3 ORCHARD TERRACE - ZBA 17
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
1 20 WASHINGTON STREET, 3RD FLOOR
SALEM. MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
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FAX 978-740-9846
KIMBERLEY DRISCOLL 1008 APR _2 A It: 41
MAYOR
April 2, 2008 CITY CtE�KI S p[M, M,4SS.
Decision
City of Salem Zoning Board of Appeals
Petition of Mark and Danielle Csogi requesting Variances from
maximum lot coverage, minimum width of side yard, and minimum
depth of rear yard to install an above ground pool 21' in diameter and
an attached 10' x 21' deck at 3 ORCHARD TERRACE JR-1 1.
A public hearing on the above Petition was opened on March 19, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on March 19, 2008 with the
following Zoning Board members present: Robin Stein (Chair), Rebecca Curran,
Elizabeth Debski, Richard Dionne, Annie Harris, and Bonnie Belair(Alternate).
Petitioner seeks variances pursuant to the following sections of the Salem Zoning
Ordinance: Table L Residential Density Regulations.
Statements of fact:
1. The petitioners, Mark and Danielle Csogi, own 3 Orchard Terrace, a property
located in the Residential One Family (R-1) Zoning District.
2. The petition is accompanied by a mortgage inspection plan prepared by North
Shore Survey Corp. entitled "3 Orchard Terrace", on which the proposed pool and
deck is sketched. Photographs were submitted which show the approximate
locations of the edge of the proposed deck marked with a rope.
3. The abovee-aground pool would be 21' in diameter, with an attached 10' x 21'
deck.
4. An above-ground pool 18' in diameter with a deck had previously existed in this
location when there was a different owner. A plan showing the previous lot
configuration with the 18' above ground pool was submitted by the applicant.
5. The applicants submitted a petition signed by nineteen (19) residents of Orchard
Terrace, Manning Street, and Dearborn Street, which states, "As neighbors of
Orchard Terrace, we have no objection to the addition of a pool and deck in the
left rear corner of the property".
2
6. There was no opposition to the petitioners request at the public hearing.
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 zoning requirements can not be complied with to accommodate a pool due to
the shape and size of the lot and the layout of the structures on the lot.
2. A literal enforcement of the provisions of the City of Salem Zoning Ordinance
would prevent the petitioners from installing an above ground pool in a location
that will still allow for the enjoyment of a backyard resulting in substantial
hardship to the petitioner.
3. The variances requested are not contrary to the public interest and, owing to
special conditions 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 ordinance.
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. To allow for the above ground pool and deck, the petitioner may vary the
terms of the Salem Zoning Ordinance, specifically the requirements for
maximum lot coverage, minimum width of side yard, and minimum depth of
rear yard.
2. 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
(Dionne, Stein, Curran, Harris, and Debski) and none (0) opposed, to grant petitioner's
requests for variances subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all City and State statues, 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. Petitioner shall obtain a building pen-nit prior to beginning any construction.
4. A Certificate of Inspection is to be obtained.
3
5. Petitioner is to obtain approval front any City Board or Commission having
jurisdiction including, but not limited to, the Planting Board.
Robin Stein, Chair
Salem Zoning Board of Appeals
A COPY OP TI IIS DECISION MAS BI-FN PILED WITII I11L:PLANNING BOARD AND ll1E 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 Pennit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been tiled with the Essex South Registry of Deeds.
.s
N/F
MANNING
* NOTE: SHED DOES NOT
CONFORM TO 5' SETBACK
FROM PROPERTY LINES.
