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8 HIGH STREET - ZBA 00 1 i Legal Notice CITY OF SALEM BOARD OF APPEAL Will hold a public hearing for all persons interested in the petition sub- mitted by JOHN CAPECE seeking a Variance from number of stories allowed(2 1)2)to create a third floor domrer&a Special Permit to after a non-conforming structure'for the property located at 8 HIGH STREET ' R-2. Said hearing will be held on WEDNESDAY, APRIL 18, 2007 AT 6:30 p.m.,3rd floor, 120 WASHING- TON STREET,Room 313. Nina Cohen,Chairman SN-4/5,4/11/07 J - May 24, 2007 Decision o �" o c� Petition of John N. Capece Requesting a Variance z for the Property at 8 High Street T. City of Salem Zoning Board of Appeals o D �r A public hearing on the above petition was opened on April 18, 2007 pursuant to Massachusetts General Laws Ch. 40A, Sec. 11. The following members of the Salenb Zoning Board of Appeals ("Zoning Board of Appeals") were present: Nina Cohen N (Chairwoman), Bonnie Belair, Elizabeth Debski, Richard Dionne, Annie Hams and Robin Stein. The petitioner, John N. Capece ("petitioner"), sought a variance from the 2 %z stories allowed under the existing zoning ordinance to 3 stories, for the real property located at 8 High Street, Salem, located within a two-family residential (R-2) zoning district. The petitioner also sought a special permit to alter a non-conforming structure at 8 High Street. The Zoning Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition submitted, submits the following findings of fact: 1. Petitioner's property is a legal non-conforming three-family dwelling within a two-family residence district. 2. Petitioner sought a variance to construct a dormer on the west side of the roof to the three-family dwelling at 8 High Street. 3. Petitioner also sought a special permit to alter the legal non-conforming three-family dwelling at 8 High Street. Such alternation would add living space to the third floor unit with a lower pitched roof and also create a safer emergency egress. 4. Jean Pelletier (Ward 3 Councillor) spoke in favor of both the request for a variance and special permit. 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: l. Granting the Petitioner's request will not increase density on the site and will result in a safer means of egress to and from the third floor unit. Consequently, the requested relief does not constitute substantial l .. detriment to the public good and does not nullify or substantially derogate from the intent or purpose of the zoning ordinance. 2. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. 3. In permitting such change, the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, five (5) members (Belair, Debski, Dionne, Harris and Cohen) of the Salem Zoning Board of Appeals voted to grant the petitioner's request for a variance, and zero (0) members voted to deny the petitioner's request for a variance, subject to the following terms, conditions, and safeguards: I. 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 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 building pen-nit 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 shall be obtained. 7. Unless this decision expressly provides otherwise, any zoning relief granted does not authorize Petitioner to demolish or reconstruct any structures(s) on the property to an extent greater than 50% of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than fifty percent of its replacement cost or more than fifty percent of its floor area at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. A Elizabeth Debski Salem Zoning Board of Appeals J 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 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.