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14 FORRESTER STREET - ZBA I � �or�e5ler S�, � 2 - -- -- - - CIT'Y OF SALEM MASSACHUSETTS 1t BOARD OF APPEAL ,f 120 WASHINGTON STREET 4 SALEM, 7Q K A BER1:7?Y Druscou. TILE:978-745-9595 o Fax 978-740-9846 LU14 JEP 10 P.12: MAYOR FILE , September 10th, 2014 CITY CLERK SALEM, MA.;,S: Decision City of Salem Board of Appeals Petition of MARC BERRUBE:and KEN KAYSER requesting Variance from the provisions of Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance to allow the construction of a roof deck over an existing 2"floor roof,which would exceed the 15-story maximum allowed height of buildings. The proposal is for the property located at 14 FORRESTER.ST. UNIT 2(R2 Zoning District) A public hearing on the above Petition was opened on.August 27, 2014 pursuant to M.G.h Ch. 40A, § 1I.The hearing was closed on that date with the following Salem Board of Appeals members present: Ms: Curran (Chair),Mr. Duffy,Mr. Watkins,Mr. Copelas (Alternate),and Mr. Tsitsinos (Alternate). The Petitioner seeks a Variance from the provisions of Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance. Statements of fact: I. In the petition date-stamped July 23"s, 2014, die Petitioner requested a Variance from the provisions of Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance to allow. the construction of a roof deck over an existing 2" floor roof, which would exceed the 2:5 story maximum allowed height of buildings. 2. i1Nh. Berube and Mr. Kayser petitioners, presented the application for the property at 14-Forrester Street Unit 2. 3. T'he proposed location of the deck is on top of an existing flat roofwith existing sliding door access; last modified in 1986. 4. The requested relief,if granted, would allow the Petitioner to construct a 12'x I W deck and a 36" tall deck rail on top of an existing flat roof over the second floor. 5. Ivir. Bembe stated that die existing sliding door to roof access has potential safety issues without a { railing and that this existing condition may negatively impact the ability to re sell the property. 6. The petitioners submitted six (6)letters of support from abutters, 7. At the public hearing one (1) member of the public spoke in opposition to the petition, citing concerns about impact to the privacy of abutters. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: E M r E City of Salem Board of Appeals September 10,2014 Project: 14 Forrester Street,Unit 2 Page 2 of 2 Findings 1. Literal enforcement of the provisions of the Ordinance to allow a maximum allowed height of 2.5 stories would be a substantial hardship due to unique conditions affecting the property.including the existing sliding door to the roof poses a safety risk. Without relief,it would not be possible,to build a 12'x t 8'deck and 36"tall tailing:. 2. The proposed new deck and railing would not be a substantial detriment to the public good. 3. The proposed new deck and railing does not increase the 3`d floor space significantly,,but technically the increase in usable space requires a Variance to go from 2.5 stories to 3 stories. 4. The desired relief may be granted without nullifying or substantially derogating from the intent,or purpose of the Gin, of Salem Zoning Ordinance. On the basis of the above statements of facts and findings,the,Salem Board of Appeals votedfive (5) in favor (Mr. Watkins, Ms. Curran, Mr. Tsitsinos, Mr. Copelas and Mr. Duffy) and none(0) opposed, to grant the requested Variance to allow a 12'x 18' deck and 36" tall railing subject to the following terms, conditions„ and safeguards: l: The 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 Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. 8. Petitioner is to obtain approval from any City Board'or Commission having jurisdiction including, but not limited to, the Planning Board.. n �ifif P_- C eA A',,7-,Z ,., Rebecca Curran, Chair 4 Board of Appeals i A.COPY OF ITTIS:DECISIONN I-LAS BEEN FILED WITH I'HE PJ—,INNING BOARD AND THE-,CITY CLERK. F Appeal from this dei.iion, z,f amp, sball be trade pursuant io Jerfion 17 ofthe Masiaehuseux General Lwws Chapter 40A,and shall be fkd within 20 day of filing othu deasion in the office of the Cety Clerk. Puisnaret to the 114arrarbusetts General l awr Chapter 40A,_Sestion 11, the idanante or I .ipeam`Penmt granted herein shall not take effea umfil a.ropy of the dedsion beating the cert fiat.of the City Cle,,k hat been filed ioith the.Esrex South: .Registry jDeeds. 3 l i i e ! �I `yam I ! a U-3 a r4 7,*, ; j IV Vm ! � i 3 I 1 � i r s � c vO-i r' � 7 � m Ma, nvv r Ll 71 �t��Sh� �►.b� �w! C�i � � - - - _ � � S �s ak�ri1�SJ � � � , ( � i i �v 3�va�1 S�o7 Xl X ,,-)X , 4IS V Jl- h f v v �a �S4��uQ� aZd r Letter of Support From: July 15, 2014 Marc A. Berube Kenneth R. Kayser 14 Forrester Street #2 Salem, MA 01970 To: Gen & Den Set 18 Forrester Street #1 Salem, MA 01970 Re: Request for your support for our deck construction Gen & Den, The City of Salem Building Inspector has denied our request for a permit to build a third floor deck at our 14 Forrester Street home. We need to appear before the City of Salem Board of Appeals and request a variance. As part of the process, the Building Inspector recommended that we obtain letters of support with signatures from neighbors bordering our property. We will