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oONufaA.A CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREET, 3Ro FLOOR
a j a SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
C4'M7Ne W� FAX. 978-740-9846
KIMBERLEY DRISCOLL ZEf( „i„� 3 A 10: 0
3
MAYOR
August 23, 2011 CITY Ci.F 6.
Decision
City of Salem Zoning Board of Appeals
Petition of TERRYANNE ST. PIERRE requesting Variances from side and front yard
setbacks in order to replace an existing deck with a larger, 8'x10' deck on the property
on 36 MARCH STREET (R-2).
A public hearing on the above Petition was opened on August 17, 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 (Chair), Annie Harris, Jamie
Metsch, Jimmy Tsitsinos (alternate) and Bonnie Belair (alternate).
Petitioner seeks Variances under Sections 4.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. George Fallon presented the petition on behalf of his wife, Terryanne St. Pierre.
2. In a petition date-stamped August 3, 2011, petitioner requested relief from front
and side yard setbacks in order to remove an existing deck and replace it with a
larger one.
3. No member of the public opposed or supported the petition at the August 17,
2011 meeting.
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 without nullifying 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 safeguards as noted below.
2
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. Dimensional Variances under Sec. 4.1 are granted to construct the proposed
deck.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Curran, Metsch, Harris, Tsitsinos and Belair) and none (0) opposed, to grant petitioner's
request for Variances 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
construction.
5. A Certificate of Inspection is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
Rebecca Curran, Chair
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.
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BRADFORD & WEED 1885 - 1972
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104 LOWELL STREET
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