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oNNITIAO CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RO FLOOR
7 (t SALEM. MASSACHUSETTS 01970
TELEPHONE 978-745-9595
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KIMBERLEY DRISCOLL
MAYOR n
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September 4, 2008
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Decision 1
City of Salem Zoning Board of Appeals >
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Petition of RONALD MERCIER seeking a variance from the distanve
an accessory structure is required to be from the side and rear lot li es
to construct a 24' x 24' garage at 21 CIRCLE HILL ROAD (R-1).
A public hearing on the above Petition was opened on August 27, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on August 27, 2008 with
the following Zoning Board members present: Robin Stein (Chair), Rebecca Curran,
Elizabeth Debski, and Rick Dionne.
Petitioner seeks variances pursuant to the following section of the Salem Zoning
Ordinance: Sec. 7-8: Accessory buildings and structures.
Statements of fact:
1. The petitioner, Ronald Mercier, is the owner of 21 Circle Hill Road a property
located in the Residential One Family(R-1) Zoning District.
2. The property contains a single family residence.
3. The applicant is proposing to construct a 24' x 24' garage eighteen (18) inches
from the side and rear lots lines. A distance of five (5) feet is required between
accessory structures and lot lines.
4. The proposed garage is one story.
5. The petition was accompanied by plans entitled "21 Circle Hill Rd, Salem"
prepared by Larry Mercier.
6. Ronald Mercier submitted a petition in favor of the request signed by Cheryl Sher
(19 Circle Hill Road), Robin Lacey(23 Circle Hill Road), and Richard Murphy
(56 Gallows Hill Road).
7. There was no opposition to the request at the public hearing.
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:
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1. There are unique conditions including the shape and topography of the locus
which affect the locus but do not generally affect other lots in the in the Zoning
District. The proposed location for the garage is the only level area suitable for
building as the opposite comer of the lot is sloping ledge. •
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.
3. The proposed structure is in character with 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 garage as proposed, a variance from the distance and
accessory structure is required to be from side and rear lot lines is granted.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor
(Debski, Curran, Stein, and Dionne) 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 and shall meet the requirements of the Salem Historical Commission.
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
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A COPY OF THIS DECISION HAS BEEN PILED WITH THE PLANNING BOARD AND TI IEC I IN'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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