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14 1/2 MEADOW STREET - ZBA 1 Legal Notice CITY OF SALEM BOARD OF APPEAL ttt 978-745-9595 x 5641 Will hold a a public hearing for all person interested in the petition submit- ted by.THERESA MCCARTHY seek- ing Variances from side and rear set- back to construct an addition for property located at 14 1/2 MEADOW STREET R-2.Said hearing to be held lf+ WEDNESDAY,JULY 18,2007 AT 6:30 P.M., 3rd floor.120 WASHINGTON STREET,3RD FLOOR,ROOM 313, I JULY 4&11,2007 1` SN-7/4,7/11/07 I f r 'roNDITAgQ CITY OF SALEM, MASSACHUSETTS J6. _ ____ ___ _. _ .---- _._BOA F2D--OF—APPEA L—__-____-__ " tD 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 DDP FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR r- �f l August 1, 2007 Decision Petition of Theresa McCarthy Requesting a Variance for the Property at 14 '/� Meadow Street City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on July 18, 2007 pursuant to Massachusetts General Laws Ch. 40A, §§ 10 and 11. The following members of the Salem Zoning Board of Appeals ("Zoning Board of Appeals") were present: Elizabeth Debski (Acting Chairperson), Rebecca Curran, Richard Dionne and Annie Harris. The petitioner, Theresa McCarthy ("petitioner"), sought a variance from side and rear yard setback to the real property located at 14 Y�Meadow Street, Salem, located within a two-family residential (R-2) zoning district. The Zoning Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition submitted, submits the following findings of fact: 1. Petitioner sought a variance from a) the minimum required 10 foot side yard setback under the existing zoning ordinance to a 8 foot side yard setback; and b) the minimum required 30 foot rear yard setback under the existing zoning ordinance to an 11 foot rear yard setback. 2. The variances are being sought-to enable the construction of a 10' x 13' addition to the single family home. 3. At the hearing, the petitioner was represented by her son. 4. There was no public opposition to the petition and Teasie Riley Goggin, 9 Wisteria Street spoke in favor of the petition. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to the Petition, the Zoning Board of Appeals concludes as follows: 1. The petitioner's request for a variance does not constitute substantial detriment to the public good as residential uses are permitted in the R-2 district and additions are common to these structures. Also, the petitioner's request for a variance does not nullify or substantially derogate from the intent or purpose of the zoning ordinance as residential dwellings are a permitted use in the R-2 district. 2. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. 3. In permitting such change, the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, four(4) members (Debski, Dionne, Harris and Curren) of the Salem Zoning Board of Appeals voted to grant the petitioner's request for a variance, and zero (0) members voted to deny the petitioner's request 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. 2. All construction shall be done as per the plans and dimensions submitted 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 building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in hannony with the existing structure. 6. A Certificate of Occupancy shall 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 authorize the Petitioner to demolish or reconstruct any structures(s) on the property to an extent greater than 50% of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than fifty percent of its replacement cost or more than fifty percent of its floor area at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. Richard Dionne Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH 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 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 that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed,that it has been dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. CITY OR $ALCMs MASSACHUSICTT! BOARO OF APPEAL 120 WASHINGMIG STnIEnT, sne Fs.00s CLEWS A sAs.sM. MAffACNussrre Ote70 TslsFNona e7`71i.esei , FArts e715-740.eed TO THE BOARD OR APPEAL.