present the letters at the next City of Salem Planning Board meeting scheduled for August 20, 2014 where we hope to obtain a variance that will allow us to proceed with the construction of our deck. If you are in support of our deck construction and do not have any objections, please provide your signatures below. Thank you very much. Marc & Ken Gen SetDate -7-18 Den Set Date 7• /f-1 Letter of Support From: July 15, 2014 Marc A. Berube Kenneth R. Kayser 14 Forrester Street #2 Salem, MA 01970 To: Jan Costa 17 Forrester Street Salem, MA 01970 Re: Request for your support for our deck construction Jan, The City of Salem Building Inspector has denied our request for a permit to build a third floor deck at our 14 Forrester Street home. We need to appear before the City of Salem Board of Appeals and request a variance. As part of the process, the Building Inspector recommended that we obtain letters of support with signatures from neighbors bordering our property. We will present the letters at the next City of Salem Planning Board meeting scheduled for August 20, 2014 where we hope to obtain a variance that will allow us to proceed with the construction of our deck. If you are in support of our deck construction and do not have any objections, please provide your signature below. Thank you very much. Marc & Ken Jan Costa 1 � �7" Date 7 - 17 - V` Letter of Support From: July 15, 2014 Marc A. Berube Kenneth R. Kayser 14 Forrester Street #2 Salem, MA 01970 To: _ Ann & Ed Czarnecki 12 Forrester Street Salem MA 01970 Re: Request for your support for our deck construction. Ann & Ed, The City of Salem Building Inspector has denied our request for a permit to build a third floor deck. We need to appear before the City of Salem Board of Appeals and request a variance. As part of the process, the Building Inspector recommended that we obtain letters of support with signatures from neighbors bordering our property. We will present the letters at the next City of Salem Planning Board meeting scheduled for August 20, 2014 where we hope to obtain a variance that will allow us to proceed with the construction of our deck. If you are in support of our deck construction and do not have any objections, please provide your signatures below. Marc & Ken Ann CzarneckiOL�a". Date 7/� 7 Ed Czarnecki Date /�`{ Letter of Support From: July 15, 2014 Marc A. Berube Kenneth R. Kayser 14 Forrester Street #2 Salem, MA 01970 To: Elizabeth Aberg Peter Alachi 10 Forrester Street Salem, MA 01970 Re: Request for your support for our deck construction. Elizabeth & Peter, The City of Salem Building Inspector has denied our request for a permit to build a third floor deck at our 14 Forrester Street home. We need to appear before the City of Salem Board of Appeals and request a variance. As part of the process, the Building Inspector recommended that we obtain letters of support with signatures from neighbors bordering our property. We will present the letters at the next City of Salem Planning Board meeting scheduled for August 20, 2014 where we hope to obtain a variance that will allow us to proceed with the construction of our deck. If you are in support of our deck construction and do not have any objections, please provide your signatures below. Thank you very much. Marc & Ken Elizabeth AberDate � / Peter Alachi p t.4 Date Letter of Support From: July 15, 2014 Marc A. Berube Kenneth R. Kayser 14 Forrester Street #2 Salem, MA 01970 To: _ Jen & Mark 14 Forrester Street #1 Salem, MA 01970 Re: Request for your support for our deck construction. Jen & Mark, The City of Salem Building Inspector has denied our request for a permit to build a third floor deck at our 14 Forrester Street home. We need to appear before the City of Salem Board of Appeals and request a variance. As part of the process,the Building Inspector recommended that we obtain letters of support with signatures from neighbors bordering our property. We will present the letters at the next City of Salem Planning Board meeting scheduled for August 20, 2014 where we hope to obtain a variance that will allow us to proceed with the construction of our deck. If you are in support of our deck construction and do not have any objections, please provide your signatures below. Thank you very much. Marc & Ken Jen Catherall Date_ Mark Catherall �Y Date 5 Letter of Support From: July 15, 2014 Marc A. Berube Kenneth R. Kayser 14 Forrester Street #2 Salem, MA 01970 To: _ Kathleen Bouchard 16 Forrester Street Salem MA 01970 Re: Request for your support for our deck construction. Kathleen, The City of Salem Building Inspector has denied our request for a permit to build a third floor deck at our 14 Forrester Street home. We need to appear before the City of Salem Board of Appeals and request a variance. As part of the process, the Building Inspector recommended that we obtain letters of support with signatures from neighbors bordering our property. We will present the letters at the next City of Salem Planning Board meeting scheduled for August 20, 2014 where we hope to obtain a variance that will allow us to proceed with the construction of our deck. If you are in support of our deck construction and do not have any objections, please provide your signature below. Thank you very much. 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