112 LORING AVENUE - ZBA I I Lo, ,,/L-s Aoe ,
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%ac urr. CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS O1970
TELEPHONE 978-745-9595
�nre� FAX 978-740-9846
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KIMBERLEY ORISCOLL C..: :-,.i -U 'A
MAYOR
May4, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of CHARLIE RICKER requesting a Variance from number of stories and a
Special Permit to extend a nonconforming structure in order to construct a third floor
porch on the property located at 112 LORING AVE (R-1).
A public hearing on the above Petition was opened on April 20, 2011, pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on that date with the following Zoning
Board of Appeals members present: Rebecca Curran, Elizabeth Debski,Richard Dionne,
Annie Harris,Jamie Metsch,and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.5 and Variances pursuant to Section
4.1.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped March 30, 2011,the petitioner requested a Special Permit
and Variances to add a third-story porch and porch rail system to the three-family
house located at 112 Loring Avenue,
2. The petitioner represented himself at the hearing.
3. At the hearing,the abutter at 6 Sumner Road spoke in opposition to the project,
expressing concern that adding the third-floor porch would impinge upon her
privacy. The petitioner, abutter and Board members discussed various options for
landscaping and screening, and the petitioner agreed to work with the abutter to
come to a mutuallyagreeable solution.
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 may be granted without substantial detriment to the public good and
«-ithout nulliftiing or substantially derogating from the intent or purpose Of the
zoning ordinance.
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and afeguards as noted below.
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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. A Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance is granted.
2. A Variance from number of stories is granted.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Debski,
Harris, Curran, Dionne and Metch in favor) and none (0) opposed, to grant petitioner's
request for a Special Permit and 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 constriction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Inspection 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.
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 or 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.
9. Landscaping and screening Mill be agreed upon with neighbors.
mY<
Rebecca Curran, Chair
Salem Board of Appeals
i=
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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.
4/20/11
To whom it may concern,
My husband and I are here this evening regarding the property
located at 112 Loring Ave which is designated as (R-1). We are here
to request that the petition be denied. Mr.Charlie Ricker has
requested that a third story porch be added to the back of the house.
First let me say that we appreciate the fact that Mr. Ricker is in the
process of renovating and improving the property. Jerry and I have
been living in our home for the past 5 1/2 years. During that time we
have seen the condition of the existing porches deteriorated
significantly. The reason for our presence tonight is to help you
understand why we have concerns about a third story porch. Our
home, on 6 Sumner Rd is directly behind 112 Loring Avenue. It was
built in 1954 on a hill/ ledge, and consequently our main floor is in
line with Mr. Ricker's third story. An extended porch would have a
direct view into our kitchen through our back window. We feel it
would impact our level of privacy, as there are no large trees in that
specific area to block the view. One other concern that we have is
there is no way of knowing,at this time, how many people would be
living there. Do not get me wrong we do not object to children
playing in the yard, or to occasional yard parties and family
gatherings, as we at times use our yard for such gatherings. We are
just a bit concern that an additional family may provide more
opportunities for disturbances. Prior to the fire at 112, there were
families with only young children who were always supervised when
in the yard.
We came tonight to have our say and hope that Mr. Ricker is not
allowed to add a third porch, but if he is, that he will do whatever is in
his power to make sure that our concerns as his neighbors are
respected.
Thank you for the opportunity to have our say in the matter.
Jerry and Joanne Judge
6 Sumner Rd.
978-744-0683