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BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
v ( q SALEM, MASSACHUSETTS 01970
.. l TELEPHONE: 978-745-9595
W� FAX: 978-740-9846
KIMBERLE MAYOR
ISCOLL 2009 JUL 29 A Q: O5
CITY CLEf,'FILF'
July 29, 2009
Decision
City of Salem Zoning Board of Appeals
Petition of BASLAND DEVELOPMENT, seeking Variances from lot area and lot
area per dwelling unit on 134 BRIDGE STREET and Variances from required side
and rear yard setbacks, lot width, lot coverage, minimum lot area, and minimum lot
area per dwelling unit on 142 BRIDGE STREET,to allow for the construction of a
two-family house on the property at 142 BRIDGE STREET, Salem,MA, in the
Residential Two-Family Zoning District(R-2).
Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §64,Table I:
Residential Density Regulations.
Statements of fact:
1. Brian Boches,the property owner and petitioner, represented himself at the hearing.
2. In a petition dated June 24, 2009,the applicant requested Variances from lot width,
side and rear setbacks,lot area and lot area per dwelling unit to accommodate the
construction of a two-family dwelling to replace another two-family dwelling which
was condemned and demolished.
3. A public hearing on the above mentioned Petition was opened on July 15, 2009,
pursuant to Mass General Law Ch. 40A, % 11. The pubic hearing was closed on
July 15, 2009,with the following Zoning Board of Appeals members present: Robin
Stein (Chair), Richard Dionne, Beth Debski, Annie Harris,Bonnie Belair(alternate),
and Jimmy Tsitsinos (alternate).
4. At the hearing,several residents spoke, stating they did not oppose the project, but
had concerns relating to parking and congestion. They wished to see adequate green
space on the property, and sufficient buffering between the property's parking area
and neighbors. They also requested that the fence around the property be replaced.
5. At its meeting on July 15,2009,the Board of Appeals voted five (5) in favor and
none (0) opposed to grant Variances from the dimensional requirements of§64,
Table 1: Residential Density Regulations.
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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, as the property
is oddly shaped and has very little frontage.
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.
3. The applicant mayvary the terms of the Residential Two-Family District to
construct the proposed new house,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:
1. To allow for the construction of the two-family house as proposed,the requested
Variances from dimensional requirements for structures in the Residential Two-
Family zone are granted.
In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Stein,
Hams, Belair,Debski and Dionne) and none (0) opposed,to grant petitioner's requests for
Variances 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. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain street number from the City of Salem Assessor's Office and
shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Comtnission having
jurisdiction including, but not limited to the Planning Board.
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8. Petitioner shall replace the fence between 146 Bridge Street and 9 Northey Street.
A-4-" .6' /,-)71�
Robin Stein, nair
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 trade 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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