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yONDITggd CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
7 i 4 SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
MINE�� FAX: 978-740-9846
KIMBERLEY DRISCOLL 004 �lll� 3� ^t-i '1.: 5,
MAYOR 2 U i J
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FILE #
CITY CLEF:'{, S;°LEM. M";S S'.
June 29 2009
Decision
City of Salem Zoning Board of Appeals
Petition of ERIC COUTURE, seeking a Variance from required lot area per dwelling
unit to allow for the replacement of a single-family home with a two-family home at
43 SCHOOL STREET, Salem,MA(R2 zoning district).
Petitioner seeks variances pursuant to the Salem Zoning Ordinance, §64,Table I:
Residential Density Regulations.
Statements of fact:
1. Attorney Scott Grover presented the petition on behalf of the petitioner,who is
under agreement to purchase the property from Lona Belanger,the current owner.
2. In a petition dated May 26,2009,the applicant requested variances from minimum
lot area per dwelling unit required by the zoning ordinance in order to replace the
existing single-family home on the property with a two-family home.
3. A public hearing on the above mentioned Petition was opened on June 17,2009,
pursuant to Mass General Law Ch. 40A, % 11. The hearing was closed on June 17,
2009,with the following Zoning Board of Appeals members present: Robin Stein
(Chair),Rebecca Curran,Richard Dionne,Beth Debski,Bonnie Belair (alternate),
and Jimmy Tsitsinos (alternate).
4. Several residents opposed the petition, citing concerns about parking, drainage,
density and the possibility that renters would move in. Board members pointed out
that the plans show four off-street parking spaces to be provided,two for each unit,
and asked the petitioner to submit a drainage plan if his petition was approved.
5. Several residents also complained of the trees on the properly and stated that a tree
had fallen on one neighbor's properly,damaging a fence, and another tree had grown
through another neighbor's fence. Attorney Grover stated that the petitioner was
willing to remove the trees.
6. At-Large Councillor Steven Pinto, 55 Columbus Avenue, spoke in support of the
project,stating that given the deteriorated condition of the existing house,the
proposed new building would boost abutters'property values. He also encouraged
2
the abutters to speak with the developers, since they appeared to be willing to work
with the neighborhood to address concerns.
7. The existing house on the property does not conform to front or side yard setback
requirements;the proposed house,while requiring relief from lot area per dwelling
unit,would bring the property into front and side yard setback compliance.
8. Several Board members commented that the proposed two-family house would be a
significant improvement over the existing house,which is in poor condition, and that
the project would improve the neighborhood.
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. The applicant mayvarythe terms of the Residential Two-Family District to
construct the proposed development,which is consistent with the intent and
purpose of the City of Salem Zoning Ordinance.
3. 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 redevelopment of the site as proposed,the requested Variance from
lot area per dwelling unit is granted.
In consideration of the above,the Board of Appeal voted five (5) in favor and none (0)
opposed to grant a Variance from lot area per dwelling unit to allow for the replacement of
the existing single-family home with a two-family home, as shown on the plans titled "Plan
to Accompany Petition to the Board of Appeals,Located in Salem,Mass.," dated May 28,
2009,and prepared by Christopher R Mello,PLS subject to the following tenns,
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.
3
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 shall obtain street numbering from the City of Salem Assessor's Office
and shall display said numbers so 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. Petitioner will submit a drainage plan prior to obtaining a building permit.
10. Petitioner will apply for and receive a proper demolition permit.
11. Petitioner will remove any trees neighbors select, and will replace the fencing
damaged by trees on the site.
s� 1" /19-�A
Robin Stem, 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.
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Professional Land Surveyors & Civil Engineers
ESSEX SURVEY SERVICE. 1958 - 1986
OSBORN PALMER 1911 - 1970
BRADFORD 8 WEED 1885 - 1972
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REFERENCE: BK PG Christopher R. Mello PLS 31317
104 LOWELL STREET
PEABODY, MASS.01960
(978)531-8121
FAX:!7191 531-5920
ZONING DISTRICT. R2
ASSESSORS MAP 26 PARCEL 286
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PHOTO REPRODUCTION OF THE ABOVE SEAL IS
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COPYRIGHT FRAUD.
ENNFOR EMENTFNGEMENT AIUTHORITY SHAALLO NOT ACCEPT 0 10 20 40 60 80 F 1 01391
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