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BOARD OF APPEAL
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m' 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 -C q
TELEPHONE: 978-745-9595 r c�
FAX. 978-740-9846
KIMBERLEY DRISCOLL =^t N)
MAYOR �'rn _0
April 28, 2010 s ^'
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Decision
City of Salem Zoning Board of Appeals
Petition of MAUREEN BUCK requesting a Variance from number of stories to
allow for the construction of a roof deck over one unit, and the addition of two gable
dormers and one shed dormer to the second unit on the two-family home at 11
CURTIIS STREET (Residential Two-Family Zone).
A public hearing on the above Petition was opened on April 14, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on April 14, 2010 with the
following Zoning Board of Appeals members present: Robin Stein, Richard Dionne,
Rebecca Curran, Beth Debski, Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate).
Petitioner seeks a Variance pursuant to Section 4.0 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Daniel Skolski, project architect, presented the petition at the hearing. Petitioner
was also present.
2. In a petition dated March 23, 2010, petitioner requested a Variance to allow for
the addition of a shed dormer and two gabled dormers on her two-family home.
The petition and plans also proposed the removal of a gabled roof and its
replacement with a flat roof with a roof deck.
3. No member of the public spoke in opposition or support of the petition at the
hearing.
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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. Special conditions and circumstances exist affecting the parcel or building,
which do not generally affect other land or buildings in the same district,
and literal enforcement of the provisions of this ordinance would involve
substantial hardship, financial or otherwise, to the appellant, since the lot
is very small and there are limited means of expanding indoor space.
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 proposed changes to the house
are minimal.
3. The applicant may vary the terms of the Residential Two-Family Zoning
District to construct the proposed addition, which is consistent with the
intent and purpose of the City of Salem Zoning Ordinance. '
4. 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:
1. A Variance is granted to construct the proposed addition, as shown in the
plans submitted.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein,
Curran, Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests
for a 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 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
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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.
Robin Stein, Chair
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITiI THL'PLANNING BOAKD 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.
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To: Members of the City of Salem Zoning Board of Appeals:
By signing this petition, we are expressing our support of the petition Chris and Eleni
Lirantonakis to the Board of Appeals which would allow them to subdivide their existing land at
20 Maple Avenue (aka 18 Maple Avenue) and to construct a new house on the property. Mr.
Lirantonakis has discussed his plans with us and we believe the plans would be in keeping with
the character of our neighborhood.
Name: (� Address:
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