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DDNDIT,(� CITY OF SALEM9 MASSACHUSETTS
Q�Qa, BOARD OF APPEAL
u 120 WASHINGTON STREET, 3RO FLOOR
9 1 ( o SALEM, MASSACHUSETTS 01970
TELEPHONE 978-745-9595
W� FAX 978-740-9846 qI
KIMBERLEY DRISCOLL ZCI� ` ' — p O. 05
MAYOR
July 1, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of CLIFFORD GOODMAN seeking a Special Permit to alter a
nonconforming structure by sdding a second floor on the property located at 22
BERTUCCIO AVENUE (R' a 1.
A public hearing on the above , ttition was opened on June 16, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on June 16, 2010 with the following
Zoning Board of Appeals members present: Robin Stein, Richard Dionne, Beth Debski,
Jimmy Tsitsinos (alternate) and Bonnie Belair (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.3, Nonconforming Structures, of
the City of Salem Zoning Ordinances.
Statements of fact:
1. Clifford Goodman, the petitioner, represented himself at the hearing.
2. In a petition dated May 25, 2010, petitioner requested a Special Permit to allow
for the addition of a 36'x 36' second story to his house.
3. The property is currently a single-family home; at the hearing, the petitioner
stated his intent to keep it as such.
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:
l. The proposed alteration of the nonconforming structure will not be more
detrimental to the neighborhood than the existing nonconforming
structure.
2. The applicant may vary the terms of the Residential One-Family Zoning
District to allow for the proposed addition as shown on the submitted
plans; the petition is consistent with the intent and purpose of the City of
Salem Zoning Ordinance.
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3. 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:
1. A Special Permit to alter a nonconforming structure is granted to allow the
addition of a second story, as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted five (5) in favor (Stein,
Tsistinos, Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests
for a Special Permit 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 the new construction shall be in harmony with the existing
structure.
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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 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.
�aCi'� S�ih Ta.
Robin Stein, Chair
Salem Board of Appeals
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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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MASSACHUSETTS QUITCLAIM DEED 2009082IN305 Bk:28877 Pg:382
W21/2009 01.33 DEED P9 ill
We, Roy K. Lapham and Eleanor T. Lapham of 4-6 Atlantic Avenue, Salem, Massachusetts
01970, for consideration paid, and in full consideration of FIFTY THOUSAND AND 00/100 Dollars
(Us, Patricia50,000.00) grant to Pacla D. Shute, Individually, of 4-6 Atlantic Avenue, Salem, Massachusetts
01970 with quitclaim covenants the following property in Essex County, Massachusetts.
Parcel 1: the land in Salem; Essex County, Massachusetts, situated on the comer of Lussier and Atlantic
Streets, Being lot numbered one hundred and forty (140) on a Plan of Lots by C.A. Putnam, C.E. dated
December 1894, recorded with Essex South District Registyr of Deeds,Book 1438, Page 600 and bounded
and described as follows:
Southerly: by Atlantic Street, fifty two and five tenths(52.5)feet;
Westerly: by Lussier Street,on ehwtdred(100)feet;
Northerly: by lot numbered one hundred and thirty-nine(139)on said Plan,fifty two and five
Easterly: by land now or formerly of Mathieu,one hundred(100)feet.
Said lot is also shown on plan No. 8 recorded with Essex Probate Records at the end of Book 574.
Subject to restrictions of record so far as now in force and applicable.
Being a portion of the same premises conveyed to the herein named grantor(s) by deed recorded with Essex
South District Registry of Deeds in Book 13006,Page 89.
SouthernMASSACHUSETTS sse EXCISE TAX
District
Southern Essex Di 01:33 ROD
ID;
3602V2009 01:39 PM
ID: 749602 Oacp 20090921003090
Witness my/our hand(s)and seal(s)this 17th day of August, 2009. Fee: s229.DD Cons s90,000 00
RoyVLapharff Eleanor T.Lapham
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this 17th day of August,2009,before me,the undersigned notary public,personally appeared
Roy K. Lapham and Eleanor T. Lapham,proved to me through satisfactory evidence of identification,
which was/were [X1 Mass.driver's license(s)or [ 1 .to be the person(s)whose
name(s) is/are signed on the preceding or attached document,and acknowledged to me that he/she/they
sign voluntarily for its st d purpose.
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o�Q.rER T..4o�r
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Notary Pub ic: Christopher T. C :0 Z �,2oI _ a
My Commission Expires: 7/25/ 00 /4 =yf�,- ° •Et
PROPERTY ADDRESS: 4-6 Atlantic Avenue Salem,Mas.. h l ,
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