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't CITY OF SALEM, MA
CITY OF SALEM MASSACHUSETTS
a s BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005- AUG 72 A 11: 21
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF KIM & SHANE FRANKLIN REQUESTING A
SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 20
SAVOY ROAD R-1
A hearing on this petition was held on July 20, 2005 with the following Board Members
present: Nina Cohen, Chairman,Bonnie Belair,Nicholas Helides, Steven Pinto and
Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting a rehearing for a Variance/Special Permit to construct a single
story addition.This is a rehearing of original petition with specific and material changes
as determined by the Salem Planning Board for the property located at 20 Savoy Road R-
1 Zone.
The provisions of the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is Section 5-3 0), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permit for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent expansion of nonconforming lots, land,
structures, and uses, provided, however, that such change extension, enlargement or
expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit request may be
granted upon a finding by the Board that the grant of the Special Permit will promote the
public health, safety, convenience and welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
that:
A. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
DECISION OF THE PETITION OF KIM & SHANE FRANKLIN REQUESTING A
SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 20
SAVOY ROAD R-I
page two
C. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or
of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. The Petitioners, along with their architect, appeared and presented a petition and
request for relief.
2. The request includes revised plans submitted before the Planning Board of the
City of Salem on April 21, 2005.
3. The new plans call for the demolition of the existing three-season porch on the
premises.
4. The plans further call for the expansion of the existing kitchen and the building of
a deck.
5. Most importantly,the plans do not request, as requested and denied heretofore
before this Board of Appeal on or about December 2004,permission to build
above the kitchen, to include a new second- floor bedroom.
6. The plans further minimize the impact on the surrounding neighbors and the view
and potential views of abutting neighbors.
7. According to Petitioners' architect, the existing kitchen is only 9' x 14' and is
inadequate for Petitioners' growing family. The new expanded kitchen will be
approximately 17' x 15'.
8. The new plans not only met with the approval of the Planning Board, but also
many of the Petitioners' surrounding neighbors who had expressed concern
regarding the original petition of December 2004, providing for a two-story
addition.
9. In fact, Petitioners presented signatures, totaling eight, from Petitioners' abutters
acknowledging said abutters' review of the proposed plans and agreement with
the plans as revised for a kitchen and deck, only.
DECISION OF THE PETITION OF KIM & SHANE FRANKLIN REQUESTING A
SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 20
SAVOY ROAD R-1
page three
10. Petitioners emphasized that the revised plans did not include a request to build
above the kitchen to include a full second floor bedroom and that said new
revised plans were limited to a first floor kitchen addition, only, to minimize
any impact on any views or potential view of immediate abutting neighbors.
11. Not all abutters or neighbors were in favor of the revised petition and plans
requesting permission to construct a one-story addition with deck.
12. In fact, Mr. Edward Ferris presented a petition signed by 13 neighbors, indicating
their opposition to the proposed plans for expansion of the home at 20 Savoy Rd.
13.The opposition expressed concern regarding density, height and loss of view if the
proposed single story addition for an expanded kitchen were granted by the
Board.
14. Petitioners further emphasized, in terms of their revised plans, that the existing
width of the house, represented to be 27', would be honored by the addition,
which would not be wider than 25'.
15. Petitioners further represented that the proposed addition would not encroach
on the 30' setback.
16. Although,Petitioners conceded the proposal would violate lot coverage and side
yard setbacks to a modest extent.
17. Petitioners further represented that they had spent considerable time and
substantial money to present a revised, substantially scaled-down plan for
addition to their premises, had the approval of the Planning Board as to a finding
that the new plan was a significant and materially altered plan, and had the
support of many, although, of course,not all, abutters and neighbors.
On the basis of the above findings of fact, and on the evidence presented at the
hearing the Zoning Board of Appeal concluded as follows:
1. Special conditions do exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
DECISION OF THE PETITION OF KIM & SHANE FRANKLIN REQUESTING A
SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 20 SAVOY
ROAD R-1
page four
3. literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
4. The relief requested can granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the ordinance.
5. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety,convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted, 4 in favor and 0 in opposition to grant the
relief requested with the following conditions.
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.
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. A Certificate of Inspection shall be obtained.
6. Petitioner shall obtain approval from any City Board's or Commission having
Jurisdiction, but not limited to the Planning Board.
7. Exterior finishes of the new construction shall be in harmony with the existing
structure.
8. Unless this decision expressly provides otherwise, any zoning relief granted does
not empower or authorize Petitioner to demolish or reconstruct the structure(s)
located on the subject property to an extent or more than fifth percent (50%)
of its floor area or more than fifty percent of its replacement cost at the time of
destruction. If the structure is demolished by any means to an extent of more than
50%of its floor area at the time of destruction, it shall not be reconstructed except
in the provisions of the Ordinance. ((��
SPECIAL PERMIT & VARIANCEC. Gr�G�
GRANTED Edward Moriarty VS%-NJ
JULY 20, 2005 Board of Appeal
DECISION OF THE PETITION OF KIM & SHANE FRANKLIN REQUESTING A
SPECIAL PERMITIVARIANCE FOR THE PROPERTY LOCATED AT 20
SAVOY ROAD R-1
page five
A COPY OF THIS DECISION HAS BEEN FILED w1TH'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 after the
date 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
Certification 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 is recorded
in the South Essex Registry of Deeds and indexed under the name or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
I
RE: 20 Savoy Road, Salem
Homeowners: Kim and Shane Franklin
We are planning to appear,before the Planning Board of Salem, Ma April 21,
2005 to review our revised plans to expand our home. The new plan will
allow us to demolish the existing 3-season porch and expand out our kitchen
and build a deck. We will not be requesting to build above the kitchen to
include an additional second floor bedroom to minimize the impact to and the
potential views of our abutting neighbor(s).
By signing below you are acknowledging that you have been given the
opportunity to review our proposed plans and agree to the revision.
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