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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
Will hold a public hearing for all
persons interests in the petition sub-
milled by EDWARD BYRNE seeking a
Variance from side yard setback to
construct a 10 is 8 mud room for
?" property located at 10 CONANT
STREET R-2.Said hearing Will be held
f- on WEDNESDAY, APRIL 18, 2007,
6:30 p.m., 3rd floor 120 WASHING-
e TON STREET Room 313.
g � Nina Cohen,Chairman
y SN-4/5,M11/07
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l:
May 24, 2007 t5r
Decision N cn
CD
Petition of Edward Bryne Requesting a Variance D nr
for the Property at 10 Conant Street
City of Salem Zoning Board of Appeals o
w
A public hearing on the above petition was opened on April 18, 2007 pursuant to
Massachusetts General Laws Ch. 40A, Sec. 11. The following members of the Salem
Zoning Board of Appeals ("Zoning Board of Appeals") were present: Bonnie Belair,
Elizabeth Debski, Richard Dionne, Annie Harris and Robin Stein.
The petitioner, Edward Byrne ("petitioner"), sought a variance from side yard setback for
the real property located at 10 Conant Street, Salem, located within a two-family
residential (R-2) zoning district.
The Zoning Board of Appeals, after careful consideration of the evidence presented at the
public hearing, and after thorough review of the petition submitted, submits the following
findings of fact:
1. Petitioner's property is a single-family dwelling within a two-family
residence district.
2. Petitioner sought a variance from the minimum required 10 foot side yard
setback under the zoning ordinance to a side yard setback of
five (5) feet.
3. The variance is being sought to enable the construction of a 10 x 8
mudroom for the property at 10 Contant Street.
4. Building Commissioner Thomas St. Pierre stated that Michael Sosnowski
(Councillor Ward Two) was in favor of the petition.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to the Petition, the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request for a variance does not constitute substantial
detriment to the public good nor does it nullify or substantially derogate
from the intent or purpose of the zoning ordinance as residential dwellings
are a permitted use in the R-2 district.
2. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
3. In permitting such change, the Zoning Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
In consideration of the above, five (5) members (Belair, Debski, Dionne, Harris and
Stein) of the Salem Zoning Board of Appeals voted to grant the petitioner's request for a
variance, and zero (0) members voted to deny the petitioner's request for a variance,
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 done as per the plans and dimensions submitted
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. Petitioners shall obtain building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure, with the exception that vinyl siding shall be permitted.
6. A Certificate of Occupancy shall be obtained.
7. If necessary, petitioner shall obtain proper street numbering from the City
of Salem Assessor's Office and shall display said number as to be visible
from the street.
S. Petitioners are to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
9. Unless this decision expressly provides otherwise, any zoning relief
granted does not authorize the Petitioners to demolish or reconstruct any
structures(s) on the property to an extent greater than 50% of the structure
as measured by floor area or replacement cost. If a structure on the
property is demolished by any means to an extent of more than fifty
percent of its replacement cost or more than fifty percent of its floor area
at the time of destruction, it shall not be reconstructed except in
conformity with this Ordinance.
Elizabeth Debski /
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH 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 Massachusetts General Laws Chapter 40A, Section 11,the
Variance or Special Permit granted herein shall not take effect until a copy of the decision hearing
the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if
such appeal has been filed,that it has been dismissed or denied and is recorded in the South Essex
Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on
the owner's Certificate of Title.
ZONING DISTRICT — R2: RESIDENTIAL
"I CERTIFY THAT THE DWELLING IS
N/F - LOCATED AS SHOWN."
NICHOLAS PAPACOSTANTENOU
& STACEY J. PAPPAS
MAP 36 LOT 138 RALPH W. REID P.L.S.
40• 1 NOTE: THIS
PLAN WAS PREPARED FROM
AT
�3440t S.F.
ii� (asses ) N/F
iiµ PROPOSED BLANCHE P., CLARA H.,
8.0' X 10.01 & IRENE S. KOZLOWSKI
MUDROOM MAP 36 LOT 130 GRAPHIC SCALE
N/F
WILLIAM F. & SUSAN P. MURPHY
MAP 36 LOT 128
( IN FEET )
2•*� I inch = 20 tL
1 1/2
STORY
ALUMINUM
#10 's SALEM , MASSACHUSETTS
13 S PLAN SHOWING PROPOSED MUDROOM
ROD PREPARED FOR:
Mc zs
1O 40' STREET " EDWARD BYRNE & SUSAN KAMINSKI
C0NAN
MAP 36 LOT 129
DEED REFERENCES FOR THIS PARCEL: 10 CONANT STREET
BOOK: 13092 PAGE: 596
BOOK: 6005 PAGE: 504 REID LAND SURVEYORS
LOT COVERAGE:
BOOK: 4683 PAGE: 572 365 CHATHAM STREET L
BOOK: 4322 PAGE: 461 EXISTING — 23.1% LYNN, MASSACHUS07S
BOOK: 2772 PAGE: 100 PROPOSED — 25.47
R07—O50
BOOK: 1727 PAGE: 558 BUB
BOOK: 1179 PAGE: 156 DATE: MARCH 23, 2007 SCALE: 1 " = 20'