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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
- 120 WASHINGTON STREET, 3Ro FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
WNP.
FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
i
July 30, 2008 6
m
Decision o
City of Salem Zoning Board of Appeals'
37
Petition of ALBERT MASONE seeking a variance from numbgr of LS
stories allowed (2 1/2) to add three front dormers and one rear Oed o
dormer to the existing third story at 99 ESSEX STREET (R-2).;
A public hearing on the above petition was opened on July 16, 2008 pursuant to Mass
General Law Ch. 40A, Sec. 11, with the following Zoning Board members present:
Robin Stein(Chair), Rebecca Curran, Richard Dionne, Annie Harris, and Bonnie Belair.
Petitioner seeks variance pursuant to Article VI, Table I.
Statements of fact:
1. The petition was presented by Victoria Mario. Mario and her fiance Albert
Masone are doing renovations to their property at 99 Essex Street, a two
family home in the Residential Two Family(R2) Zoning District.
2. Plans accompanying the petition are entitled"Existing 2-Family Dwelling
Proposed Renovation Work, 99 Essex Street, Salem, MA", dated June 20,
2008, prepared by Masone and Company Architects &Planners.
3. Mario and Masone intend to keep the property as a two-family and owner
occupy the second and third floors.
4. In order to add more useable space to the existing third floor, the petitioner
proposes to add three dormers to the front, and an additional shed dormer to
the rear.
5. The structure is 34' at the highest point at the ridge of the roof, the proposed
dormers would not exceed this height.
6. The renovation project also includes removal of the aluminum siding,
replacing shingles on the roof, and the addition of new trim and details.
7. There was no public comment at the public hearing.
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2
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. Minor dimensional relief is sought to allow for the addition of dormers to the
existing third floor. Several neighboring structures have similar dormers,
therefore the proposed dormers would fit with the neighborhood.
2. A literal enforcement of the provisions of the City of Salem Zoning Ordinance
would cause substantial hardship financial or otherwise to the petitioner who is
making many make improvements to the property which will benefit the
neighborhood.
3. The relief requested is not contrary to the public interest and, owing to special
conditions 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 ordinance.
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. The petitioner may vary the terms of the Residential Two-Family Zoning
District to allow for the dormers.
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
6
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Belair, Harris, Dionne, and Curran)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. A Certificate of Occupancy is to be obtained.
6. A Certificate of Inspection is to be obtained.
3
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.
9. The home is to remain a two-family structure.
10. Aluminum siding is to be removed and the exterior finish is to be changed to
wood clapboard; all construction shall be in harmony with the new wood
clapboard finish.
Robin Stein, Chair
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 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.
Zoning Board Proiect Status Sheet
Project Address: T LE-Ssex S-a-
Applicant: ✓lam ( 11�0
Date of Application: 23 b%;� # cle�r k II
Date Opened at Meeting: CD)
Date of Continued Meetings:
Extension Form Signed? ❑ Yes, date: ❑No / n/a
Legal Notice Sent: Publication Dates:
O/Abutters List Requested: U /ZI/'aR L/ U
Abutters Notice Sent:
Notice of Decision Sent:.
Decision Filed: 3D I I Appeal Period Over: Z (�
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Masone
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ARCHITECTS
& PLANNERS
3 Broad Street
Lynn, MA 01902.
phone (781) 592-6219
fax (781) 595-6799
STAMP
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phone (781) 592-6219
fax (781) 595-8799
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