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7 UNION STREET - ZBA � U✓��oq S�-�-�+- - -- \ / \ i _ ,._._._.. -_ •- -- -- z� � _ �i w = SPRINGER _ -= architects — SPRINGER s,hileLts 311)A U11.0,state 5F eostao IAA 0G210 Marcus Springer PWA uuD AY m 0/213/059 L matt usfNspnnymarthtlxrL tom w www sonnycraicMiett�fnm climate responsive a rchftec lure planning development y ;.CaN�1rAq CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR r SALEM, MASSACHUSETTS 01 970 TELEPHONE 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL 2919 DEC 28 A 11: 43 MAYOR CITY December 28, 2010 Decision City of Salem Zoning Board of Appeals Public hearing: Petition of JOSH GILLIS, seeking a Variance from rear yard setback, and a Special Permit to extend a nonconforming structure, in order to enclose and roof over a 12' x 11'4" porch on the second story of the existing two-family home on the property located at 7 UNION ST. (R-2 Zoning District). A public hearing on the above Petition was opened on December 15, 2010, pursuant to Mass General Law Ch. 40A, S 11. The hearing was closed on December 15, 2010 with the following Zoning Board of Appeals members present: Robin Stein, Richard Dionne, Elizabeth Debski, Rebecca Curran, Bonnie Belair (alternate), and JimmyTsitsinos (alternate). Petitioner seeks a Variance pursuant to Section 4.2.1.2 of the City of Salem Zoning Ordinances. Statements of fact: 1. Marcus Springer, architect for the project, presented the petition. Petitioner and owner Josh Gillis was also present at the hearing. 2. In a petition date-stamped November 19, 2010, petitioner requested a Variance from rear yard setback in order to enclose and roof over an existing porch on the two- family house at 7 Union Street. 3. No one at the hearing spoke in support of or against the petition. 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 mayvary the terms of the Residential Two-Family Zoning District to allow for the proposed enclosure of the existing porch. 2 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. A Variance from rear yard setback is granted to allow for the proposed porch enclosure on the two-family house at 7 Union Street. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein, Curran, Debski, Dionne and Belair) and none (0) opposed,to grant petitioner's requests for a Variance and 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 of the building is to comply with the submitted plan. 6. A Certificate of Inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Comrnission having jurisdiction including, but not limited to, the Planning Board. ���3ti D b 1 � `"�J?m!C Ezaet esu Salem Board of Appeals A COPY OF THI DECISION S C[S ON 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.