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'5 � CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET* SALEM,MASSACHUSETTS 012M AUG 21 A 0 42
KIMBERLEY DRISCOLL "ISLE:978-745-9595 ♦ FAX:978-740-9846
MAYOR FILE
CITY CLERK, SALEM, MASS.
August 27, 2014
Decision
City of Salem Board of Appeals
Petition of JOHN KONTARASIS seeking Variances from the requirements for maximum lot
coverage of all buildings, minimum width of side yard, and minimum depth of rear yard of Sec. 4.1.1
Table ofDimensional Requirements of the Salem Zoning Ordinance, to allow the construction of a
38-foot by 25-foot garage at the property located at 7 OSBORNE STREET (112 Zoning District).
A public hearing on the above Petition was opened on July 16, 2014 pursuant to M.G.L Ch. 40A, � 11. The
hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran
(Chair),Mr. Duffy, Mr. Watkins, and Mi. Copelas (Alternate).
The Petitioner seeks Variances from the requirements for maximum lot coverage of all buildings, minimum
width of side yard, and minimum depth of rear yard of Section 4.1.1 Table of Dimensional Requirements of the
Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped June 18, 2014, the Petitioner requested Variances in order to construct a
38-foot by 25-foot garage.
2. Mr.John Kontarasis presented the petition.
3. There is an existing foundation from a previous garage structure that was on the property, but was
removed around 1959. The applicant wishes to re-use the existing foundation for the new garage
structure.
4. The property is in use as a two-family residence.
5. The requested relief, if granted, would allow the Petitioner to construct a garage on the existing 38-
foot by 25-foot foundation.
6. At the public hearing, one member of the public spoke in favor of the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings:
1. The size of the lot and the location and size of the existing garage foundation are unique conditions.
Owing to these unique conditions, literal enforcement of the provisions of the Ordinance would be a
substantial hardship.
2. The desired relief may be granted without substantial detriment to the public good.
s
City of Salem Board of Appeals
August 27,2014
Project: 7 Osborne Street
Page 2 of 2
3. The desired relief may be granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Mr. Watkins, Ms. Curran, Mr. Copelas and Mr. Duffy in favor) and none (0) opposed, to grant the
requested Variances from the requirements for maximum lot coverage of all buildings, minimum width of
side yard, and minimum depth of rear yard, to allow the construction of a 38-foot by 25-foot garage subject to
the following terms, conditions, and safeguards:
1. The 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 new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
9. The proposed garage shall be built upon the existing 38-foot by 25-foot foundation. The Building
Inspector shall verify that the existing foundation is in suitable condition for re-use in construction of
the garage. If the existing foundation is not adequately sound, the applicant shall apply to the Board
of Appeals to seek any necessary variances for construction of a garage on the property.
10. The garage shall remain as an accessory use to the primary residence on the property, and shall not be
used for business purposes.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN I FT)WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this dedsion, if any, shall be made pursuant to Section 17 of the Massacbusettr General Lazar Chapter 40,4,and sball be filed nntbin 20
days of fikng of this decision in the office of the City Clerk. Pursuant to the Massacbusettr General Lazes Chapter 40A, Section 11, the Variance or
Special Pernit granted herein sball not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex Soutb
Re
imy of Deeds.
NEW ENGLAND LAND SURVEY MORTGAGE INSPECTION PLAN
Professional Land Surveyors NAME ----
25 SUTTON AVENUE
Oxford, MA 01540 LOCATION 7 OSBORNE STREET
PHONE: (508) 987-0025 SALEM, MA
FAX: (508) 234-7723 SCALE 1"=20' DATE 11/1/2011
REGISTRY SOUTHERN ESSEX
BASED UPON DOCUMENTATION PROVIDED. REQUIRED MEASUREMENTS WERE CERTIFY TO..SEAPORT CREDIT UNION_ _
MADE OF THE FRONTAGE AND BUILDING(S) SHOWN ON 1NI5 MORTGAGE ZN Qf RAp�
INSPECTION PLAN. IN OUR JUDGEMENT ALL VISIBLE FJSEMENTS ARE DEED REFERENCE: 30639/119
SHOWN AND THERE ARE NO VIOLATIONS OF ZONING REOUIREMEN115 JA
REGAROING STRUCTURES TO PROPERTY UNE OFFSETS (UNLESS OTHERWISE PA CK PLAN REFERENCE:
NOTED IN DRAWING BELOW). NOTE: NOT DEFINED ARE ABOVEGROUND M
POOLS. DRIVEWAYS, OR SHEDS WITH NO FOUNDATIONS. THIS IS A
MORTGAGE INSPECTION " NOT AN INSTRUMENT SURVEY. DD NOT USE N0. 651 WE CERTIFY THAT THE BUILDINGS) ME NOT WITHIN THE SPECIAL
TO ERECT FENCES, OTHER BOUNDARY STRUCTURES, OR TO PLANT FLOOD HVARD AREA. SEE FIRM:
SHRUBS. LOCATION OF THE STRUCTURE(S) SHOWN HEREON IS EITHER IN gFG1S1EAES)
COMPLIANCE WITH LOG& ZONING FOR PROPERTY LINE OFFSET J' 2501020001 B DTD: O8/05/1985
REQUIREMENTS. ON IS EXEMPT FROM VIOLATION ENFORCEMENT ACTION �ONq( LAIN
UNDER MASS. G,L TITLE VIL CHAP. 40A, SEC. 7, UNLESS OTHERWISE FLOOD HAARD ZONE HAS BEEN DETERMINED BY SCALE AND h
NOTED. THIS CERTIFICATION IS NON-TRANSFERABLE THE ABOVE NOT NECESSARILY ACCURATE. UNTIL DEFINITIVE PLANS ARE ISSUED
CERTIFICATIONS ARE MADE WITH THE PROVISION THAT THE INFORMATION BY HUD AND/OR A VERTICAL CONTROL SURVEY R PERFORMED, i
PROVIDED IS ACCURATE AND THAT THE MEASUREMENTS USED ME PRECISE ELEVATIONS CANNOT BE DETERMINED.
ACCURATELY LOCATED IN RELATION TO THE PROPERTY ONES.
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BY;DRAWN BY: JP �__jln®
DRAWN BY; PN Filei1MIP5465
CHECKED BY: ALB SCALE: 1'=20'