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95 ESSEX STREET - ZBA 1 - R t Legal Notice a CITY OF SALEM b BOARD OF APPEAL ` 745.095 Ext 381 Will hold a public hearing for all per- i sons interested in the petition submit- ted by RACHEL HUNT seeking a Vari- ance from side yard setback to recon- struct and expand mudroom for the / property located at 95 ESSEX STREET R-2.Said hearing will be held F on WEDNESDAY,SEPTEMBER 20, ES: 2006 AT 6:30 P.M., 120 WASHING- TON STREET 3RD FLOOR,ROOM i 313. , Nina Cohen, Chairman -osros,osn anoas e CITY OF SALEM, MASSACHUSETTS :a1L BOARD OF APPEAL I;j, 120 WASHINGTON STREET, 3Ro FLOOR SALEM, MASSACHUSETTS 01 970 TELEPHONE. 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR r November 2, 2006 Decision Petition of Rachel Hunt requesting a Variance from side yard setback requirements for the property located at 95 Essex Street, R-2 District City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on September 20, 2006 pursuant to Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members present: Nina Cohen, Annie Harris, Beth Debski, Richard Dionne, Bonnie Belair. The petitioner Rachel Hunt is requesting a variance pursuant to section 9-5 to allow for reconstruction and expansion of a nine (9) foot by eight (8)foot first floor mudroom and second floor deck for the property located at 95 Essex Street, Salem, in the Two-Family Residential (R-2) zoning district. The petitioner is requesting a variance from the ten (10) foot minimum side yard setback requirement of the City of Salem Zoning Ordinance (Sec 6-4, Table I) to approximately five and one-half(5 '/2) feet for the expansion and reconstruction of a nine (9) foot by eight (8) foot first floor mudroom and second floor deck. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of fact: 1. The property at 95 Essex Street is within the R-2 zoning district. 2. The Petitioner presented a petition in favor of the proposed addition signed by four(4) of her neighbors. 3. Ward one City Councilor Lucy Corchado spoke in favor of the petition. 4. There were no members of the public wishing to speak in favor or opposed to the proposed project. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes as follows: 1. The petitioner's request for a variance from the side yard setback requirement of ten (10)feet to five and one-half(51/z) feet does not constitute a substantial detriment to the public good. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance. 3. The petitioner's lot size and coverage do not generally occur in the district and are specific to their land. 4. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. 5. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Cohen,Debski,Dionne, Harris,Belair) and none(0)opposed,to grant the request 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 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 doe 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. 9. The Petitioner is encouraged to voluntarily seek design input from the Historic Commission (through the clerk of the Commission,, lane Guy). Annie Hams Salem Zoning 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 It,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City clerk that 20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that it has been dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title.