22 EDEN STREET - ZBA a,L �
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oNDITq.� CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREET, 3RD FLOOR
o SALEM, MASSACHUSETTS 01970 i Z5
TELEPHONE: 978-745-9595
ooh FAX: 978-740-9846 'gin
KIMBERLEY DRISCOLL !'"n' N
MAYOR
April 28, 2010
J,
Decision
City of Salem Zoning Board of Appeals
Petition of LEE AND MAUREEN DAVIS, seeking Variances from lot coverage and
side yard setback to allow for the construction of an addition onto the existing
single-family home on the property located at 22 EDEN STREET, Salem, MA
(Residential One-Family Zoning District).
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, Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate).
Petitioner seeks Variances pursuant to Section 4.0 of the City of Salem Zoning
Ordinances.
Statements of fact:
I. The petitioners, Lee and Maureen Davis, represented themselves at the hearing.
2. In a petition dated February 23, 2010, petitioners requested dimensional
Variances in order to construct an addition onto their single-family home.
3. After discussions with the Building Inspector about their plans, petitioners
submitted revised plans, dated 4/5/10, to the Board of Appeals. At the hearing the
Building Inspector stated that the original plans had more closely resembled a
second unit than an addition, due to the placement of the entrances and exits, and
that the newly reconfigured plans showed more clearly that a second unit was not
proposed.
- x
4. 'Petitioners submitted a Statement of Hardship with their application, stating that
they wished to construct the addition so that Maureen's parents, the one of whom
is disabled, could live there.
5. At the hearing, petitioners submitted to the Board a petition with 14 signatures
from neighbors supporting the project.
2
6. At the hearing, Board members noted the large yard on the property and felt that a
sufficient amount of green space would be left on the property even after
construction of the addition.
7. No member of the public spoke in opposition or support of the petition at the
hearing.
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. Literal enforcement of the provisions of this ordinance would involve
substantial hardship, financial or otherwise, to the appellant, due to the
disability of Maureen Davis's mother.
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, as the dimensional relief requested is
minimal, and the property would contain a reasonable amount of green space
after construction of the addition.
3. The applicant may vary the terms of the Residential One-Family Zoning
District to construct the addition as proposed on the plans dated 4/5/10, 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:
I. Variances;are granted to allow for 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, Dionne, Tsitsinos 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.
3
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. The property is to remain a single-family residential use.
Robin Stein, 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.
1
MAP 33 LOT 611 MAP 33 LOT 610
NIKO & VJOLLCA THEODHOR JAMES & EDITH WALSH
13 MESSERVY ST. 9 MESSERVY ST.
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MAP 33
LOT 597 MAP 33 LOT 598
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MAP 33 LOT 596 0 16 EDEN ST.
ANNE MACAROLINE RICURLECURYEY jsMilz�,1
KEVIN CURLEY
RICHARD CURLEY '° ; t DECK
PATRDAVIDIpWRLEYEY
24 EDEN ST. PORCH i PROPOSED'
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EDEN STREET
ZONING DISTRICT - R1
PROPOSED
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LOT AREA 15,000 5000 5000
LOT WIDTH 100 50 50
FRONT 15 1't 21't
SIDE 10 4't 4't
REAR 30 49't 3Y±
LOT COVERAGE 30� 23% 42% PLOT PLAN OF LAND
22 EDEN STREET
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NORTH SHORE SURVEY CORPMA11ON
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DATE KEG. PROF. LAND SURVEYOR 978-744-4800 #3343
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Pet=
In an effort to both expand our family's living space and provide
additional living space for our parents, one of whom has a
progressively debilitating condition, we have been in contact with
the City of Salem Building Inspector with regard to building a two-
story addition at our property located at 22 Eden Street.
The two-story, 20 foot x 46 foot addition would include a two-car
garage with a back storage room and living space above. The space
would be used for family members only and would.not be rented as
income-producing space as there will be no kitchen. The addition
would not create extra cars on the street as there is room for four
vehicles to park on our property.
Please show your support for our project by signing our petition.
Thank you,
Lee and Maureen Davis
22 Eden Street
Salem, MA 01970
Name Address Signature
:5)A t'(1 A fl'1cjjj1 6 dean _�pL Aa (a,11: r a-
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Amon � . t S
Petition for Davis at 22 Eden Street Page 2
Name Address Signature
6.IUI fzr7W I 7 ZW C& 5 7 ��n,Com. ,•
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P
. ISI
Pet=
In an effort to both expand our family's living space and provide
additional living space for our parents, one of whom has a
progressively debilitating condition, we have been in contact with
the City of Salem Building Inspector with regard. to building a two-
story addition at our property located at 22 Eden Street.
The two-story, 20 foot x 46 foot addition would include a two-car
garage with a back storage room and living space above. The space
would be used for family members only and would not be rented as
income-producing space as there will be no kitchen. The addition
would not create extra cars on the street as there is room for four
vehicles to park on our property.
Please show your support for our project by signing our petition.
Thank you,
Lee and Maureen Davis
22 Eden Street
Salem, MA 01970
Name Address Sienature
A . a,
1
Petition for Davis at 22 Eden Street Page 2
Name Address Signature
7 D-.N 6
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