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+�f�R BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS O 1970
TELEPHONE: 978-745-9595
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KIMBERLEY DRISCOLL 2gj NOV -2 A O, a2
MAYOR
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CITY CLFF K. `.;:.Litt.
November 2,2009
Decision
City of Salem Zoning Board of Appeals
Petition ofMARGARET HANNIFIN,seeking a Variance from side and rear yard
setback requirements, and for a Special Permit to alter a nonconforming structure,to
allow for the construction of a 3'x3.5' one-story addition to the existing single-family
house on the property at 21A PICKMAN STREET, Salem,MA, in the Residential
Two-Family Zoning District.
Petitioner seeks a Variance pursuant to the Salem Zoning Ordinance, §4.0,Dimensional
Requirements.
Statements of fact:
1. The owner of the property,Margaret Hannifin,was present at the meeting. The
project's contractor,Andrew Ambrose,presented the petition.
2. In a petition dated October 2,2009,the applicant requested a Variance from side
setback requirements to accommodate the construction of a 3.5'x 3.0'addition to
the existing single-family house. The Building Inspector determined a Special Permit
under§33,Nonconforming Uses and Structures,was also needed.
3. A public hearing on the above mentioned Petition was opened on October 21,2009,
pursuant to Mass General Law Ch. 40A §§ 11. The pubic hearing was closed on
October 21,2009,with the following Zoning Board of Appeals members present:
Robin Stein (Chair), Richard Dionne,Becky Curran,Bonnie Belair(alternate),and
JimmyTsitsinos (alternate).
4. There was no public opposition expressed at the meeting.
5. At its meeting on October 21,2009,the Board of Appeals voted five (5) in favor and
none (0) opposed to grant Variances from the dimensional requirements of§4.0,
Dimensional Requirements.
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:
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1. Special conditions and circumstances exist affecting the parcel or building, which
do not generally affect other land or buildings in the same district, as the property
is oddly shaped.
2. Literal enforcement of the provisions of this ordinance would involve substantial
hardship, financial or otherwise, to the appellant.
3. 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.
4. The applicant may vary the terms of the Residential Two-Family District to
construct the proposed addition,which is consistent with the intent and purpose of
the City of Salem Zoning Ordinance.
5. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
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. To allow for the construction of the addition as proposed,the requested Variance
from dimensional requirements for structures in the Residential Two-Family zone,
and a Special Permit for extension of a nonconforming structure,are granted.
In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Stein,
Curran,Belair, Tsitsinos and Dionne) and 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 bythe 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. 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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Robin Stein, Chair'
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.