51 BROAD STREET - ZBA 51 BROAD STRET
iMARSHAm STRAUSS
L � �
n
CITY OF SALEM, MASSACHUSET—TS _
--� " BOARD OF APPEAL
kgs dF 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01 970
AB�iy�Ng poN^" TEL. (978) 745-9595
FAX (978) 740-9846 ?� A IC'
STANLEY J. USOVICZ, JR, - - - - _-
MAYOR
DECISION OF THE PETITION OF MARSHALL STRAIUSS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 51 BROAD STREET R-2
A hearing on this petition was held June 19, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau, Nicholas Helides and Joseph Barbeau. 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 front & side setback to construct a front
porch for the property located at 51 Broad Street located in an R-2 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
structure invplve.
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 plans, makes the following findings of fact:
1. Petitioner is seeking relief from density regulations to construct a front porch and
seeking relief from front and side setback requirement. The front setback will be 1
foot instead of the required 10 feet. The side setback will be 5 feet instead of the
required 10 feet.
2. Carol Kelley of 49 Broad Street spoke in support of the petition.
3. There was rk 0 opposition to the petition.
w
DECISION OF THE PETITION OF MARSHALL STRAUSS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 51 BROAD STREET F::3-2
page two
On the basis of the above findings of fact, and on, the evidence presente d at the
hearing, the Zoning Board of Appeal concludes as follows
1 . Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would i 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 4-0 to grant the Variances requested,
subject to the following conditions;
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 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.
VARIANCE GRANTED
June 19, 2002
Nicholas Helides / CsCy�
Board of Appeal
Cj
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 1 7 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 2 ,0 days after the
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 underthe name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
Y
O X
m y:
v
1 I
I
tr Ul
I 1
ZOld
1 I£
1 s
N dI
w
� i
17n Q
10
„�
UT�, j
�
c '
r ZZ
—
I
i
i I I
,
p JLp � _'j � '1 � � j I �I----• i ' I
- 1
---
I
---
'a` s�
i
o O
O `
N
TO-
N
$ o
N
O
{NeW}
Y
II
o
� m �
Q
O �
• t`I.
I'r
li
c L
P
m
s �
o trr
: n
/ Z
O
egzA m
mn � o
ti cDL
Z �T
vy bm
V1 to -n I '
y� mmv
dZT �
I
I I
11t C
N j
r
m -
O
-
X$n �m
o � z £
p; -4
doe _
i s
i
Jk
i
-N-� tRISTCa GanIST.
File No 1 MSC11668 Pape#11
SKETCH File No. lMSC11668
Borrower/Client Strauss&Gerdine
Address 51 Broad Street
City Salem County Essex State MA_ Zip Code 01970
Lender/Client Bortgage Edge Corp
26.0' 26.0'
o Kitchen o Kitchen
of rn
Bedroom Bedroom
3.0 3.0
0 0
N Dining Room Bath N Dining Bath v
3.0 3.0
o Living Room o iving Room Bedroom
M M
r �
26.0' 26.0'
1 st Floor 2nd Floor
Sbtd h'M�r ry WnEwe^'
Comments:
AR€A CALCULATIONS SUMMARY LIVING 'AREA BREAKDOWN
Code Descrtptjon Slze Totals Breakdown Su6totats '.
GLA1 First Floor 1180.00 1180.00 First Floor
GLA2 Second Floor 1180.00 1180.00 3.0 x 12.0 36.00
26.0 x 44.0 1144.00
Second Floor
3.0 x 12.0 36.00
26.0 x 44.0 1144.00