4 HOME STREET - ZBA --7
Cf
J Legal Notice
CITY OF SALEM I
BOARD OF APPEAL
745.9595,Ext.381 - I
will hold a public hearing for all per'-
' sons interested in the petition submit-
ted by STEVEN SCHAUFLER request-
ing Variances from side and rear yard Z
setback to construct a 24 x 20 single
story addition for the property located
at 4 Home Street R-1.Said hearing to
be held Wednesday,April 19,2006 at f
6:30 p.m., 120 Washington Street, !
3rd floor.
Nina Cohen,Chairman {
SN—415,4112106
t
CITY OF SALEMv MASSACHUSETTS
BOARD OF APPEAL �' BEM MA
CLER ('S 120 WASHINGTON STREET, 3RD FLOOR OFFICE
SALEM, MASSACHUSETTS 01970
TELEPHONE. 970-745-9595
FAX: 979-740-9846 .1006 APR 21 .A -8. ,n
April 24, 2006
Decision
Petition of Steven Schaufler requesting variances to side and rear setbacks
for the property located at 4 Home Street, R-1 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on April 19, 2006 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Nina
Cohen, Edward Moriarty, Richard Dionne, Robin Stein and Nick Helides.
The petitioner Steven Schaufler is requesting variances pursuant to section 9-5 to allow
the construction of an addition to the existing structure located at 4 Home Street, Salem,
in the One-Family Residential (R-1) zoning district.
The petitioner is requesting variances from the City of Salem Zoning Ordinance for a side
setback requirement of from the required ten (10) feet to a proposed seven (7) feet, and
from the rear setback requirement of thirty (30) feet to a proposed setback of eighteen
(18) feet, to allow the construction of a twenty-four foot by twenty foot (24' x 20')
addition to the existing structure.
The Board of Appeals, 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 of fact:
1. The property at 4 Home Street is within the R-1 zoning district.
2. The petitioner proposes to construct a twenty-four foot by twenty-foot (24' x 20')
480 sq. ft. one story addition adjacent and connecting to the existing structure.
3. There were no members of the public who wished to speak in favor or against 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 and detailed plans, the Zoning Board of
Appeals concludes as follows:
1. The petitioner may construct the addition according to the dimensions of the
plot plan entitled"Plot Plan of Land in Salem, MA", dated March 20, 2006
and stamped by Robert James Sotiros.
2. The existing size and shape of the lot present conditions which especially
affect the land or structures of the lot, but not the district in general and
constitute a hardship to the petitioner.
3. The petitioner's request for variances to the side and rear setback
requirements do not constitute a substantial detriment to the public good.
4. The proposed variances do not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
5. 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, Dionne, Moriarty, Helides, Stein) 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. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Conservation Commission.
?z4;-.. Cod. /6 w
Nina Cohen, Chair
Salem Zoning Board of Appeals
O
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.