39 HARBOR STREET - ZBA 0
Legal No6gxe
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CRY OF SALEM 1
BOARD OF APPEAL .t
745-9595 Ext.381
Will hold a public hearing for
all persons interested in the.petition
submitted by MEROPE DELUCA,
MANAGER requesting Variance from . .
number of stories to create a rooftop
deck for the property located at
39 Harbor Street R-3.Said hearing will
be held on Wednesday,October 19,
2005 at 6:30 P.M., 120 Washington
Street,3rd floor,Room 313.
Nina Cohen
Chairman
(10/5,12)
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CITY OF SALEM, MASSACHUSETTS ` cM M;
` . BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 ?8D5 OCT
MAYOR FAX: 978-740-9846 26 P 2' 28
DECISION OF THE PETITION OF MEROPE DELUCA MANAGER REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 39 HARBOR STREET R-3
A hearing on this petition was held on October 19, 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Steven Pinto, Robin Stein
and Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from the number of stories to create a rooftop
deck for the property located at 39 Harbor Street located in a R-3 zone.
The Variances, which have been requested, upon a finding Board that:
a. Special conditions and circumstances exist which especially affect the land, building
Or structure involved and which are not generally affecting other lands, buildings,
and structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of the
purpose of the Ordinance
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact:
1. The property located at 3941 Harbor Street contains two 4-story residential building.
2. The Petitioner is seeking variances from the height requirement of Section 64 of the
City of Salem Zoning Ordinance that restricts height in the R-3 District to 3 1/s stories.
3. Attorney Stephen Lovely of 14 Story Street appeared and presented this petition.
4. Granting the requested relief will have a positive impact on the use and enjoyment of
the residents of 39-41 Harbor Street and is consistent with the intent and purpose of
said Ordinance.
5. There was no opposition to this petition.
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DECISION OF THE PETITION OF MERPOE DELUCA MANAGER REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 39 HARBOR STREET R-3
page two
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
3. Desirable relief can be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
3. All construction shall be done as to the plans and dimensions submitted and approved
by the Building Commissioner.
4. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Inspection shall be obtained.
7. Petitioner shall install additional security locks to access deck area.
Variance Granted Robin Stein
October 19, 2005 Board of Appea
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 after the
date of filing of this decision in the office of the City Clerk. Pursuant to
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
Certification 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 is recorded
in the South Essex Registry of Deeds and indexed under the name or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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Map 34 Lot 354 Map 34 Lot 353 Map 34 Lot 352
German Amez uita Nro
q Corrado D�ambrosio, Tr. Picca Properties
38 Ward St. 40 Ward St. 44 Ward St.
Deed Bk. 16722 Pg. 276 Deed Bk. 23033 Pg. 336 Deed Bk. 22295 Pg. 226
S76'28703"E
028,08' Metal Fpnce Nail
Map 34 Lot 373 .1 (Fnd)
8,656 sq.ft.
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Luis A bor St. iz #39 #41 �r CO Ramon DeLeon, Tr.
37 Harbor St. 53 Harbor St.
Deed Bk. 18484 Pg. 216 4St4 Sty. V) Deed Bk. 8681 Pg. 151
Dwelling Dwelling
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Drill Hole 0 N76'29'42"W ° Drill Hole
(Fnd) h CS ,98.50' CS m (Fnd)
HARBOR STREET
50' Wide — Public Way
Stone Bound Stone Bound
Drill Hole Drill Hole
(Fnd) (Fnd)
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PLOT PLAN
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39-41 HARBOR STREET
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SALEM, MASSACHUSETTS
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Prepared By
LeBlanc Survey Associates, Inc.
161 Holten Street
Danvers, MA 01923
(978) 774-6012
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REFERENCES: June 30, 2005 Scale: 1 "=20'
1) Deed Book 15528 Page 535
2) Plan Book 345 Plan 77 HOR. SCALE IN FEET
0 20 50 100
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