208 NORTH STREET - ZBA 20� P-�� S �- �
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oNniTa, CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
2 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
TELEPHONES 978-745-9595
FAX: 978-740-9846 p
KIMBERLEY DRISCOLL 2C'i ';'�'J Q D
MAYOR
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November 30, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of WLODEKMATCZAK requesting a Variance from number of stories, and
a Special Permit to extend a nonconforming structure,to construct a shed dormer on
the three-family home at 208 NORTH ST (R2 Zoning District).
A public hearing on the above Petition was opened on November 16, 2011, pursuant to
Mass General Law Ch. 40A, § 11. The hearing was closed on November 11,2011 with the
following Zoning Board of Appeals members present: Rebecca Curran, Richard Dionne,
Annie Harris,Jamie Metsch, and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.4 and a Variance pursuant to
Section 4.0 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Wlodek Matczak presented his petition at the hearing.
2. In a petition date-stamped October 27, 2011,petitioner requested a Special Permit to
extend a nonconforming three-family home and a Variance from number of stories,
in order to construct a third-floor shed dormer addition.
3. At the hearing, no member of the public spoke in support of or in opposition to the
petition.
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. The proposed modification will not be substantially more detrimental than
the existing nonconforming structure to the neighborhood.
2. Owing to conditions affecting the building,literal enforcement of the
provisions of the Zoning Ordinance would involve substantial hardship,
financial or otherwise,to the appellant, since the configuration of the
roofline does not allow for usable living space in this portion of the house.
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3. 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.
4. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
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. 3.3.4 of the Salem Zoning Ordinance to expand a
nonconforming three-family house is granted in order to construct the proposed
shed dormer.
2. A Variance from number of stories is granted in order to construct the proposed
shed dormer.
In consideration of the above,the Salem Board of Appeals voted,five (5) in favor (Curran,
Harris,Dionne, Tsitsinos and Metsch) and none (0) opposed,to grant petitioner's request
for a Special Permit and 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 pen nit prior to beginning any construction.
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 CityBoard 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 stricture 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
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destruction, it shall not be reconstructed except in conformity with the
provisions of the Ordinance.
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 404, 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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