Loading...
38 CABOT STREET - ZBA (2) 3 � Co,to S� l /fect 111.2 ,poNDITq.Ao CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 1 120 WASHINGTON STREET, 3RD FLOOR f a SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 `�7AlINE�� FAX:-978-740-9846 KIMBERLEY DRISCOLL MAYOR June 1,2011 CI'"Y.L :.'1• Decision City of Salem Zoning Board of Appeals n Petition of RAYNALDO DOMINGUEZ requesting a Variance from Sec. 3.2.4 of the Salem Zoning Ordinance, Accessory Building Structures, including side yard setback, number of stories, and height, in order to demolish the existing garage on 38 CABOT STREET and construct a garage with second-story storage (R-2). A public hearing on the above Petition was opened on April 20, 2011 511 pursuant to Mass General Law Ch. 40A. The hearing was continued to May 18, 2011 and closed on that date with the following Zoning Board of Appeals members present: Rebecca Curran,Richard Dionne, Annie Harris,Jamie Metsch,Bonnie Belair(alternate) and Jimmy Tsitsinos (alternate). Petitioner seeks Variances pursuant to Section 3.2.4 (Accessory Buildings and Structures) of the City of Salem Zoning Ordinances. Statements of fact: 1. The petitioner represented himself at the hearing. 2. In a petition date-stamped March 30, 2011,the petitioner requested Variances from Accessory Buildings and Structures requirements in order to tear down an existing garage and build a new 15 x 24 foot garage with additional second floor storage. 3. At the meeting on April 20, 2011,Board members noted that plans were not clearly drawn and not scaled, and requested further detail. 4. The hearing was continued to May 18, 2011,when the petitioner presented revised drawings. 5. No one spoke in support of or opposition to the petition. 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 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. 2 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. Variances under Sec. 3.2.4 of the Salem Zoning Ordinance to demolish the existing garage on 38 Cabot Street and construct a new garage with second-floor storage are granted. In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Curran, Dionne, Harris,Metsch and Tsitsmos) and none (0) opposed,to grant petitioner's request 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. Exterior finishes of the 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. Rebecca Curran, an- 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 3 decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. Y �onolr�.�o CITY OF SALEM, MASSACHUSETTS �? BOARD OF APPEAL is 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01970 ' TELEPHONE: 978745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL 7 MAYOR Cr 9 .�(.%i -1 P 2: 00 June 5, 2008 Decision City of Salem Zoning Board of Appeals Petition of RAYNALDO DOMINGUEZ seeking VARIANCES from minimum front yard depth to construct a new 24' x 6' porch and number of stories allowed (2 %2) to construct a 15' x 7' third floor dormer at 38 CABOT STREET (R-2). RAYNALDO DOMINGUEZ requesting to WITHDRAW the request for a Variance from the distance an accessory structure is required to be from lot lines to allow for an 8' x 8' shed 2' from the side lot line and 1' from the rear lot line at 38 CABOT STREET (R-2). A public hearing on the above Petition was opened on May 21, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The public hearing was closed on May 21, 2008 with the following Zoning Board members present: Robin Stein (Chair), Rebecca Curran, Elizabeth Debski, Annie Harris and Bonnie Belair(Alternate). Petitioner seeks variances pursuant to the following sections of the Salem Zoning Ordinance: Table I: Residential Density Regulations. Statements of fact: 1. The petitioner, Raynoldo Dominguez, is the owner of 38 Cabot Street a property located in the Residential Two Family (R-2) Zoning District. The property contains and two residential units. 2. The petition is accompanied by a plan entitled, "Plot Plan of Land Located at 38 Cabot Street", prepared by North Shore Survey Corporation, dated April 21, 2008. Additionally, the petition is accompanied by four perspectives of a 3D computer model illustrating the proposed porch. 3. The petitioner is proposing to remove the existing porch (approx. 5' x 6') and construct a 24' x 6' farmer's porch on the front of the residence. The petitioner states the existing porch is in poor condition and in need of replacement. The minimum depth of front yard required is 15'; the petitioner is proposing a front yard depth of 3' and is therefore seeking a variance from the minimum depth of front yard. 2 4. The maximum height of buildings allowed in stories is 2 % stories. The petitioner is proposing to construct a 15' x 17' third floor dormer; therefore, the petitioner is seeking a variance from the maximum height of buildings (stories). The dormer would increase the living space for the second floor unit. 5. The Zoning Ordinance does not allow an accessory structure to be located closer than 5' from any lot line. The petitioner's application included a request for a variance from the distance an accessory structure is required to be from lot lines to allow an 8' x 8' shed 2' from the side lot line and 1' from the rear lot line. The petitioner requested to withdraw this portion of the application at the public hearing. 6. Wendy Curtin (5-7 Geneva Street) spoke in opposition of the petitioner's request for a variance to allow for a shed. 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. Minimal relief is necessary to allow the construction of the dormer, which can provide for increased living space on this small lot. The existing front yard depth is similar to what is proposed and the style of the proposed porch will enhance the look of the property. These are special circumstances that especially affect the land and structure, not generally affecting other lots in the in the Zoning District. 2. A literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in substantial hardship financial or otherwise to the petitioner who is seeking to make improvements to his property. 3. The proposed porch and dormer would not be out of character with structures existing in the neighborhood. Therefore, 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 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 allow for the 24' x 6' porch as show on the plot plan, the petitioner may vary the terms of the Salem Zoning Ordinance, specifically the minimum depth of front yard. 2. To allow for the 15' x 17' third floor dormer as show on the plot plan, the petitioner may vary the terms of the Salem Zoning Ordinance, specifically the maximum height of buildings (stories). 3. The petitioner's request to withdraw the variance requested for the proposed shed is allowed by this decision without prejudice. 3 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, five (5) in favor (Debski, Curran, Stein, Harris, and Belair) 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 statues, 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 new construction shall be in harmony with the existing structure, though slate is not required on the roof. 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.