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I Legal Notice
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CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext 381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by ROCHELE DIMATTEO
requesting Variances from lot area and
side yard setbacks to allow a 10'x18'
two story addition replacing a previous
enclosed porch for the property located
at 13 SOUTH STREET R-1.Said hear-
ing to be held WEDNESDAY,MAY 18,
2005 AT 6:30 P.M., 120 WASHING-
S TON STREET, 3RD FLOOR, ROOM
313.
Nina Cohen
Chairman
S (5/4,11)
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CITY OF SALEM9 MASSACHUSETTS' Ur SHL'c A. MA
CLERKS OFFICE
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 JUN - I P 2: 314
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF ROCHELLE DIMATTEO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 13 SOUTH STREET R-1
A hearing on this petition was held on May 18,2005 with the following Board Members
present; Richard Dionne, Edward Moriarty,Nicholas Helides, Robin Stein and Steven
Pinto. Notice of the hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
The petitioner is requesting Variances from lot area and side yard setback to allow a 10' x
18' two story addition replacing previous enclosed porch for the property located at 13
South Street in an R-I zone.
The Variances,which have been requested,may be granted upon a finding by this 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 and structures involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioners.
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 of
the purpose of the Ordinance.
The Board of Appeal,after careful consideration of the evidence presented at the hearing,
and after viewing the plane,makes the following findings of fact:
1. The Petitioner, Rochelle DiMatteo appeared and represented herself at the
hearing.
2. The petitioner constructed a 10' x 18' two story addition without knowing she
needed to come-before-the Board of Appeals for Variances from lot area and side
yard setback. Once she was made aware, she applied for the Variances.
3. A letter was submitted from Councillor Leonard O'Leary in support of this
petition.
4. A petition was also submitted with 19 names of the abutter;in favor.
J �
DECISION OF THE PETITION OF ROCHELLE DIMATTEO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 13 SOUTH STREET R-1
page two
4. A petition was also submitted with 19 names of abutters in favor of this petition.
S. Plans were submitted showing the new addition.
On the basis of the above findings of fact,and on, the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can be 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.
Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature,ordinance,codes and
regulations.
2. All construction shall be done as per the plans 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 prior to beginning any construction.
5. Petitioner shall obtain a Certificate of Occupancy.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
VARIANCE GRANTED
MAY 18, 2005 ✓ / ,Su �
Steven into, Mem
Board of Appeal
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 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 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 is
has been dismissed or denied 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.
Board of Appeal
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COUNCILLORS-AT-LARGE MICHAEL BENCAL WARD COUNCILLORS
PRESIDENT
2005 2005
THOMAS H. FUREY CHERYL A. LAPOINTE LUCY CORCHADO
KEVIN R. HARVEY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C.SARGENT III LEONARD F. O'LEARY
MATTHEW A.VENO
MICHAEL BENCAL
JOSEPH A. O'KEEFE, SR.
May 18, 2005
Ms.Nina Cohen, Chairperson
Board of Appeals
City of Salem
Salem, MA 01970
Dear Ms. Cohen:
I respectfully request consideration for the petition of Rochelle Di Matteo,
requesting a Variance from lot area and side yard setback for the property located at 13
South Street. In talking with the petitioner she had said that she had approval from all
abutters and at this time I would be in favor of this petition.
Sincerely,
C7 C
LEONARD F. OTEARY
COUNCILLOR WARD FOU
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM
Approval of Renovations Made to 13 South Street Salem
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