10 SCOTIA STREET - ZBA ����e�
�����
1�� �
fir_
r
' ',
,I
l .
, �
4
` L
V
�\`\ � 4
/ /i
�Y
9 Legai Notice
' CRY OF SALEM
BOARD OF APPEAL
Will hold a public hearing for all N
persons interested in the petition sub- esti
miffed by EDWARD & HEATHER Mel
MERCIER seeking a Variance from fror�
number of stories allowed(21/2)to sior
construct a third story dormer for Iota
property located at 10 SCOTIA vide
STREET R-1.Said hearing will be held helc
on WEDNESDAY, APRIL 18, 2007, 7:00
6:30 p.m., 120 WASHINGTON Was
STREET,3rd floor,313
Nina Cohen,Chairman
SN-4/5,4111/07 E_
May 24, 2007
Decision
N
O
Petition of Edward and Heather Mercier Requesting a Variance
for the Property at 10 Scotia Street
City of Salem Zoning Board of Appeals
y� 1
A public hearing on the above petition was opened on April 18, 2007 pursuant to —M.—
Massachusetts General Laws Ch. 40A, Sec. 11. The following members of the Salem M
Zoning Board of Appeals ("Zoning Board of Appeals") were present: Bonnie Belvr,
Elizabeth Debski, Richard Dionne, Annie Hams and Robin Stein.
The petitioners, Edward and Heather Mercier ("petitioners"), sought a variance from the
2 %z stories allowed under the existing zoning ordinance to 3 stories for real property at
10 Scotia Street, Salem, located within a single-family residential (R-1) 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 a single-family dwelling within a single-family
residence district.
2. Petitioners sought a variance from the maximum 2 %z stories allowed
under the existing zoning ordinance to 3 stories.
3. Such variance will enable the petitioners to construct a third story addition
to the single-family dwelling at 10 Scotia Street.
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:
I. The petitioners' request for a variance does not constitute substantial
detriment to the public good nor does the requested relief nullify or
substantially derogate from the intent or purpose of the zoning ordinance.
2. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioners.
3. In permitting such change, the Zoning Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
In consideration of the above, five (5) members (Belair, Debski, Dionne, Harris and
Stein) of the Salem Zoning Board of Appeals voted to grant the petitioners' request for a
F
variance, and zero (0) members voted to deny the petitioners' request for a variance,
subject to the following terms, conditions, and safeguards:
I. Petitioners 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
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. Petitioners shall obtain building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure, except to the extent that vinyl siding with be used and
not the existing aluminum.
6. If necessary, petitioners shall obtain proper street numbering from the City
of Salem Assessor's office and shall display said number as to be visible
fom the street.
7. Petitioners are to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
8. 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.
Elizabeth Debski /
Salem Zoning Board of Appeals
r
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.
Petition of Edward W.Mercier and Heather M. Mercier
to the Board of Appeals of Salem,Massachusetts
We the undersigned, residents of Scotia Street, Salem,Massachusetts and residents of abutting homes draw the attention of the Board
of Appeals that the residents of 10 Scotia Street(Mr. and Mrs.Edward Mercier)of Salem, Massachusetts intend to renovate of the
third floor of their home with the addition of a shed dormer, therefore,the petitioners call upon the Board of Appeals to support the
request of the residents of 10 Scotia Street. '
Print Name Signature Address I Comment 1 Date
S l
17,
�
{ tawq G 1C elf- r�-S4- 0-7
3 - 2-0 - 0
j
{ ,�w�tu✓r� � ���o Kr.� l`� Sr,��ia
1