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64 TREMONT STREET - ZBA � � C���� � t � � �. i 1 N O A I I �\ l ` �, � � / _ \ � ` � sista Legal Notice a of or erty CRY OF SALEM int Is of BOARD OF APPEAL al an of 978-7459595 x5641 ni chu- Will hold a public hearing for all per- 'ni e of sons interested in the petition submit- nt. - 48 ted by MARY JINKS requesting a Val the Ing ance from side yard setback to extend Tt gild- existing deck for the properly located at th- ton, 64 TREMONT STREET R-2..Said PI. I hearing will be held on WEDNESDAY, ton JUNE 20, 2007 at 6:30 p.m., 3rd boor 61 i 120 Washington Street,Room 913. bull SN—6/6,6/13/07 l oNDrTggd CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL - 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 W Mme FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR August 30, 2007 Decision City of Salem Zoning Board of Appeals Petition of Mary Jinks requesting Variance from side yard setback to reconstruct and extend two levels of decks for the property located at 64 Tremont Street. A public hearing on the above petition was opened on August 22, 2007 pursuant to Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board members present: Robin Stein,Elizabeth Debski, Annie Harris, Bonnie Belair, and Steven Pinto. Petitioner seeks variances pursuant to Section 9-5 of the Salem Zoning Ordinance to allow for the construction and expansion of rear two level porches for the property located at 64 Tremont Street. 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 of fact: 1. Mary Jinks, petitioner, presented the petition for the property she owns at 64 Tremont Street in the R-2 Zoning District. 2. Petitioner proposes to replace and extend the two level rear decks on this property. The current decks are non-conforming because they are only six feet from the westerly property line. The new decks will also be 6 feet from the westerly property line but will be 20 feet wide and extend ten feet out from the house. One deck will be off of the first story, and the other will be -- --- - -- directly above it on the second story. — 3. In support of the petition were Ward 6 City Councilor Paul Prevey, and Ward 7 City Councilor Joseph O'Keefe who spoke at the hearing. Letters of support were submitted by Bill and Ilene Simons (79 School Street), and Ellen Talkowsky (3 Devereaux Ave) and Max Talkowsky (3 Devereaux Ave). 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 as follows: 1. The petitioner may vary the terms of the Residential Two Family Zoning District to enable the proposed development. 2 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein, Debski, Harris, Belair, and Pinto) none (0) opposed, to grant petitioner's request 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 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. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained 7. Petitioner is 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 empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area of more than fifty percent (50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. 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. r ^-1 l June 20, 2007 Board of Appeals City of Salem 120 Washington Street Salem,MA 01970 Dear Chairperson and members of the Board: We would like to submit this letter to have it become made a matter of record. Due to a prior commitment,we cannot attend this evening's meeting,however please let the record state our support for the petitioner Mary Jinks. Please grant Mary Jinks the variances requested for her deck. Improvements to her deck will not only enhance her own residence but that of the neighborhood. Sincerely, Bill and Ilene Simons 79 School Street Salem, MA 01970 June 20,2007 Board of Appeals City of Salem 120 Washington Street Salem, MA 01970 Dear Chairperson and members of the Board: Due to a prior commitment, I am unable to attend this evening's meeting,however please let the record state my support for the petitioner Mary Jinks. Please grant Mary Jinks the variances requested for her deck. Allowing her these variances for her deck will allow her to fix up her house, which in tum will also enhance the neighborhood. Sincerely, Ellen Talkowsky 3 Devereaux Avenue Salem,MA 01970 June 20, 2007 Board of Appeals City of Salem 120 Washington Street Salem, MA 01970 Dear Chairperson and members of the Board: Due to health reasons, I am unable to attend this evening's meeting,however please let the record state my support for the petitioner Mary Jinks. Please grant Mary Jinks the variances requested for her deck. She and her daughter are great neighbors. Allowing her these variances for her deck will allow her to fix her home and also improve the neighborhood. Sincerely, Max S. Talkowsky 3 Devereaux Avenue d-rx,�jer- o IC I jeverec L X 14vmv-2 Salem, MA 01970