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,'' oNarA CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
2 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
fn N TELEPHONE: 978-745-9595 a
,.. FAX. 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
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December 26, 2008
Decision
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City of Salem Zoning Board of Appeals
Petition of GEORGE BRANDENBURG requesting a variance from
maximum number of stories, to allow for the construction of a third-
floor dormer on the roof of a two-and-a-half story, two-family dwelling
at 91 ESSEX STREET (R-2).
A public hearing on the above Petition was opened and closed on December 17, 2008
pursuant to Mass General Law Ch. 40A, §§ 11. The following Zoning Board of Appeals
members were present: Robin Stein (Chair), Beth Debski, Annie Harris, Richard Dionne,
and Jimmy Tsitsinos (alternate).
Petitioner seeks a variance pursuant to Table I of the City of Salem Zoning Ordinances.
Statements of fact:
1. The petitioner and owner, George Brandenburg, represented himself at the
hearing
2. The property at 91 Essex Street a two-and-a-half story, two-family home in the
Residential Two Family (R-2) district.
3. In a petition dated November 26, 2008, the applicant requested a variance from
maximum number of stories to allow.for the construction of a third-floor dormer
on the roof of the structure at 91 Essex Street.
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:
I. The variance requested is not contrary to the public interest and, owing to special
conditions; a literal enforcement of the provisions of the City of Salem Zoning
Ordinance would result in substantial hardship, financial or otherwise.
2. There are circumstances including the size and shape of the lot and the use and
condition of the existing building which especially affects the Locus but does not
affect generally the zoning district in which the Locus is located.
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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. To allow for the addition to the existing house as proposed the requested variance
from maximum number of stories allowed is granted.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Debski, Stein, Harris, Dionne and Tsitsinos) and none (0) opposed, to grant petitioner's
requests for a variance 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 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 fifty percent
(50%) of its floor area of 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.
I
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Robin Stein, Chair
Salem Zoning Board of Appeals
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A( OPYOP THIS DIVISION I IAS BEEN PILED WITI I"I l IF PLANNING BOARD AND I IIF CITY C'LFRK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A, and shall be tiled 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,
RECEIVED
DEC 0 1 2008
DEPT. OF PLANNING&
OOM1:9iNTY DEVELOPMEMr
Proposed Dormer
Brandenburg Residence
91 Essex Street
Salem, MA
11/25/2008
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Scale '/4" = 1 '
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Existing roof
Proposed Dormer
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Proposed Dormer
Existing roof
Brandenburg Residence
91 Essex St., Salem, MA
Scale 1/4" = 1' 11/25/2008
Existing Third Floor
5'-0"
Use existing d oor
Valted Hip Ceiling
10'-5 3/4° 01 Extend existing closet walls
to 7'0" with 2x6 studs
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Brandenburg Residence
Scale 1/4" = P Proposed New Bath 91 Essex St., Salem, MA
11/25/2008