38 CABOT STREET - ZBA Cam- boi
J
-v
_ ft
L �
_.gONDIT44 CITY OF SALEM� MASSACHUSETTS
of Qc
BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
SALEM, MASS AC HU 1970
TELEPHONE 978-745-9-745-9595
FAX 978-740-9846 0
KIMBERLEY DRISCOLL 779 ."_-: -5 P 2: 00
MAYOR
June 5, 2008 r,r
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
I 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 %z 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.
r
Zonine Board Proiect Status Sheet
Project Address: 'F) CcL-6 bk-
Applicant: ko_\,IV\(k ✓owt i� 4\J ez_
VqD—ate—ofApplication:► ;k\pr 1�
Date Opened at Meeting: (Ylo. j
Date of Continued Meetings:
Extension Form Signed? ❑(Yes, date: kNo / n/a
-Lee I-Notice Sent.' Publication Dates:
FAbutters U-9tRequeste`d;: 5J lb(
(`Abutters Notice Sent:
Notice of Decision Sent: i �o L b Og
Decision Filed: Appeal Period Over: