16 BURNSIDE STREET - ZBA � I �jwr�s;dl� S�-• �0��
J
vas c�
CITY OF SALEM, MMSSACHUSETTS
BOARD OF APPEAL
y ; Q
�fYP9$G�
, R31 P 3: 0
120WASHNGTON STREET SAIEM,MASSACHUSETTS
F'CtM+ pll TELE:978-745-9595 FAx:978-740-0404
FILE 9
CITY CLERK, SALEM. MASS.
KIMBERLEYDRISCOLL
MAYOR
Y'
March 31, 2009
Decision
City of Salem Zoning Board of Appeals
Petition of FRANK B. SWASEY, seeking Variances from minimum front and side
yard setbacks, and from maximum distance of an accessory structure (carport) to
the principal structure, to accommodate construction of a covered carport on the
property located at 16 BURNSIDE STREET, Salem, MA, in the Residential Two-
Family (R-2) Zoning District.
A public hearing on the above petition was opened and closed on March 18, 2009
pursuant to Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board
members present: Robin Stein(Chair), Bonnie Belair (alternate), Richard Dionne, and
Jimmy Tsitsinos (alternate).
Petitioner seeks a variance pursuant to Section 9-5 of the City of Salem Zoning By-law.
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 of fact:
1. Frank Swasey presented the petition for the property he owns at 16 Burnside
Street in the R-2 Zoning District.
2. Petitioner proposes to construct a 19'x 21' covered carport on his property.
3. The following plans were submitted with the petition: "Exhibit Plan of Land
in Salem, MA prepared for Frank Swasey,"by Bartram Land Survey, Inc.
4. David Nunez,14 Burnside Street, submitted a letter to the Board of Appeals
dated November 1, 2008, stating his support for the project.
5. In a Statement of Hardship submitted to the Board of Appeals with his
petition, Mr. Swasey stated his need to build the carport in order to keep his
vehicles covered and avoid snow shoveling for health reasons. Mario E.
1
Motta, M.D., FACC, the petitioner's physician, submitted a letter to the Board
of Appeals dated January 20, 2009 stating the petitioner had a heart condition
and should avoid heavy shoveling.
The Board of Appeal, after careful consideration of the evidence resented at the public
PP P
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The petitioner's request for a variance does not constitute substantial
detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. The petitioner may vary the terms of the Residential Two-Family Zoning
District to construct the proposed carport.
4. 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, four(4) in favor
(Belair, Stein, Dionne, and Tsitsinos) and none (0) opposed, to grant petitioner's requests
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.
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.
6. A Certificate of Inspection is to be obtained.
J '10271
Robin Stein, Chair
Salem Zoning Board of Appeals
2
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.
3