96 COLUMBUS AVENUE - ZBA Acle.
CITY of ,SALEM, /MASSACHUSETTS
r BOARD OFAPPEAL
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CITY CLERIS, SALEM, MASS
Judy 24, 2013
Decision
City of Salem Zoning Board of Appeals
Petition of KATHERINE AND JOHN MACKAY requesting approval of a modification to a Special
Permit that was issued pursuant to Section 3.3.5 of the Salem Zoning Ordinance to allow the
relocation of a stairway originally approved to be constructed on the rear of the structure to the
side of the home located at 96 Columbus Avenue (R-1 Zoning District).
A public hearing on the above Petition was opened on July 17, 2013 pursuant to Mass General Law Ch.
40A, Section 11. The hearing was closed on July 17, 2013 with the following Zoning Board Appeals
members present: Annie Harris (Vice Chair), Jimmy Tsitsinos, Mike Murray, David Eppley, and Tom
Watkins.
Petitioner seeks a modification of 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 June 11, 2013, petitioner requested a modification of a previously
approved Special Permit.
2. At the hearing on July 17, 2013, the following people spoke in favor of this petition: Katherine
and John Mackay, 96 Columbus Avenue; Andy Lyle, 40 Columbus Avenue; Cindy Jerzlo, Bay
View Avenue; Mike Swiniarksi, 126 Columbus Avenue; Renee Nowack, 114 Columbus
Avenue; Robert McCarthy, 153 Bayview Avenue.
3. Letters in favor of this petition were submitted by: Mr. and Mrs. William Cass, 92 Columbus
Avenue and James and Sisty Klein of 43 Bayview Avenue.
4. Attorney James Fleming, representing George Ahmed of 102 Columbus Avenue, spoke in
opposition.
5. Board member David Eppley made a motion to continue the discussion of this matter until the
next meeting. Board members discussed the motion and a roll call vote was taken. Two of the
members voted in favor, (Mr. Eppley and Mr. Watkins) and three members were opposed (Ms.
Harris (Vice Chair), Mr. Duffy, Mr. Tsitsinos). The motion failed.
I i
Kuou, Yoar Rights under the Open AQeeling I.-aw M.G.1,_ e: 30A § 18-25 and City Ordinauce f 2-2028 lfnnngh 2-2053.
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:
I. Desirable relief may be granted without detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the zoning ordinance, since the relocation of
the staircase from the rear of the property to the side of the property is not a substantial and
material change and would not be substantially more detrimental than the previously approved
plan and will have minimal impact on abutters.
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
(Harris, Tsitsinos, Watkins, Eppley, and Murray) and none (0) opposed, to grant the requested Special
Permit. The Special Permit, under Section 3.3.5, is granted to allow for the relocation of the staircase
from the rear to the side as shown on the submitted plans.
The Board of Appeals voted to grant petitioner's request for a Special Permit subject to the following
terms, conditions, and safeguards:
I. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be 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 Occupancy 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 Floor area at the
time of destruction, it shall not be reconstructed except in conformity with the provisions of
this Ordinance.
Know Your Rlghls ander the Open [hleeliii,, Lnv AI.G.,L. c: 30�I ff IS-25 and Cly Oakna ate If 2-2028 lbrougb 2-2033.
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 with 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.
Know ?'0111-Rtgb/�under lbe Open 49ee/ina Caul M.G.1_ t: 30A 18-25 and C.'/y Ordinance 2-2028 lhiaaloG 2-2033.
JUl p F92® 92 Columbus Ave
DEPT OP P, . Salem, Ma. 01970
°Pen"
ap July 8, 2013
City of Salem, Ma.
Board of Appeal
120 Washington St.
Salem , Ma. 01970
To the Board:
We, as abutters of Katherine and John Mackay, wish to be recorded as in
support of the changed location for the porch stairway at 96 Columbus Ave.
The Mackays continue to improve their property enhancing the value and
looks of nearby homes and the entire neighborhood .k
Mr. and Mrs. William Cass
K James & Sst ,, Klein
43 Bay View Avenue, Salem, MA 01970
July 9, 2013
Attn: Rebecca Curran, Chair
Board of Appeals REw t- Dty E
City of Salem, Massachusetts JUL 15 2013
120 Washington Street
Salem, MA 01970 Dever.or PI-r-1--l' k.
,Osamu rrf
RE: Public Hearing, Stairway Relocation, 96 Columbus Avenue
Dear Ms. Curran;
Because we are friendly with both parties involved (the MacKays and the Ahmeds), this was a
difficult decision to make. However, we can find no logical reason why the MacKays should
not be allowed to change the placement of the stairway to the side of the new addition.
As abutters to the MacKay property we would like the Board to know that we support the
MacKays plans to relocate the stairs and request that you do the same.
Sincerely,
& Sisty Klein
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