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coNDlTq,q CITY OF SALEM9 MASSACHUSETTS
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BOARD OF APPEAL
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120 WASHINGTON STREET, 3RD FLOOR
v ( � SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL 2010 NOW _3 P 2; 35
MAYOR
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�. C11'y
November 3, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of BRIAN &JENNIFER CARR, seeking Variances from rear yard setback,
side setback and lot coverage, to construct an addition on the single-family home on
the property located at 38 JAPONICA ST., Salem, MA(Residential Two-Family
Zone).
A public hearing on the above Petition was opened on October 20, 2010, pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on October 20, 2010 with the following
Zoning Board of Appeals members present: Robin Stein, Richard Dionne, Annie Harris,
Beth Debski, Becky Curran, Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate).
Petitioner seeks Variances pursuant to Section 4.1.1 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Tom Tremblay, contractor, presented the petition on behalf of owners Mr. and Mrs.
Carr,who were also present.
2. In a petition dated September 29, 2010, petitioner requested Variances from rear
setback, side setback and lot coverage and a Special Permit to extend a non-
conforming structure. However, the Building Commissioner determined that only
dimensional Variances were needed, and not the requested Special Permit.
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. Desirable relief maybe granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance.
2. The applicant may vary the terms of the Residential Two-Family Zoning
District to allow for the proposed addition.
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. Variances from rear yard setback, side setback and lot coverage are granted
to allow for the proposed addition to the home on 38 Japonica Street, as
shown on the submittedP lans.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein,
Curran,Debski, Dionne and Harris) and none (0) opposed, to grant petitioner's requests for
Variances and subject to the following tenns, 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 Planning Board.
� M7L
Robin Stein, Chau
Salem 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.
MAP 26 LOT 195 MAP 26 LOT 194
CHARLES A. DODGE EDWARD & IRENE SYLVANOWICZ
LORI A. CIROME 63 DUNLAP STREET
65 DUNLAP STREET
retaining wall 43.3' deed
51't occupation
MAP 26
LOT 197
µ AREA = 3,675± S.F. ry
MAP 26 LOT 198
PAUL W. COREY
9't CHRISTINE E. COREY
36 JAPONICA STREET
ON LINE PROPOSED ADDITION
exisiting porch Ilk
to be removed\ DECK
PROPOSED \
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51'± occupation
47.6' deed
concrete sidewalk
JAPONICA STREET
ZONING DISTRICT — R2
PROPOSED
REQUIRED EXISTING ADDITION
LOT AREA 15,000 3675 3675
FRONTAGE 100 511± 51'±
FRONT 15 7'± 0
SIDE 10 6't 24't PLOT PLAN OF LAND
REAR 30 32'± 1 29'± 38 JAPONICA STREET
� * LOT COVERAGE 35% 36% 44% SALEM
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A`% PROPERTY OF
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GAIL N BRIAN M. CARR, JR.
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I CERTIFY THAT THE BUILDINGS SMITH y
HEREON ARE LOCATED ON JENNIFER L CARR
No.35043
4 m
THE GROUND AS SHOWN. pOF �FaisTfe�o Sym SCALE 1" = 10' SEPTEMBER 16, 2010
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