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CITY OF SALEM, MASSACHUSETTS
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120 WASHINGTON SIRI:IT•SAJENI,MASSAC HUSFTIS 01970
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January 16, 2013
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City of Salem Zoning Board of Appeals
91 cn
Petition of JOHN &CATHERINE RANDALL requesting a Variance from Sec.5.1,Off-Street
Parking, of the Salem Zoning Ordinance, in order to allow a parking space of less than the
required width on the property located at 46 CHESTNUT ST(R-1 Zoning District).
A public hearing on the above Petition was opened on January 16, 2013 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on January 16, 2013 with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair),Annie Hams, Richard
Dionne, Bonnie Belair, and Mike Duffy.
Petitioner seeks a Variance pursuant to Section 5.1 of the City of Salem Zoning Ordinances.
Statements of fad:
1. In a petition date-stamped December 20, 2012, petitioner requested a Variance from
off-street parking dimensional requirements in order to construct one parking space 9'
at its narrowest point with no setback from the property boundary.
2. The petitioner represented himself at the hearing.
3. At the hearing, petitioner submitted signed letters of support for the variance from
Denice Brait and John H. Connelly of 48 Chestnut Street, Ken and Debra Hams of 42
Chestnut Street, and Katheryn and Joe DiPietro of 44 Chestnut Street.The Board
received no correspondence in opposition to the variance and no one at the hearing
spoke in favor or in opposition of the variance.
The Board of Appeals, 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. Owing to special conditions on the property,which do not generally affect the
other parcels in this zoning district, literal enforcement of the provisions of this
ordinance would involve substantial hardship to the appellant. The size of the
parcel and location of the structure on it are such that an off-street parking
space could only be constructed with less than the required width and setback.
2. 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, since the lot is large enough to accommodate the parking
space.
3. 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 fad 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. A Variance under Section 5.1 is granted to allow for the parking space,as shown
on the submitted plan.
In consideration of the above,the Salem Board of Appeals voted five (5)in favor(Curran, Harris,
Dionne, Belair, and Duffy) and none (0)opposed,to grant petitioners request 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. If applicable, petitioner shall obtain a building permit prior to beginning any
construction.
5. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
Rebecca Curran,Chair
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.
Re: Variance Application of John and Catherine Randall
46 Chestnut Street, Salem, MA
To: The Salem Board of Appeals
We,the undersigned neighbors of John and Catherine Randall,have reviewed the
Randalls' application for a variance to construct an off-street parking space at their home.
We support the Randalls' proposal and respectfully request its approval.
Name Address
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Re: Variance Application of John and Catherine Randall
46 Chestnut Street, Salem,MA
To: The Salem Board of Appeals
We,the undersigned neighbors of John and Catherine Randall,have reviewed the
Randalls' application for a variance to construct an off-street parking space at their home.
We support the Randalls' proposal and respectfully request its approval.
Name Address q
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Re: Variance Application of John and Catherine Randall
46 Chestnut Street, Salem, MA
To: The Salem Board of Appeals
We, the undersigned neighbors of John and Catherine Randall, have reviewed the
Randalls' application for a variance to construct an off-street parking space at their home.
We support the Randalls' proposal and respectfully request its approval.
Name Address