• ' The Uj {sigKd reptae Chu hd is/are the owners of a certain parcel%11&rsg located at f ;Zoning District_ d, and Said parcel is affected by Secdon(s) of the Salem Zomng Ordinance. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section D(A 1 of the Zoning Ordinance. The Application for Permit was denial by the Inspector of Buildings for the following reason(s): �) ► fi (!-Q--J- A Pp10�/ The Undersigned hereby petitions the Board of Appeal to vary the tams of the Salem Zoning Ordinance and allow the project to be rnnwrttcred as per the plans submitted,as the enforcement of said Zoning By- Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be (granted g�Ms substantially derogating from the intent and purpose of the Zoning Ordinance for the E 'e-9UTsT Verrioatuce. Fel 9- R—, �/ajA �'eth(L-e_K rt v eonls`t Rye C�ddt 1 1 � � (PLEASCE1 P,RDM �( Owner. t �7 t/1� 1 / Petitioner._I YlQhZ-e—�C` Co Address:1Q 1)04(A"t) Telephone: S11_ Address: I�� Y1�lp_C1 _oc� S1 Telephone:-!12ir r) q Lr — L100 � 1 Ll y - By: C;e- T-- (Signature) Date: 6 -� L/n) This original application must be filed with the City Clerk. A certified copy of this petition will be returned to petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal, four(4) weeks prior to the meeting of the Board of Appeal. A TRUE ATTEST T CITY CLERK _ MAG NAIL SET CUT SPIKE SET CHAIN LINK FENCE N89 54'16"E L ,IN PAVEMENT IN CONCRETE j 4.8' 5.2' 49.54' 3 1 p N 3.5' S7IR N of BARLETTA N w 2 STORY I N o wuJ o . DWEWNG IRON SHED l V' 1AD ') #14 1/2 ROD � _ IRON ROD SET a o SET 0.2' OVER z S79%2 W PROPERTY LINE w h� ary 0.1' N ENCLOSED PORCH y^ py� N� AREA = `;>. w 2479*. S.F. N/F op PERKINS vIRON ROD SET '6 % 3 i0 0 cd NI M O O N 12.00' MAG NAIL SET 1 MAG NAIL SET lu- 9'05'13 MEADOW STREET PLOT PLAN OF LAND o��P�,tNOFM1tgss py 14 1/2 MEADOW STREET PROPERTY OF GAIL L GN THERESA F. McCARTHY O SMITH y J No.35043 " SCALE 1" = 20' APRIL 10, 2007 9osQFGls7EaQd � NORTH SHORE SURVEY CORPORATION SONAL LA10 — 14 BROWN STREET, SALEM MA All978-744-4800 #2885 � 4 Q 07 Anv `L-� s y r P SHADED AREA INDICATES SHADED AREA INDICATES Addition to EXISTING VESTIBULE TO NEW ADDITION BEREMOVED The McCarthy Residence 8'-0" 14 1/2 Meadow Street Salem, MA - - - - - - O John Rockwell I EXG PORCH / 1 Architect 222 Cabot Street Beverly, MA 01915 T (978)922-5225 F (978) 922-8225 john@rockwellarchitects.com LlNo. Date Revision EXISTING PROPOSED SITE PLAN June 7,2007 - Scale: 1"=20' Job No: 0655 Drawn: JHR Addition to The McCarthy Residence 14 1/2 Meadow Street Salem, MA John Rockwell Architect 222 Cabot Street Beverly, MA 01915 2 N®0 T (978) 922-5225 F (978) 922-8225 ® j ohn 0 rockwel I arch itects.com No. Date Revision SOUTH ELEVATION ----------------------------------------- June 7,2007 Scale: 1/4"=1 �I> SOUTH ELEVATION Job No: 0655 L Drawn: JHR Addition to The McCarthy Residence 14 1/2 Meadow Street Salem, MA sap John Rockwell Architect 222 Cabot Street Beverly, MA 01915 1 T (978) 922-5225 l F (978) 922-8225 john @ ro c kwe I I arch i tects.co m No. Date Revision ; I ' I NORTH 1 I ELEVATION -I ------------------------------------------ I I ; lune 7,2007 Scale: 1/4°= V A3 Job No: 0655 NORTH ELEVATION Drawn: 1HR Addition to The McCarthy Residence 14 1/2 Meadow Street Salem, MA John Rockwell Architect 222 Cabot Street Beverly, MA 01915 T(978)922-5225 F (978) 922-8225 john@ rockwel I architects.com No. Date Revision EAST j ELEVATION June 7,2007 L---------------------------—---J Scale: 7/4"=1' A A job No: 0655 ,!/'"`l`4 EAST ELEVATION Drawn: 1HR