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120 WASHINGTON STREET#SALEM,MASSACHUSETTS 01970
��MINBW�� '1'F.LE:978-619-5685 FAX:978-740-0404
MMBERLEY DRISCOLL -
MAYOR
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October 3, 2012 r C=1
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Decisionm
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City of Salem Zoning Board of Appeals i N
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Petition of CHRISTINE BURKINSHAW requesting a Variance from side yard setbA and a
Special Permit to extend a nonconforming structure, in order to construct an addition to the
second floor unit located on 118 DERBY ST(61 Zoning District).
A public hearing on the above Petition was opened on September 19, 2012 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on September 19, 2012 with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair), Michael Duffy,Jimmy
Tsitsinos, Annie Harris and Richard Dionne.
Petitioner seeks a Special Permit pursuant to Section 3.3.3 and a Variance pursuant to Section
4.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped July 24, 2012, petitioner requested a Variance and a Special
Permit to construct a second-floor addition on the property located at 118 Derby St.
2. In the course of reviewing the application, the Building Commissioner determined that
only a Special Permit would be required to construct the addition, and not a Variance, as
requested.
3. At the hearing, Paul Lessard, the petitioner's architect, presented the petition. Owners
Robert and Christine Burkinshaw were also present.
4. At the hearing, Mr. Lessard stated that the addition would provide a better egress for
the upstairs apartment, and that the lower level would be storage for Ye Olde Pepper
Company,the adjacent candy store, which the petitioner also owns. ,
5. At the hearing, no member of the public spoke in favor of or against the project.
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The Board of Appeals, 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 detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance.
The proposed addition would improve the building and the property, and provide a better
second-story egress. While the building would increase in square footage, the addition is
small. The project does not present any problems with regard to parking.
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 (Curran, Dionne, Tsitsinos, Harris and Duffy) and none (0) opposed, to
grant the requested Special Permit. A Special Permit under Section 3.3.3 is granted to allow for
the proposed addition 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:
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. A Certificate of Inspection is to be obtained.
8. Petitioner is 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
empower or authorize the Petitioner to demolish or reconstruct the structure(s) located
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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.
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 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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Paul R. Lessard, Architect
office & cell phone 978.210.1960
Paul@ aularchitect.com
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•AutoCAD. 3D Modeling, Photoshop & PowerPoint
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BURKINSHAW BUILDING PAUL R. LESSARD
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DRAWING: EXISTING BUILDING ELEVATIONS SCALE: 1/8"=1 '-0" 18 LEAVITT ST. SALEM, MA 01970 (978) 210-1960
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DRAWING: PROPOSED ELEVATIONS SCALE: 1/8"=1 '-0" 18 LEAVITT ST. SALEM, MA 01970 (978) 210-1960
1 City of Salem, MA 7/20/2012
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