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oNU1Pq�O CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 �?
FAX: 978-740-9846
KIMBERLEY DRISCOLL w
MAYOR
N
May 12,2011 -
Amended Decision
Y
City of Salem Zoning Board of Appeals
Petition of KIERAN HURLEY requesting a Special Permit under Sec. 3.3.5 of the
Salem Zoning Ordinance to alter a nonconforming structure by constructing a
second story on an existing garage on the property located at 4 PATTON ROAD(R-
1).
A public hearing on the above Petition was opened on April 20, 2011,pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on that date with the following Zoning
Board of Appeals members present: Rebecca Curran,Elizabeth Debski,Richard Dionne,
Annie Harris,Jamie Metsch, and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.5 (Nonconforming Single- and
Two-Family Residential Structures) of the City of Salem Zoning Ordinances.
Statements of fact:
1. The petitioner represented himself at the hearing.
2. In a petition date-stamped March 17, 2011, the petitioner requested a Special Permit
to alter a nonconforming structure by constructing a second story on an existing
garage.
3. At the meeting on April 20, 2011,Ward 7 Councillor Joseph O'Keefe spoke in
support of the petition, noting it would have little impact on neighbors. No one
spoke in opposition.
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. 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.
2. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
2
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. 3.3.5 of the Salem Zoning Ordinance to extend a
nonconforming single-family house is granted.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Curran,
Debski,Dionne,Hams, and Metsch) and none (0) opposed,to grant petitioner's request for
a Special Permit 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 perrnit 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. 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 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.
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 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
3
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.
toNDI[I CITY OF SALEM9 MASSACHUSETTS
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y;t BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
a a SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
CinrllYg W1� FAX: 978-740-9846 n
KIMBERLEYOR ISCOLL ��`{J �r",'1' --(a 428
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May4, 2011 � �;
Decision
City of Salem Zoning Board of Appeals
Petition of KIERAN HURLEY requesting a Special Permit under Sec. 3.3.5 of the
Salem Zoning Ordinance alter a nonconforming structure by constructing a second
story on an existing garage on the property located at 4 PATTON ROAD (R-1).
A public hearing on the above Petition was opened on April 20, 2011,pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on that date with the following Zoning
Board of Appeals members present: Rebecca Curran, Elizabeth Debski,Richard Dionne,
Annie Harris,Jamie Metsch, and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.5 (Nonconforming Single- and
Two-Family Residential Structures) of the City of Salem Zoning Ordinances.
Statements of fact:
1. The petitioner represented himself at the hearing.
2. In a petition date-stamped March 17,2011,the petitioner requested a Special Permit
to extend a nonconforming single-family house on 40 Columbus Avenue by
constructing a single-story, one car attached garage.
3. At the meeting on April 20,2011,Ward 7 Councillor Joseph O'Keefe spoke in
support of the petition, noting it would have little impact on neighbors. No one
spoke in opposition.
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. Desirable relief maybe granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance.
2. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
2
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. 3.3.5 of the Salem Zoning Ordinance to extend a
nonconforming single-family house is granted.
In consideration of the above,the Salem Board of Appeals voted, five (5) in favor (Curran,
Debski,Dionne, Harris, and Metsch) and none (0) opposed,to grant petitioner's request for
a Special Permit 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 Inspection is to be obtained.
7. 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 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.
Rebecca Curran, air
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 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
3
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.