88.57'
BULK
HEAD
N/F 2 STORY N/F
EATON lo — AREA — DWELLING QUINTAL
QUINTAL
un #3 0
ui 4,924 t S.F. Lou')
U
1
2nd FL. OVERHANG
7' t
+I *PORCH
89.00'
ORCHARD TERRACE
* NOTE: SEE VARIANCE GRANTED
BY THE CITY OF SALEM FOR
REFERENCE: PORCH IN REC. BK. 12390 PG. 94
DEED: REC. BK. 6997 PG. 658
582 OF 1949
TO: NE MOVES MORTGAGE, LLC
I CERTIFY THAT THE BUILDINGS SHOWN HEREON
ARE LOCATED ON THE GROUND AS SHOWN AND THEY
CONFORM TO THE HORIZONTAL DIMENSIONAL REGULATIONS MORTGAGE INSPECTION PLAN
OF THE ZONING BYLAWS OF THE CITY OF SALEM LOCATED AT
AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDER 3 ORCHARD TERRACE
GENERAL LAWS CHAPTER 40A SECTION 7. * EXCEPT AS SALEM
I ALSO CERTIFY THAT THE DWELLING SHOWN IS NOT �KOFm4ss PREPARED FOR
LOCATED WITHIN A FLOOD HAZARD ZONE AS �a� qc MARK A. CSOGI
DELINEATED ON THE MAP OF COMMUNITY # 250102 a� yes DANIELLE D. CSOGI
SALEM MA., EFFECTIVE 8/5/1985 ° �L
BY THE FEDERAL EMERGENY MANAGEMEN ,AGENCY. At L.
SMITH y CALE 1" = 20' SEPTEMBER 11, 2007
/'h o No.35043 ¢ ORTH SHORE SURVEY CORP.
ri
11 0� 10 >° 14 BROWN STREET
9p�F RFGISTE0.�'J�� SALEM. MA. 01970
DATE REG. PROFESSIONAL LAND SURVEYOR �s/ONqLLpN�s # 860
N/F
MANNING
88.57' 1
BULK
POOH HEAD
N
O 2 STORY N/F
N/F DWEWNG o QUINTAL
EATON
x �
2nd FL OVERHANG 7•
Al
r
cn —'
- AREA - +I 'PORCH
'Olt 4.924 t S.F. �
89.00'
ORCHARD TERRACE
NOTE: SEE VARIANCE GRANTED
BY THE CITY OF SALEM FOR
PORCH IN REC. BK. 12390 PG. 94
REFERENCE:
DEED. REC. BK- 6997 PGL 65B
SB2 OF 1949
TO: NE MOVES MORTGAGE. LLC
I CERTIFY THAT THE BURR NW SHo1HAd HEREON MORTGAGE INSPECTION PLAN
ARE LOCATED ON THE (MOUND AS SHOMRI AND THEY
CONFORM TO THE NOW TAL D9OMONAL REGULAIMS LOCATED AT
OF THE ZONING BYLAWS OF THE CITY OF SALEM NDEIR 3 ORCHARD TERRACE
AT TME TME OF CONSTRUCTION OR AIS PR07EC In"EP LAS
AOA SECTION 7. • EXCEPT AS SALEM
GENERAL LAWS CHAPTER PREPARED FOR
1 ALSO CERTIFY THAT 111E DMELMNG SHOWAI IS NOTHIN p0MAS MAPoC A. CSOGI
LOCATED 1ATA FLOOD HAZARD ZONE AS y�� y�� AW A. D. CSOq
DELINEATED ON THE MAP OF G'OI MUNI711 $ 25010.2 c? cmi. �,
SALEM . MA.. EFFEWIV a ft9a5 A( (�.Y o SMITH 1" =_21Y SEPTEMBER 11. 2007
BY THE FEDERAL 7 No.3+`� �4 14 BROWN STREET SURVEY CORP.
11 07 RFCTST �a SALEM. MA. O197o
DATE REG. PROFESSIONAL LAND S IRVEYOR
L�Noso 860
l �
In regards to: The addition of a 21' round above ground pool with an attached 10' by 21'
deck at 3 Orchard Terrace, Salem, MA.
As neighbors of 3 Orchard Terrace,we have no objection to the addition of a pool and
deck in the left rear corner of the property.
NAME ADDRESS
q
l n
UIAN 46
CC°0u��„
In regards to: The addition of a 21' round above ground pool with an attached 10' by 21'
deck at 3 Orchard Terrace,-Wem, MA.
As neighbors of 3 Orchard Terrace, we have no objection to the addition of a pool and
deck in the left rear corner of the property.
NAME ADDRESS
- �V 9