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260 JEFFERSON AVENUE - ZBA �� � s� �J o �- � � �, , � ,, �- ,, ,, �, ,, ,, L Notice egal " city of Salem` .' Zoning Board of Appeals. .w"19-sw Will hold a public hearing for all persons interested in the petition submitted by MIRASH BEGI requesting a.Variance from number ofstories - allowed (2 1/2) to construct a rear.'• dormer for the property located at 2.60JEFFERSON_AVE[B-1]. --, Said hearing will-be -held on", _WEDNESDAY SEP EMBER 19,267' of&30 p.m.3n1 floor conference room i 120 WASHINGTON STREET, ROOM 313. .; -- - -_ -Robin Stein - Chair I SN—9/6,9/12(07 r�onmrg9 C@'TY OF SALEM' MASSACHUSETTS yT �dL BOARD OF APPEALf-SIC` 1 20 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSET TS 01970 9s �A TELEPHONE. 978-745-9595 FAX 978-740-9846 -r•+ 1 KIMBERLEY DRISCOLL -2 P 2Z MAYOR October 2, 2007 Decision -- -- — - City of Salem Zoning Board-of Appeals — Petition of Mirash Begi reauestin2 a variance from number of stories allowed (2 %) to construct a rear dormer for the property located at 260 JEFFERSON AVE [B-11. A public hearing on the above petition was opened on September 19, 2007 pursuant to Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board members present: Robin Stein, Rebecca Curran, Richard Dionne, Bonnie Belair and Steven Pinto. Petitioner seeks variances pursuant to Section 9-5 from number of stories allowed(2 %2) to construct a rear dormer for the property located at 260 Jefferson Ave. 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 of fact: 1. Mirash Begi, petitioner,presented the petition for the property he owns at 260 Jefferson Ave in the B-1 Zoning District. 2. Petitioner proposes tc construct a second story dormer(approximately 16' wide, extending 14' 8" from the peak of the roof line) and second story deck (10' wide). The dormer will include a door which accesses the deck. 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 as follows: 1. The petitioner may vary the terms of the Business Neighborhood Zoning District to enable the proposed development, , which development is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 2. 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 (Stein, Pinto, Belair, Dionne, and Curran) none (0) opposed, to grant petitioner's requests for a variance and special permit subject to the following terms, conditions, and safeguards: 2 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 pemiit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including,but not limited to, the Planning Board. 8. Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area of more than fifty percent (50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(50%) of its replacement cost or more than fifty percent (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. -4'. .A-stairway-from-the-second story-deck to-the ground-is-not permitted: obin 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.