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10 LARCHMONT ROAD - BUILDING JACKETIJP �,���,� �'�� oo+olr CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL " 120 WASHINGTON STREET, 3R0 FLOOR SALEM, MASSACHUSETTS 01 970 .- TELEPHONE: 978-745-9595 -> FAX: 978-740-9846 KIMBERLEY DRISCOLL - MAYOR .- - November 16, 2007 Decision City of Salem Zoning Board of Appeals Petition of Gary Parker requesting a Variance from number of stories allowed (2 %:) to allow a third floor shed dormer for the property located at 10 LARCHMONT ROAD [R-11. A public hearing on the above Petition was held on November 14, 2007 pursuant to Mass General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin Stein, Bonnie Belair, Elizabeth Debski, Rebecca Curran and Annie Harris. Petitioner seeks variances pursuant to section § 6-4 of the Salem Zoning Ordinance specifically from the maximum number of stories allowed. Statements of fact: 1. The Petitioner, Gary Parker,presented the petition for the property he owns at 10 Larchmont Rd in the Residential One Family(R-1) Zoning District. 2. Plans accompanying the petition are entitled "Parker House, 10 Larchmont Road, Salem, MA", Sheets A-1 & A-2, dated August 8, 2007, and prepared by Gregory F. Heppner Architect, Inc. 3. The residence has a side-gabled roof and the petitioner proposes to construct a third floor shed dormer on the rear side of the residence. The addition of a dormer will provide the petitioner's family with the additional living space that they need. 4. The dormer would be a half-story higher than the maximum number of stories allowed (2 %2). 5. The petitioner presented photos of some of the neighboring residences to illustrate that the proposed addition would be in character with the rest of the neighborhood. 6. The proposed dormer would be approximately 29' wide, 7 %z feet tall, and 13' deep. It would not be higher than the peak of the existing roof, and it would not exceed the maximum allowed height of 35'. J n 2 7. The lot is approximately 50' wide, and 100' deep and the residence is situated at the front of the lot along Larchmont Street. The rear yard depth is approximately 80', leaving a significant distance between the proposed addition and the property to the rear. 8. The Petitioner represented that no plumbing will be installed in the shed dormer area. 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. The variance requested is not contrary to the public interest and, owing to special conditions; a literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in unnecessary hardship. 2. There are circumstances relating to the structure's design and location on the lot, not affecting generally the zoning district in which it is located. 3. The massing of the residence with the addition of the dormer would not be out of character with the neighborhood; therefore desirable relief may be granted to allow for this additional half-story 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 enable the proposed dormer, the petitioner may vary the terms of the Salem Zoning Ordinance § 6-4, specifically"maximum height of buildings (stories)". 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, six (5) in favor (Stein, Debski, Belair, Harris, 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. 3 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. Robin 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.