11 ORLEANS AVENUE - ZBA r.
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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TELE:978-745-9595 +FAx:978-740-9846 FILE 4 „
CITY CLEic;`,, SA,LEM.IIA4�
KIMBERLEYDRISooLL
MAYOR
February 23, 2009
Decision
City of Salem Zoning Board of Appeals
Petition of SCOTT CHARLTON, seeking a variance from maximum fence height to
replace an existing 6' stockade fence at 11 ORLEANS AVENUE, Salem, MA, in the
Business Highway (B-2) Zoning District.
A public hearing on the above petition was opened and closed on February 18, 2009
pursuant to Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board
members present: Bonnie Belair, Rebecca Curran, Richard Dionne, Annie Harris, and
Jimmy Tsitsinos.
Petitioner seeks a variance pursuant to Section 9-5 of the City of Salem Zoning By-law.
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 of fact:
1. Scott Charlton presented the petition for the property he owns at 11 Orleans
Avenue in the B-2 Zoning District.
2. Petitioner proposes to replace the existing 6' stockade fence with an 8'
stockade fence, which would exceed the maximum height allowed by the
Salem Zoning Ordinance for fences abutting residential property.
3. The existing fence abuts a business located at 280 Highland Avenue and a
residence at 282 Highland Avenue. A longer portion of the fence abuts the
residence.
4. The City of Salem has an easement at the back of 11 Orleans Avenue which
contains a 12-inch drain line that conveys stormwater and groundwater
through the neighborhood. The existing fence is located on the City's
easement, as the proposed fence would be.
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5. Due to capacity problems resulting in neighborhood flooding, the City plans
to rehabilitate the drain behind 11 Orleans Avenue. A Conservation
Commission Order of Conditions has been obtained for this project.
6. Petitioner states that the property suffers from increased exposure to traffic
noise and vehicle headlights on Highland Avenue since the recent removal of
tree branches from the properties at 280 Highland Avenue and 282 Highland
Avenue. Photographs were presented at the hearing showing views from the
property before the removal of the trees.
7. A resident spoke in opposition to the petition. Mr. Thomas Potorski, 9
Orleans Avenue, stated his opinion that the variance should not be granted
because he felt the zoning ordinance should be strictly enforced and apply to
all properties. He did not oppose an 8' fence on the portion of the property
which abuts a commercial use, where the zoning allows it, but he did oppose
the fence on the portion of the property abutting a residence.
8. Councillor Steven Pinto (Councillor at Large), 55 Columbus Avenue, spoke in
support of the petition, stating that this was a quality of life issue, and the City
should be supportive of a resident who wished to maintain his property value
by reducing the noise and light to which his home is exposed.
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 petitioner's request for a variance does not constitute substantial
detriment to the public good, as the proposed fence would take the place of
tree branch coverage on the abutting property, which had previously provided
buffering from light and noise, as well as privacy to 11 Orleans Avenue.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance, as the proposed fence would be located in
a neighborhood characterized by both commercial and residential uses; an
eight-foot fence would be permitted in numerous other locations in the
surrounding area.
3. The petitioner may vary the terms of the Business Highway Zoning District to
enable the proposed fence replacement, which is consistent with the intent and
purpose of the City of Salem Zoning Ordinance.
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
(Belair, Curran, Dionne, Harris, and Tsitsinos) none (0) opposed, to grant petitioner's
requests for a variance subject to the following terms, conditions, and safeguards:
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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. Construction of the fence shall not begin until the City of Salem has finished
replacing the drainage pipe at the rear of the property.
RichardD
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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 has been filed
with the Essex South Registry of Deeds.
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