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goNOIrA CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
;� ( Q SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
W� FAX: 978-740-9846 ! -
KIMBERLEY DRISCOLL
MAYOR l
CITY['
November 30, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of TAMMIE FAVA requesting a Special Permit under Sec. 3.3.5 of the Salem
Zoning Ordinance in order to construct a third story dormer on the two-family home
at 21 BUFFUM ST (R-2 Zoning District).
A public hearing on the above Petition was opened on November 16, 2011,pursuant to
Mass General Law Ch. 40A, 4 11. The hearing was closed on November 11, 2011 with the
following Zoning Board of Appeals members present: Rebecca Curran, Richard Dionne,
Annie Harris,Jamie Metsch, and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Tammie Fava presented her petition at the hearing.
2. In a petition date-stamped November 10, 2011, petitioner requested a Special Permit
to extend a nonconforming two-family home by constructing a third-floor shed
dormer addition.
3. At the meeting on November 16, 2011, a resident opposed the petition if it would
involve making the building a three-family home. The petitioner stated she was not
asking for a third unit.
4. At the hearing,Board member expressed concerns about the design of the dormer,
petitioner revised the drawing to raise the roofline and match the pitch of the new
dormer roof to that of the existing roof.
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. Desirable relief maybe granted,since the proposed modification will not be
substantially more detrimental than the existing nonconforming structure to
the neighborhood.
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2. 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 under Sec. 3.3.5 of the Salem Zoning Ordinance to expand a
nonconforming two-family house is granted, as shown in the submitted plans.
In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Curran,
Hams,Dionne, Tsitsinos and Metsch) and none (0) opposed,to grant petitioner's request
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 bythe Building Commissioner.
3. Plans were revised and submitted at the meeting,with the drawing dated
11/16/11 and initialed bythe Chair. Final drawings to be submitted to the
Building Commissioner for approval.
4. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
5. Petitioner shall obtain a building permit prior to beginning any construction.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7. A Certificate of Occupancy is to be obtained.
8. A Certificate of Inspection is to be obtained.
9. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including,but not limited to,the Planning Board.
10. 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.
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Rebecca Curran, Chair
Salem 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.
17 Buffum Street
Salem
City of Salem, Massachusetts
Zoning Board of Appeals 16,November, 2011
To Whom It May Concern:
Good evening. I am David Gavenda of 17 Buffum Street and, after considerable
thought, here tonight representing my family's interests in the issue regarding the
apparent request by the owners of 21 Buffiun Street. We are opposed to any change to the
status quo if it would involve allowing a third family occupancy in this presently zoned
R-2 Zoning District.
Please know that this decision on our part is in no way personal and is without
prejudice. It is based on our fervent belief and desire to continue maintaining a certain
quality of life; minimizing on-street parking issues and neighborhood density. Needless
to say,this also enhances property values.
Aesthetically we have no objection to the addition of a dormer, as such, keeping
in mind that even Historic Salem, Inc. found Buffum Street historically interesting
enough to highlight in last years successful Christmas House Tour.
Once again we oppose any zoning changes from a 2-family occupancy as this
would set a dangerous precedent affecting the entire street.
Yours Respectfully,
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Genevieve S. Gavenda, owner
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David T. Gavenda
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Nancy S. Gavenda