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I:egal Notice
circ of sALEM
ZOIIMG Bawl APPEALS
' 97&6185685;'
f
ill'h a"putlicfiearing for all
�." persons irrteresfed':•in the psM.on sub-. i
� 'mltteC by,CARTER VMSON.request- :..
ing aVarlance from number of•sto".
r,Ies?(21/2)to q1I a thlydafoor -
. eiipsheion for theProperiy-tocated at' -
32 BEACH AVENUE(R1)
d hearing toy be,held.WEDNIS,
' DRY,{September!,19,2007 AT 11.30 -.
floor conference room 120
WASHINGTON STREET ROoo 13.
` Robin Stein
_ Chair
. sri-sis,snzitn
a
OON01Tq.q� CRTY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
z 16 120 WASHINGTON STREET, 3RD FLOOR
9 ` Q SALEM, MASSACHUSETTS 01970
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TELEPHONE: 978-745-9595
I P
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�TMINE
FAX: 978-740-9846
KIMBERLEY DRISCOLL J [ '
MAYOR
October 2, 2007
Decision
City of Salem Zoning Board of Appeals
Petition of Carter Vinson requesting a Variance from number of stories
(21/�)-t"low-a--Chir-d-fl,00r-expansion-for-the pr--oper-ty-located-at-32 —
Beach Ave (R-1).
A public hearing on the above petition was opened on September 19, 2007 pursuant to
Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board members present:
Robin Stein, Annie Harris, Rebecca Curran, Richard Dionne, and Bonnie Belair.
Petitioner seeks variances pursuant to Section 9-5 of the Salem Zoning Ordinance to
allow a third floor expansion for the property located a 32 Beach Ave.
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 of fact:
1. Carter Vinson, petitioner, presented the petition for the property he owns at 32
Beach Ave in the R-1 Zoning District.
2. Petitioner proposes to remove the three existing second story dormers on the
front of the home and replace them with a combination of gable dormers, and
a shed dormer as show on the plans entitled"Vinson Residence, 32 Beach
Ave, A Proposed Addition", dated August 10, 2007, sheets A.1- A.3. The
addition consists of two-story(2„d and 3`a story) gable dormers (front -
approximately 12' 8"wide, 12' high and extending 16' from the center of the
roofline) and a third floor shed dormer (front and rear- approximately 28'
wide, 9' high and extending 14' from the center of the roofline).
3. In support of the petition was Robert McCarthy of 153 Bay View Ave, who
spoke at the hearing.
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 as follows:
1. The petitioner may vary the terms of the Residential Single Family Zoning
District to enable the proposed development, which development is consistent
with the intent and purpose of the City of Salem Zoning Ordinance.
2
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(Stein,
Harris, Belair, Dionne, and Curran) none (0) opposed, to grant 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 beginning any construction.
5. Exterior finishes of 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.
8. 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%0 -of iIs floor area of more than fift r - - -( ° )- - f -p - co-- -- - ----
( ) y percent 50/o of its re lacement st 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.
o m Stein, 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.
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