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CITY OF SALEM
BOARD OF APPEAL
978-745-9595 Ext 381
Will Hold a public hearing for all Per'
sons interested in the petition submit-
ted by BRIAN BRINKERS seeking a
Variance from side setback and num-
ber of stories allowed,to construct an
addition on rear of property for the
I - property located at 14 GLOVER i
STREET R-2.Said hearing will be held +{J
AA on WEDNESDAY,SEPTEMBER 20,
INr
all 2006 AT 6:30 P.M., '1 WASROOM
iO TON STREET,3RD FLOOR,
ig) 313. Nina Cohen,
OIA Chairman
I}3 SN—09/09,09/13/2006 !f,
4 y I
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL Ci 1 '( OF SALEM, 1`1A
f 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
( SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
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FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR ZQQb OCT I b P I: 31
October 16, 2006
Decision
Petition of Brian Brinkers requesting Variances from side yard setback and
number of stories requirements for the property located at
14 Glover 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 Brian Brinkers is requesting variances pursuant to section 9-5 to allow for
reconstruction and expansion of a deck for the property located at 14 Glover 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
six (6) feet and from the required two and one-half(2 '/z) stories to three (3) stories for
the expansion and reconstruction of a twenty-three (23) foot by nine (9) foot three-story
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 14 Glover Street is within the R-2 zoning district.
2. The Petitioner presented a petition in favor of the proposed addition signed by
three (3)of his neighbors.
3. Ward five City Councilor Matthew Veno 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
a follows:s.
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1. The petitioner's request for a variance from the side yard setback requirement
of ten (10) feet to six (6) feet and from the required two and one-half(2 '/z)
stories to three (3) stories for the expansion and reconstruction of a twenty-
three (23)foot by nine (9) foot three-story deck 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. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
4. 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, Hams, 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.
44A,nA
Richard Dionne
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 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.
September 5, 2006
Dear Good Neighbor;
I am proposing to rebuild our badly deteriorated rear porch at 14 Glover St.
which requires a formal hearing with the City of Salem Zoning Board of
Appeals. The meeting is scheduled for September 20, 2006 at 7pm in the
meeting room at City Hall.
The board will be making a decision based upon our plans to rebuild the
existing porches on the ls` and 2nd level only. The 3Td level will stay as is.
I have attached a copy of what is being submitted. If you have no objections
to the proposal, may I ask you to send me a letter of support or by just
signing your name and address in the space available below indicating you
are not in objection to the project.
Supportive letters from abutting neighbors usually help the board in making
a fair and positive decision. Please let me know if you have any questions or
concerns.
Regards,
Brian Brinkers (Owner)
14 Glover Street
Salem, Massachusetts 01970
978-745-5452
Signed Print name
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Address JE✓WN 0U-D2E,gU_
976
MORTGAGE ION
BAY STATE SURVEYING ASSOCIATES
234 CABOT ST., BEVERLY MA
LOCATION MA, NOTES-.
SCALE : I = Z� FT. DATE :___ .__ 7 i 4S •This is a Mortgage Inspection survey and not an
instrument survey, therefore this plot plan is for
REFERENCE r �(<'_ 9 ��' f 6. 27� mortgage inspection purposes only.
ESSEX So. 01ST • .. . .. ... ....... •This survey is based on survey marks of others.
. . •.-• •_ __ _ __ __ __ ___ ____ ____ .. ___ ___ •Bushes, shrubs,fences and tree lines do not
To _S L�M r/t/� Mctq 7- C�� necessarily indicate property lines.
-- ---".. •--- •In my professional opinion the building(s)are not located
The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D.
local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'f or less, an instrument survey
from violation enforcement action under Mass. G.L. Title VII is recommended to determine prop. lines.
Chapter 40A Section 7. •Offsets shown are approximate by tape survey.
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September 5, 2006
Dear Good Neighbor;
I am proposing to rebuild our badly deteriorated rear porch at 14 Glover St.
which requires a formal hearing with the City of Salem Zoning Board of
Appeals. The meeting is scheduled for September 20, 2006 at 7pm in the
meeting room at City Hall.
The board will be making a decision based upon our plans to rebuild the
existing porches on the 1' and 2"d level only. The 3rd level will stay as is.
I have attached a copy of what is being submitted. If you have no objections
to the proposal, may I ask you to send me a letter of support or by just
signing your name and address in the space available below indicating you
are not in objection to the project.
Supportive letters from abutting neighbors usually help the board in making
a fair and positive decision. Please let me know if you have any questions or
concerns.
Regards,
Brian Brinkers (Owner)
14 Glover Street
Salem, Massachusetts 01970 _
978-745-5452
Signed Print name
Ad6 ess _ 1
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