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Q N 1 aQr CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
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l\�\n 120 WASHINGTON STREET+ SALEM,.4ASSACHUSETI'S 01970
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KimmTEY DRISCOLI, m
MAYOR
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April 30, 2012
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Decision rn
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City of Salem Zoning Board of Appeals c
Petition of DAN RANDALL requesting a Special Permit to expand a nonconforming structure in
order to construct a 20.7' x 14.6' addition on the rear of the house on 37 CHESTNUT STREET,
Salem, MA, (R1 Zoning District).
A public hearing on the above Petition was opened on April 18, 2012 pursuant to Mass General
Law Ch. 40A, § 11. The hearing was closed on April 18, 2012 with the following Zoning Board of
Appeals members present: Richard Dionne (chairing the meeting), Annie Harris,Jamie Metsch,
Jimmy Tsitsinos and Bonnie Belair.
Petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. In a petition date-stamped March 22, 2012, petitioner requested a Special Permit to
construct an addition that encroaches on the side yard setback on the property located
at 37 Chestnut Street.
2. At the hearing, the petition was presented by Phil Gillespie, part owner of the property.
3. Letters of support were submitted by Jon and Jenny Reardon,35 Chestnut Street, and
Claire Hayes, 39 Chestnut Street.
4. At the hearing, no member of the public spoke in opposition to or in support of the
project.
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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 without detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance,
since the proposed addition requires minimal relief, is in keeping with other homes in the
neighborhood, and would only be visible to the direct abutters on either side, both of whom
support the petition.
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
voted five (5) in favor (Dionne, Metsch, Harris, Tsitsinos and Belair) and none (0) opposed, to
grant the requested Variance and Special Permit. A Special Permit under Section 3.3.5 is
granted to allow for the proposed addition as shown on the submitted plans.
The Board of Appeals voted to grant petitioner's request for a Special Permit and 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.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
S. 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
2
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.
RTchard Dionne
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.
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35 Chestnut Street RECD 1VED
Salem, MA 01970
APR 17 2012
DEPT.OF PUNNING
C09ARAUt:;7Y'Ld_:'2!.t7?d4L'Iuf
April 10, 2012
Salem Zoning Board of Appeals
120 Washington Street, 3rd Floor
Salem City Hall Annex
Salem, MA 01970
Subject: Randall-Gillespie Renovation, 37 Chestnut Street
Dear Salem Zoning Board of Appeals,
We are the next-door neighbors to Dan Randall and Phil Gillespie.This letter
is in support for their planned renovation to the rear of their property. We do not
have any objections to the planned improvement.
Sincerely,
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Jon and Jenny Reardon
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39 Chestnut Street
Salem, MA 01970
April 10, 2012
Salem Zoning Board of Appeals
120 Washington Street, 3rd Floor
Salem City Hall Annex
Salem, MA 01970
Subject: Randall-Gillespie Renovation, 37 Chestnut Street
Dear Salem Zoning Board of Appeals,
My family and 1 are next-door neighbors to Dan Randall and Phil Gillespie.
This letter is in support for their planned renovation to the rear of their property.
We do not have any objections to the planned improvement.
S'xra ferely r /J
Claire Hayes
Daniel Randall & Phillip Gillespie
37 Chestnut St.
Salem, MA
3/17/12
Salem board of Appeals
Salem, MA
Re; Addition
We feel that the proposed addition will not be detrimental to the
neighborhood, currently there is an addition and deck that has a
larger footprint than the proposed addition. The new structure will
have no impact on parking, traffic flow or safety. This addition will be
in keeping with the neighborhood as is shown in the pictures
presented with similar additions. The contractor chosen is Peter
Strout General Contracting which is a Salem contractor and how
employs several Salem residence.
Sincerely Yours,
1
CHESTNUT STREET OWNER OF RECORD
PHILLIP GILLESPIE.& DANIEL RANDALL
N 83'43'30" E 7.4' I 1
76.84' 102.07' BOOK 30361 PAGE 8 E.S.R.D.
l 1 FROM DEEDS & PLAN ZONING DISTRICT
BOOK 384 PLAN 37 - TAX MAP 25 PARCEL 244
RESIDENCE 2
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PLAN BOOK 384 PLAN 37
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PLOT PLAN
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SALEM, MASS.
CARRIAGE 11,g
HOUSE SCALE. I " = 30' FEBRUARY 10, 2012
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Prepared By
coR: BRICK POST EDWARD ,..I. F'ARRELL
COR. BRICK POST S 7851'17" W PROFESSIONAL LAND SURVEYOR
`- STREET r 10 WINN STREET — SUITE 203 ~ WOBURN, MA.
WARREN (78 �) - 933 - 9012