionne, Robin Stein, Stephen Pinto and Annie
Harris. 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.
The petitioner is requesting a Variance from number of stories to allow partial third floor
for the property located at 16 Abbott Street located in an R-I zone.
The Variances,which have been requested,may be granted upon a finding by this Board
that:
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings and structures involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district of
the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plane, makes Lhc following findings of fact:
1. The Petitioners Joseph and Jodi Martino are the owners of the property located at
16 Abbott Street- The property is located in an R-1 District.
2. The Petitioners requested a Variance to construct a partial third floor including
dormers for the property. They have a growing family and want to be able to
remain in the home.
3. Petitioner's plan exceeds the allowable height limit of thirty-five (35) feet by two
(2) feet, necessitating the variance.
4. The abutting neighbors came to the hearing with questions and concerns. Mainly
they wanted to ensure the condition of the existing retaining wall between their
property and the Petitioner's and sought the removal of a tree appearing to be on
or close to the property line.
DECISION OF THE PETITION OF JOSEPH MARTINO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16 ABBOTT STREET R-1
page two
5. The Petitioner agreed to maintain the wall during the construction and to remove
the tree.
6. Granting such variance will not be contrary to the public interest. Owning to
special conditions,a literal enforcement of the provisions of the Zoning By-Law
would result in unnecessary hardship.
On the basis of the above findings of fact,and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted 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 Occupancy shall be obtained.
6. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, but not limited to the Planning Board.
7. Exterior finishes of the new construction shall be in harmony with the existing
Structure.
DECISION OF THE PETITION OF JOSEPH MARTINO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16 ABBOTT STREET R-1
Page three
8. Unless this decision expressly provides otherwise, any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure(s)on the
property to an extent greater than 50%of the structure as measured by floor
area or replacement cost If a structure on the property is demolished by any
means to an extent of more than 50%of its replacement cost or more than 50%
of its floor area at the time of destruction, it shall not be reconstructed except
in conformity with this Ordinance..
9. Petitioner shall maintain wall.
10.Petitioner shall remove maple tree.
11. Petitioner shall keep the work site maintained.
0
Variance Granted Robin Stein CS e/�.�
July 19, 2006 Board of Appeal
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 date of filing
of this decision in the office of the City Clerk Pursuant to 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 is
has been dismissed or denied 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.
Board of Appeal
PETITIONER
DATE
LOCATION
MOTION : TO GRAT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
CRAW SECOND
CONTINIJE SECOND
ALL i Pre�ee Glint Denv
num Cohen Amend Withdr-. nnKnnw
RiebaM Dionne ._..—
Bennie• --------- ..._._.___
ASSOCIATE MEMBERS
Steven Pinto
CONDITIONS
-------------
-
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CITY OF 11111"m MiEEECHOS TS
CITY OF SALEM, MA
CLERK'S OFFICE, ;. DO&= OF ApPF.�iI+
2
2006 JUN 26' /OFFICE],
TO TU DOUD OrAf rmu
The U01dasigsed r pream that W" Ware the owners of a osrain Pascal of hut"local"at
// ;A6 b o f - a Bab BWWm0 code.
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Plans d19earib ng the work proposed haw bean submitted to the bmpeetar of BnBdbtys a accordance with 8*ctlon D:
A.1 of**Zomk*Ord01anae. —
The Apphca*m for Permit was defied by**hapeator orluildbigs for the tollowlag resson(s):
the Hoard of Appeal to very the oras of Aw Bolan UntrW Ordinance and/or the
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3 THIRD FLOOR PLAN
2 SECOND FLOOR PLAN
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R- 1 ONE-FAMILY RESIDENTIAL DISTRICT
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PANTRY F] LOT AREA 4,300 . 0 Q. T . w
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' BATH O RI DENSITY REGULATIONS AND PROPOSED PROJECT REQUIREMENTS: o w
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MIN . LOT WIDTH - 100 FT . EXISTING LOT WIDTH 86 . 29 FT . Q o � m
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DINING MAX . LOT COVERAGE 30% EXISTING LOT COVERAGE 17 . 3 %
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DP MAX . HEIGHT 35 FT . PROPOSED NEW HEIGHT 331 -7%2'1
ENTRY CLOSET
MAX . STORIES 2%2 PROPOSED STORIES - 3 (PARTIAL)
FIRST FLOOR PLAN 4" = 116
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