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3 HENRY STREET - ZBA (2) AL s �, � P �� � � � � �� �g lob " CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01 970 A TELEPHONE: 978-745-9595 "�7MtuEi FAX: 978-740-9846 KIMBERLEY DRISCOLL 2010 2 2 MAYOR I June 2, 2010 Decision III III III IIII IIIIIIIII II IIIIIIIIIIIVIII II III 2010081300398 B09680 Pg:364 City of Salem Zoning Board of Appeals 08113/2010 02:57 VAR Pg 1/3 Petition of AN HUI T. ANG requesting a Variance from number of stories to allow for the construction of two dormers on the single-family home at 3 HENRY STREET (Residential One-Family Zone). A public hearing on the above Petition was opened on May 19, 2010 pursuant to Mass General Law Ch. 40A, § 11. The hearing was closed on May 19, 2010 with the following Zoning Board of Appeals members present: Robin Stein, Richard Dionne, Rebecca Curran, Bonnie Belair(alternate), and Annie Harris. Petitioner seeks a Variance pursuant to Section 4.0 of the City of Salem Zoning Ordinances. Statements of fact: 1. An Hui T. Ang, owner and petitioner, presented his petition at the hearing. 2. In a petition dated April 23, 2010, petitioner requested a Variance to allow for construction of a two dormers on his 2.5-story, single-family home. 1 No member of the public spoke in opposition or support of the petition at the hearing. 4. Board members expressed concern that the plans weren't clear that the proposal was actually for dormers and not simply another story. They also had concerns about the aesthetics of the new construction. To resolve these problems, they suggested that the dormers be set back from the edge of the roof at least two feet, and the petitioner agreed to this solution. The Board of Appeal, after careful consideration of the evidence presented at theP ublic hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. 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 zoning ordinance. 2 2. The applicant may vary the terms of the Residential One-Family Zoning District to construct the proposed addition, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. 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. A Variance is granted to construct the proposed dormers, as shown in the plans submitted, but set back at least two feet from the roof edge. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein, Curran, Harris, Dionne and Belair) and none (0) opposed, to grant petitioner's requests for a Variances 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, but with the dormers set back two feet from the roof edge. 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited, to the Planning Board. Robin Stein, Chair Salem Board of Appeals 3 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. Date /1116 1 1 2010 1 hereby certify that 20 days have expired from the date this instrument was received, and that NO APPEAL has been filed in this office. a. A True Copy ATTEST_C{TY E �:�`., al�;rn, Mass. e e /� � � . � `� � � � 0 �� �� � � � �� u r w CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 7 120 WASHINGTON STREET. 3RD FLOOR SALEM. MASSACHUSETTS 01970 TELEPHONE: 978-745.9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR March 2, 2007 Decision Petition of Jay Salem requesting a Variance for the property at 3 Henry Street r City of Salem Zoning Board of Appeals ` N` A public hearing on the above petition was opened on February 21, 2007 pursuant to u' o Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members 0 were present: Nina Cohen, Richard Dionne, Steven Pinto, Elizabeth Debski, Bonnie w m y Belair and Annie Hams. C, The petitioner,Jay Salem, sought a Variance from rear yard setback to construct a sunroom for the property located at 3 Henry Street, Salem, in the Single-Family Residential (R-1) zoning district. 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. Petitioner's property is in the Single-Family Residential (R-1) district. 2. A preexisting deck is located in the proposed area for the new construction .and will be removed for the addition. 3. The petitioner was requesting a variance to allow for construction of a one- story sunroom addition to be located in place of an existing non-conforming deck. 4. The depth of the rear yard setback would be twenty-three (23) feet instead of the required thirty (30) feet. 5. One (1) resident spoke in favor of the petition. 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 as follows: I 1. The petitioner's request to for a Variance does not constitute substantial detriment to the public good as residential additions are common in the R-1 district and the proposed addition will not substantially impact the abutters. 2. The requested relief does not nullify or substantially derogate from the intent or,purpose of the zoning ordinance as residential dwellings are a permitted use in the R-I district. 3. 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, Belair, Debski, Dionne, Harris) 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 Occupancy is to be obtained. 7. 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. " /A L%, Nina Cohen Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH 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.