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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREETS SALEM,MA$$ACdi[75E 1970 H L E +-
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KiNMERuYDRISCOLL
MAYOR
February 26, 2009
Decision
City of Salem Zoning Board of Appeals
Petition of ROBERT CLARK, seeking a Variance from minimum side yard
dimensions to accommodate construction of a 15' by 26' two-story addition (one-
level great room over a two-car garage) on the existing single-family home on the
property located at 16 PATTON ROAD, Salem, MA, in the Residential One-Family
(R-1) 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. Robert Clark presented the petition for the property he owns at 16 Patton
Road in the R-1 Zoning District.
2. Petitioner proposes to construct a 15' x 26' addition along the entire east side
of his house. The addition would consist of a one-level great room with a
two-car garage underneath.
3. The R-1 Zoning District requires a minimum side yard-of 10 feet; the
northeast corner of the proposed addition would encroach on the side yard,
leaving an eight-foot, nine-inch side setback in that corner of the property.
4. The following plans were submitted with the petition: "Plot Plan in Salem,
MA, Prepared for Robert Clark, 16 Patton Road,"by LeBlanc Survey
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Associates, Inc.; and "15' x 26' Family Room/Garage Addition," elevation
drawings and floor plans by Alan Carroll.
5. No members of the public spoke in opposition or support of the petition.
Petitioner noted in a written statement that he had spoken to his neighbors
about his proposal, and that they were supportive of 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 petitioner's request for a variance does not constitute substantial
detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. The petitioner may vary the terms of the Residential One-Family Zoning
District to construct the proposed addition, 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:
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 Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or
Commission having jurisdiction including,but not limited to, the Planning Board.
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8. Unless this Decision expressly provides otherwise, any zoning relief granted doe
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 of 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.
Richard Dionne
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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