40 COLUMBUS AVENUE - ZBA �l0 ColLLWbws ���
poNDITq,, CITY OF SALEM, MASSACHUSETTS
yRy Al BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
Y tl j o SALEM, MASSACHUSETTS O 1970
DD�P TELEPHONE: 978-745-9595
KIMBERLEY DRISCOLL
FAX. 978-740-9846 Zu.,i A 1�: 28
MAYOR
May 4, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of ANDRE W LYALL requesting a Variance from minimum width of side
yard, and a Special Permit to extend a nonconforming structure, to allow an attached
garage approx. 10' x 19' at 40 COLUMBUS AVENUE (R-1).
A public hearing on the above Petition was opened on Apri120, 2011,pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on that date with the following Zoning
Board of Appeals members present: Rebecca Curran, Elizabeth Debski, Richard Dionne,
Annie I-Tanis,Jamie Metsch, and Jimmy Tsitsinos (alternate). I'
Petitioner seeks a Variance pursuant to Section 4.1.1 and a Special Permit pursuant to
Section 3.3.5 of the City of Salem Zoning Ordinances.
Statements of fact:
1. The petitioner represented himself at the hearing.
2. In a petition date-stamped March 30, 2011,the petitioner requested a Variance from
required side yard setback and a Special Permit to construct a second story on an
existing garage attached to the single-family house located at 4 Patton Road.
3. At the meeting on April 20, 2011,three residents spoke in support of the petition.
No one spoke in opposition.
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 substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance.
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 concludes:
2
1. A Variance from side yard setback requirements of Section 4.1.1 of the Salem
Zoning Ordinance is granted.
2. A Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance to extend a
nonconforming single-family house is granted.
In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Debski,
Harris, Curran,Dionne and Metch in favor) and none (0) opposed,to grant petitioner's
request for a Special Permit and Variances 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 harmonywith 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.'
8. 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
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.
9. Windows are to comply with Building Code requirements.
L� /.
ReGecca Curran, Chair
Salem Board of Appeals
3
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.
c I
r
JUNIPER COVE
ZONING DISTRICT.
R1 - ONE FAMILY RESIDENTIAL 2
°
MINIMUM LOT AREA - 15,000 S.F.
MAXIMUM LOT COVERAGE - 30.0% /
MINIMUM FRONT YARD - 15.0' ` 0 c
MINIMUM SIDE YARD - 10.0' < v
MINIMUM REAR YARD - 30.0, m m
MAXIMUM BUILDING HEIGHT - 35.0, NTER ISLAND
MINIMUM DIST. BETWEEN BUILDINGS - 40.0' ROAD
LOCUS MAP
LOT COVERAGE: (not to scale)
EXISTING - 7.0%
PROPOSED - 8%
NOTE: LOT COVERAGE FIGURES INCLUDE
DECK AND COVERED FRONT PORCH.
"I CERTIFY THAT THE DWELLING IS
LOCATED AS SHOWN."
19,650t S.F. -'gqz. 4--�-�_y-&
(total assessed)
RALPH W. REID P.L.S.
N/F 4500t s.f. (upland)
A. RALPH CYR 15,150f s.f. (flats) NOTE: THIS PLAN WAS PREPARED FROM
MAP 44 PARCEL 147 a AN INSTRUMENT SURVEY.
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RUTH ANNE FITZGERALD
& CLAIRE F. FITZGERALD
MAP 44 PARCEL 149
GRAPHIC SCALE
APPROXIMATE LOCATION
OF STONE AND MORTAR WALL PO ° �a �°
y ,
( Dr FEET )
1 inch - 20 ft.
PROPOSED
10' 9" X14' 8"
2nd FLOOR ADDITION REVISED: 8/20/08 - PROPOSED ADDITION & IMPROVEMENTS
SUN SALEM , MASSACHUSETTS
PROPOSED ,
ROOM
10' X 19' loss
o" '-,.y DECK _ PLAN OF LAND
18.7'GARAGE � 10'0 _ ANDREW G. LYALL
WOO2 STORY , 9_3
#38 MAP 44 PARCEL 148
#38 / 4 1 1/2 ;
STORY ; , ,�2 40 COLUMBUS AVENUE
WOOD
f.o� - - STORY
#40 VINYLREID LAND SURVEYORS `R/
g i 8.5' #38
COVERED PORCH N 365 CHATHAM STREET / S
/ LYNN, MASSACHUSETTS
50 DEED
PORCH BACK 0.10' t DATE: MAY 8, 2008 ( SCALE: 1 " = 20'
S08-008
VENUE BLB DEED REFERENCE — BOOK: 9412 PAGE:
40 COLUMBUS A E: 240
a
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