16 HORTON STREET - ZBA f
j 16 HORTON STREET
l � f
NJ
1
i
CITY OF SALEM, MASSACHUSETT� SALEM. MA
BOARD OF APPEAL CIT
120 WASHINGTON STREET, 3RD FLOOR
CLERK'S OFFICE
. . �° SALEM, MA 01970
TEL. (978) 745.9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. 1p MAY -4 P Z. 51
MAYOR
DECISION OF THE PETITION OF MICHELLE BARLING REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 16 HORTON STREET R-2
A hearing on this petition was held on April 21, 2004 with the following Board Members
present: Nina Cohen, Stephen Harris, Nicholas Helides, Bonnie Belair and Richard
Dionne. Notice of the hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
The petitioner Is requesting a Variance from the number of stories allowed to construct a
third dormer for the property located at 16 Horton Street located in a R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
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 the 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 Petitioner Michelle Barling is the owner of a two family home at 16 Horton
Street in a R-2 district. She seeks zoning relief to raise the roofline by adding a
dormer to increase living space on the third floor of the residence.
2. Total building height will not be altered. No additional living units will be created
by the alteration after remodeling the building will have two units.
3. Two neighbors commented on the petition. Ms. Alice Dechene of 19 Horton
Street said that she opposed allowing the building to become a three-family
dwelling. Ms. Terri Jellison of 17 Horton Street opposed creating an in-law
apartment and also favored keeping the height restrictions on the building.
CLERK'S OFFICER
DECISION OF THE PETITION OF MICHELLE BARLING REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 16 HORTON STREET R-2
page two 1404 MAY -u P 2: 59
On the basis of the above findings of fact, and on, 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.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
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 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per plans 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 a building permit prior to beginning any construction or site
work.
5. Exterior finishes shall be in harmony with the existing structure.
Variance Granted
April2l, 2004
Nina Cohen, L (SCE J
Board of Appeal, Memtkr
CI f Y 0,: SALEM. MA
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND S OFFICE
THE CIITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of tMII MAY -4 P 2: 59
Massachusetts General Laws Chapter 40A, and shall be filed within 20 day
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
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 is has been dismissed or denied 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.
Board of Appeal
979 53� 13G4 P.G2
GLORAL ASSOCIATES
RE6/5TERED LAND SURVEYOR@ REGISTERED PROFESSIONAL ENGINEER
30ROADWAY, WWFY.-LD, MA. 0/6,70 T. 246-50345 FAA'.• 24C--4333
00
.'T'I+�O •'p0
I 0�/
II LOT
°o " �• `
DEG 4p.
J I
GPI
j � I �s11000
1
r '
f NpR-� pN
�tcnr Y
a MANQ
l99TT
TM 19 A TAPE SURVEY SUED ON SURVEY MANRIE"OF OIHIMA NQ Su '
AM THIS PLAN WAS WIAM77 FOR MORTGAGE PURPOEE6 ONLY,TM
FLAN WAS NOT MADE FOR REGORGING PURPOWES,GEED 096MMONS,
CONSTRUCTION,YEMFICATICN Of It GIMENaION&OWLDINE OFFBEI'.A
aWMY
KMS OR LOT
COMI UCLL IN TKINS.
0 vA A P uE MM�E� MORTGAGE INSPECTION PLAN
THC PNENRESI SHOWN ON 7W8 PLAN ARE NOT LOCATED WITWN THE IN
FLOW :ONE AS DELINEATED ON THE MAPS OP THE G O SALEM, MASS.
260102 OOOS 0 8-5-85
INCREOYCWWY THAt RW GIALOOSM OWN ON THIS PLAN ARE PREPARED FOR
APMalm-A RLY LOCATED aV THE GROLW W OB As&W THEREON AND
AMTn+EYoa aeH?o.%ZaWusANcBIiLIM9010 MICHELE BARLING
YaNDMtxNwA4 aEOlW1C+lE7 TO!of THE p1N OP I
A74]V cO+ra AAO 7D R'ESTA/C110R3 EccWAt
• qDA .4E AL '. SCALE I% 217 GATE S-22- 8
SIGNATURE DATE
i'
Tam P.G2