28 GROVE STREET - ZBA ( Z90 ��
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE 978-745-9595
eW�� FAx 978-740-9846 A lb
KIMBERLEY DRISCOLL 10 Jug' -2
MAYOR
July 2, 2008 FILE if Ass.
CITY CLERK.SALEM,M
Decision
City of Salem Zoning Board of Appeals
Petition of PHILIP BOND requesting a variance from maximum lot
coverage to allow for an 18' x 12' ground-level deck at 28 Grove Street
(R-1).
A public hearing on the above Petition was opened on June 18, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on June 18, 2008 with the
following Zoning Board members present: Robin Stein (Chair), Rebecca Curran,
Elizabeth Debski, Richard Dionne, Annie Harris, and Bonnie Belair(Alternate).
Petitioner seeks variances pursuant to the following sections of the Salem Zoning
Ordinance: Table I: Residential Density Regulations.
Statements of fact:
1. The petitioner, Philip Bond, is the owner of 28 Grove Street, a property located in
the Residential One Family(R-1) Zoning District.
2. The petitioner is proposing to remove the existing 4' x 4' attached deck at the rear
of the property, and add a 12' x 18' attached deck.
3. The petition is accompanied by a mortgage inspection plan prepared by Gail
Smith, dated October 12, 2006. The existing and proposed decks are sketched on
the plot plan.
4. Maximum lot coverage by all structures is limited to 30%; current lot coverage is
55% and with the removal of the current back deck and the addition of a new
deck, lot coverage will be 62%.
5. The proposed deck would be approximately 18" off the ground at the highest
point.
6. There was no opposition to the petitioners request at the public hearing.
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:
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1. The zoning requirements can not be complied due to existing nonconformities.
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
seeking to make an improvement to his home which will increase his family's
ability to enjoy their property.
3. The variances requested are 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. To allow for the deck the petitioner may vary the terms of the Salem Zoning
Ordinance, specifically the requirement for maximum lot coverage.
2. 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
(Dionne, Stein, Curran, Harris, and Debski) and none (0) opposed, to grant petitioner's
requests for variances subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all City and State statues, 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 Inspection is to be obtained.
6. This decision authorizes the petitioner to demolish the existing rear deck to
construct a new deck and does not authorize any further demolition, construction,
or reconstruction.
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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.
June 2, 2008 c;
--1 O
Philip Bond—Elizabeth Rogers— 28 Grove Street—Salem,MA 01970 c G
Amy Lash "
Staff Planner
City of Salem N
Department of Planning&Community Development
120 Washington Street cr.
Salem, MA 01970
ZONING BOARD OF APPEALS
Please accept this letter as intent to withdraw our application for a variance of the Zoning
Ordinance due to set back requirements dated 5/2 112 0 0 8. This application was for our
home at 28 Grove Street in Salem,MA.
Thank you 42 lX>
Philip Bond
Elizabeth Rogers
Zoning Board Proiect Status Sheet
Project Address: �7 ('1rOV(Z (—
Applicant: �VLI 1 �Yl�
Date of Application: s�Zl j�c5t��2 Q-�'��- *1 C D-or-
Date Opened at Meeting: to 1`6 T
Date of Continued Meetings:
Extension Form Signed? ❑ Yes, date: ❑No / n/a
0 Legal Notice Sent: L O Publication Dates:
Abutters List Requested: ��� 1 �G �c '�� AQ7_�6Y
X' Notice
,Abutters Notice Sent:
of Decision Sent:
Decision Filed: izl oy Appeal Period Over: