7 ESSEX STREET - ZBA �oNDI CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
r' 120 WASHINGTON STREET, 3RD FLOOR
f SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 p -
KIMBERLEY DRISCOLL -2011 „i ,41 2'2 A-11:111
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MAYOR
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CITY ' ski{, .LEfi°. i R.SS.
June 22, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of JULI MACDONALD requesting Special Permits to construct a third floor
shed dormer and second and third story decks on the two-family home located at 7
ESSEX STREET (R-2 Zoning District).
A public hearing on the above Petition was opened on June 15 2011, pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on that date with the following Zoning
Board of Appeals members present: Rebecca Curran,Richard Dionne,Annie Harris,
Elizabeth Debski and Jamie Metsch.
n Section (Nonconforming
Petitioner seeks Special Permits pursuant to Secto 3 3 Uses and
Structures), and 3.3.5 (Nonconforming Single- and Two-Family Residential Structures) of
the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped May 12, 2011,petitioner requested Special Permits to
construct two decks and a third-floor shed dormer on the two-family home on 7
Essex Street.
2._ Owner Elizabeth Coughlin was represented by her architect,Juli MacDonald,at the
hearing.
3. No one at the June 15, 2011 meeting spoke in support of or in opposition to the
petition.
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. 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 project is in keeping
with the surrounding neighborhood and would be an improvement to the
house.
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2. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
2
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. Special Permits pursuant to Section 3.3.3 (Nonconforming Structures) and 3.3.5
(Nonconforming Single- and Two-Family Residential Structures) of the City of
Salem Zoning Ordinances are granted in order to allow for the proposed decks and
shed dormer as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted,five (5) in favor(Curran,
Harris,Metsch,Debski and Dionne) and none (0) opposed, to grant petitioner's requests for
Special Permits 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 Inspection 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 fiftypercent (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
conformitywith the provisions of the Ordinance.
Rebecca Curran, Chair
Salem Board of Appeals
3
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 40& 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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