54 CHARLES STREET - ZBA 1
CITY OF SALEM, A/lASSACHUSETTS
BOARD OF APPEAL
120 WASHING ION S I RFE.1' * S\Hr.N1,MASSACHUSFI'l S 01971013 DEC 30 P 2: 01
L)Riscoij. TI iiL:9-,3-743-9595 # F\N:978-740-9846 - FILE IP
CITY CLERK, SALIEM, MASS,
December 30, 2013
Decision
City of Salem Board of Appeals
Petition of LINDA GAGNON, requesting Variances under Section 4.0 DimensionalRequirements
of the Salem Zoning Ordinance to grant relief from the minimum depth of rear yard and minimum
width of side yard requirements at the property located at 54 CF1A-RLES STREET (112 Zoning
District).
A public hearing on the above Petition was opened on December 18, 2013 pursuant to NI.G.L Ch. 40A, 6 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Nts.
Curran (Chair), Ms. Harris (Vice Chair), Mr. Dionne, 'Mr. Watkins, and Mr. Eppley (Alternate).
The Petitioner seeks Variances pursuant to Sec. 4.0 Oilvensional Requimnents of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition, date-stamped November 27, 2013, the Petitioner requests Variances to reduce the
minimum depth of the rear yard to 5.9 feet and to reduce the minimum width of side yard to 7.1 feet
to allow for the construction of an entryway.
9. Attorney George Atkins presented the petition for the property at 54 Charles Street (112 Zoning
District).
3. Attorney Atkins apologized to the Board for appearing before them after the construction of the
entry-way. He explained that Mr. Thomas St. Pierre — Building Inspector and Zoning Enforcement
Officer — visited the site during construction and informed the applicant of the need for zoning
conformance. The homeowner had not been aware of the need for Variances prior to Mr. St. Pierre's
visit.
4. Attorney Atkins stated that the lot is an irregular shape, with a "jog" that creates a second rear lot line
that is close to the house. Additionally, the entryway has to be proximate to the driveway, which is
located near the "jog" in the property line.
5. At the public hearing for this petition, four abutters spoke in favor of the petition. There were no
comments Submitted in opposition to the petition.
The Salem Board of Appeils, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, 111CIUCling the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings:
1. I'lic shape of the lot and the location Of the house on the lot create a hardship that is unique to the
parcel and the building.
2. As CviCICJICed by tile SUPPOrt expressed by the abutters who spoke in favor of the petition, the
desirable relief can be granted without substantial detriment to the Public good.
City of Salem Board of Appeals
December 30,2013
Project: 54 Charles Street
Page 2 of 2
3. Literal enforcement of the Ordinance would involve substantial hardship.
On the basis of the above statements of facts and Findings, the Salem Board of Appeals voted five (5) in favor
(NIs. Curran, Ms. Harris, Mr. Dionne, Mr. Watkins, and D[r. Eppley in favor) and none (0) opposed, to
approve the Variance from the required minimum depth of rear yard, subject to the following terms,
conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
? 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 Eixe Department relative to smoke and fire safety shall be strtctl)
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior fuiishes 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, Chair
Board of Appeals
A COPY OF TFIIS DECISION I-L1S BEEN FILED WITH THE PL-\NNING BOARD AND THE CITY CLERK
Appeal flora this deuiimr, f ar,ty, shall be made pncrnnur ro.rettron l7 of the Adasiacurtetts General L1nj t Chap/er 40A, and ihall be filed joalli r 20
e%s of filiog of dor decision ur the q§i�e of the City Clerk. Pomona to the MatmalnaelU General L�nvs Chapter 40A, Sethon //, Me Vrrname or
Special Permttgranted l)ereur shall not take ege,l mrtil a copy of the deuJmo beariog the,ertifitate of the GO,Clerk has been filer/oolb the F.'.r.�e.� Sand)Regutrt,of Deeds. .