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135 NORTH STREET - ZBA �' /���e� r���/ � � � „ � , , � � � � 2 �- �, � ;,, � d 1 Legal Notice CITY OF SALEM BOARD OF APPEAL Will hold a public hearing for all i persons interested in the petition submitted by JASON & STEPHINIE{ WACHTEL seeking a Variance from t number of stories allowed (2 1/2)1 ' to construct a 7x12 dormer oni third floor for the property located at 135 NORTH STREET R-2. Said hearing will be held on WEDNES- DAY,MARCH 21,2007,at 6:30 P.M., 3RD FLOOR, 120 WASHINGTON STREET,ROOM 313. Nina Cohen I I Chairman f i SIN—3/7,3/14/07 I � 1 o Illr CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL tt�� 120 WASHINGTON STREET. 3RO FLOOR'r,� �'� -Fi l-i-11' I•i� SALEM. MASSACHUSETTS 01970 CLELH�S OFFICE TELEPHONE. 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR 2CCl, 11AR 29 P 2� March 29, 2007 Decision Petition of Jason and Stephanie Wachtel requesting a Variance for the property at 135 North Street City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on March 21, 2007 pursuant to Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members were present: Nina Cohen, Richard Dionne, Annie Harris, Elizabeth Debski and Robin Stein. The petitioners, Jason and Stephanie Wachtel sought a Variance from the required number of stories of two and one-half(2 '/2) to construct a dormer addition for the property located at 135 North Street, Salem, in the Two-Family Residential (R-2) zoning district. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of fact: 1. Petitioner's property is in the Two-Family Residential (R-2) district and is a pre-existing, non-conforming structure in a residential neighborhood. 2. The petitioner requested a Variance from the required number of stories from the existing two and one-half(2 %2) stories to a proposed three (stories) to construct a dormer addition to the existing residential structure. 3. The petitioner stated that she had spoken to approximately '/2 of her neighbors and that they were in support of the petition. 4. The petitioner stated that she would consider the use of double-hung windows and a revision of the dormer design to match the surrounding area. 5. A letter from Ward Six Councilor Paul Prevey in support of the petition was received and filed by the Zoning Board of Appeals. 6. No members of the public spoke in opposition to the petition. • r 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 to 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 pre-existing non-conforming tots and structures. 2. The requested relief 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. 3. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner by restricting the allowed use of the site. Alternatives would create a substantial financial hardship to the petitioner. 4. 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 (Cohen, Dionne, Harris, Debski, Stein) and none (0) opposed, to grant the 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. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. Unless this decision expressly provides otherwise, any zoning relief granted does not empower or authorize Petitioner to demolish or reconstruct the structures(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. 8. The petitioner shall consider the use of double-hung windows and consider a change in the architecture of the proposed dormer to better match the surrounding area. J'" l t^- Nina Cohen 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 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.