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CITY OF SALEM 1
BOARD OF APPEAL F
978-745.9595 x5641
I Will hold a public hearing for all per- yt
he sons interested in the petition submit-
ith ted by BRIAN BOCHES seeking a
iId- Special Permit to expand a non-con-
d a forming structure to allow more livable
(on space for the property located at 60-62 I
!on PERKINS STREET R-3.Said hearing
and will be held on WEDNESDAY,JUNE'
l Jr. 20, 2007 at 6:30 p.m., 3rd floor, 120 de
,the Washington St.Room 313. Pn
ero SN—6/6,6113✓07
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� ,DoND1TA.AQ CITY OF SALEM, MASSACHUSETTS
qj BOARD OF APPEAL
120 WASHINPTON STREET, 3RO FLOOR
2
SALEM, MASSACHUSETTS 01970
O TELEPHONE- 978-745-9595
FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
July 10, 2007
R
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Decision �1-
Petition of Brian Boches Requesting a Special Permit for the Property at o
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60-62 Perkins Street
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City of Salem Zoning Board of Appeals -
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A public hearing on the above petition was opened on June 20, 2007 pursuant to
Massachusetts General Laws Ch. 40A, §§ 9 and 11 and the City of Salem Zoning
Ordinance. The following members of the Salem Zoning Board of Appeals ("Zoning
Board of Appeals') were present: Robin Stein (chairperson), Elizabeth Debski, Richard
Dionne and Steve Pinto.
The petitioner, Brian Boches ("petitioner"), sought a special permit to expand a non-
conforming structure to allow more livable space at 60-62 Perkins Street, Salem, located
within a multifamily residential (R-3) zoning district.
The Zoning Board of Appeals, after careful consideration of the evidence presented at the
public hearing, and after thorough review of the petition submitted, submits the following
findings of fact:
1. Petitioners property is located within a multifamily residential (R-3) zoning
district.
2. Petitioners seeks to expand an existing dormer by 13 feet to create additional
living space.
3. Peter Hackbyer, owner of 55 Perkins Street, spoke in favor of the special permit.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to the Petition, the Zoning Board of Appeals concludes
as follows:
l. The petitioner's request for a special permit does not constitute substantial
detriment to the public good. Nor does the relief nullify or substantially
derogate from the intent or purpose of the zoning ordinance.
2. In permitting such change, the Zoning Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
In consideration of the above, four(4) members (Stein, Debski, Dionne and Pinto) of the
Salem Zoning Board of Appeals voted to grant the petitioner's request for a special
permit, and zero (0) members voted to deny the 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.
1 All construction shall be done as per the plans and dimensions submitted
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 regarding any construction.
5. Exterior finishes of any new construction shall be in harmony with the
existing structure.
6. A certificate of occupancy shall be obtained.
7. If necessary, petitioner shall obtain proper street numbering from the City
of Salem Assessor's Office and shall display said number as to be visible
from the street.
8. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
9. Unless this decision expressly provides otherwise, any zoning relief
granted does not authorize petitioner to demolish or reconstruct any
structures(s) on the property to an extent greater than 50% of the structure
as measured by floor area or replacement cost. If a structure on the
property is demolished by any means to an extent of more than fifty
percent of its replacement cost or more than fifty percent of its floor area
at the time of destruction, it shall not be reconstructed except in
conformity with this Ordinance.
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Robin Stein
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH 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 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 that 20 days have elapsed and no appeal has been filed,or that, if
such appeal has been filed, that it has been dismissed or denied and is recorded in the South Essex
Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on
the owner's Certificate of Title.