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oHolrq, CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
2 120 WASHINGTON STREET, 3RD FLOOR
� `.�.. SALEM, MASSACHUSETTS O 1970
TELEPHONE 978-745-9595
FAX. 978-740-9846 - 9 KIMBERLEY DRISCOLL qtO j NN _2 A �. 1
MAYOR
CITY CLEWn, SAL-PI, HA1
November 2,2009
Decision
City of Salem Zoning Board of Appeals
Petition of PETER STROUT seeking a Variance from minimum front yard setback
requirements to allow for a construction of a one-story addition, including a new
front entrance and deck above, on the property located at 19 INTERVALE ROAD,
Salem,MA, in the Residential One-Family Zoning District.
Petitioner seeks a Variance pursuant to the Salem Zoning Ordinance, §4.0,Dimensional
Requirements (previously g6-4, recodified on September 10,2009).
Statements of fact:
1. The owner of the property,Timothy Barden, and project's contractor,Peter Strout,
presented the petition together.
2. In a petition dated September 2,2009,the applicant requested a Variance from front
setback requirements to accommodate the construction of a one-story addition,
which includes a new entrance covered with a deck above,to the existing single-
family house.
3. A public hearing on the above mentioned Petition was opened on October 21,2009,
pursuant to Mass General Law Ch. 40A, % 11. The pubic hearing was closed on
October 21, 2009,with the following Zoning Board of Appeals members present:
Robin Stein (Chair),Richard Dionne,Becky Curran,Bonnie Belair(alternate), and
Jimmy Tsitsinos (alternate).
4. At the hearing,Peter Strout explained that accessing the properly currently requires
driving up a very steep driveway, and the existing stairs and platform zigzag down
the hill, making the house difficult to enter.
5. Mr. Strout stated in his application that the house was built on the front portion of
the property and set at a high elevation in order to avoid blasting of the bedrock that
is found throughout the properly. At the hearing,Board members noted that the
presence of bedrock made the site difficult to build on.
6. At the hearing,Board members noted that the project would improve the
streetscape.
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7. There was no public opposition expressed at the meeting.
8. At its meeting on October 21,2009,the Board of Appeals voted five (5) in favor and
none (0) opposed to grant Variances from the dimensional requirements of§4.0,
Dimensional Requirements.
The Board of Appeal,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:
1. Special conditions and circumstances exist affecting the parcel or building, which
do not generally affect other land or buildings in the same district, as bedrock is
found throughout the property, making it difficult to build on, and causing the
house to be situated at a high elevation.
2. Owing to the soil and topography of the property, literal enforcement of the
provisions of this ordinance would involve substantial hardship, financial or
otherwise, to the appellant.
3. 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, since the project would not only make access to the
property easier, but would also improve the streetscape.
4. The applicant may vary the terms of the Residential One-Family District to construct
the proposed addition,which is consistent with the intent and purpose of the City of
Salem Zoning Ordinance.
5. 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. To allow for the construction of the addition as proposed,according to the plans
submitted titled"Proposed Plans &Elevations,Barden Residence,Salem,MA, " last
revised 9/30/09, and prepared by Margolis Incorporated,the requested Variance
from dimensional requirements for structures in the Residential Two-Family zone
are granted.
In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Stein,
Curran,Belair, Tsitsinos and Dionne) and none (0) opposed,to grant petitioner's requests
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.
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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. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
7. The new construction may not encroach more than eight (8) feet into the front yard
setback
Robin Stein,Chair
Salem Zoning Board of Appeals
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.
Alt.
MAP 21 LOT 75 MAP 21 LOT 71
N2223'02"W
110.01'
w
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MAP 21 LOT 74
MAP 21 LOT 73
AREA = 10,985 t S.F.
wood
deck
MAP 21 LOT 72
N p O
d O /
' N / j ��W
j 15.1' m/
/
j�118.62
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.419 % I
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first fi. elev.=
128.28 13 9'
127.72 117.011
wocd
decx /
127.54 116.25
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117.22 127.36
SEPTIC 115.32
TANK 11 1I
I 113.41_1
i 110.00' Fol 6.66 A I. -A
S222T42'E
111.69 II '107.94
NOTES: I 110.20
1. ELEVATIONS BASED ON AN ASSUMED DATUM. I —106.32 PLAN OF LAND
-107.02 19 INTERVALE ROAD
— — — — — — — — — .— — — — — — —.J109.23 —108.a6
112.39 110.47 SALEM
."r: PROPERTY OF
NTERVALE ROAD �F1c 4 � TIMOTHY BARDEN &
lPq,. l-m dF
kt_ BRENDA BARDEN
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_ ll` /� SCALE 1" = 10' MAY 8, 2009
t �F - NORTH SNORE SURLY CORPORATION
~� 14 BROWN STREET — SALEM, MA
978-744-4800 #3257
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