25 WASHINGTON STREET - ZBA i
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Vo1No1T4 CITY OF SALEM, MASSACHUSETTS
�y A�l BOARD OF APPEAL
,0 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACH05ETTS 01970
TELEPHONE 978-745-9595
MrveooNe FAX 978-740-9846
KIMBERLEY DRISCOLL - -
MAYOR n
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September 4, 2008
Decision _
City of Salem Zoning Board of Appeals
Petition of GARY & JENNIFER SANTO seeking a variance from
minimum rear yard depth and a special permit to alter a non �
conforming structure to allow for the construction of a mudroom
attaching the existing garage to the main structure and the addition of
finished space above the garage at 25 WASHINGTON SQUARE (R-2).
A public hearing on the above Petition was opened on August 27, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on August 27, 2008 with
the following Zoning Board members present: Robin Stein (Chair), Rebecca Curran,
Elizabeth Debski, and Rick Dionne.
Petitioner seeks variances pursuant to the following sections of the Salem Zoning
Ordinance: Table I: Residential Density Regulations and Sec. 8-4: Nonconforming
structure.
Statements of fact:
1. Project architect, Walter Jacob, presented the petition on behalf of the Santos.
2. Plans entitled "Santo Residence", prepared by Walter Jacob Architect, LTD
accompanied the petition.
3. A plot plan prepared by North Shore Survey Corporation accompanied the
petition.
4. The property contains a single family home and an existing garage.
5. The applicants are proposing to connect the existing garage to the main structure.
This change would make the garage part of the primary structure; it would no
longer be recognized as an accessory structure. The single story structure
proposed to connect the two buildings would be within the required rear yard
setback of thirty(30) feet.
6. The applicants are proposing to renovate the garage, which they currently
describe as having a Mexican motif so that it looks like the primary structure and
fits in with the neighborhood. The proposed renovations include increasing the
height of the garage (by 10 ft.) with a gable roof. The finished space created
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above the garage would be approximately 700 sq. ft.; the space would be accessed
by a pull down ladder and would not be entirely useable since it is partially in the
eves. Additionally the applicants plan to do shingle siding, a slate roof, and
copper downspouts.
7. There was no opposition to the request at the public hearing.
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. A literal enforcement of the provisions of the City of Salem Zoning Ordinance
would result in substantial hardship financial or otherwise to the petitioner who is
seeking to make improvements to their property, which will enhance the
neighborhood.
2. The style of the current garage does not fit with the neighborhood; the proposed
renovations require minimal dimensional relief and will keep with the character of
the neighborhood, therefore 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 ordinance.
3. There are unique conditions affecting the locus and structures, not generally
affecting other lots in the in the Zoning District including the existing layout of
structures on the site.
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 minimum rear yard depth and a special permit to alter a non
conforming structure are granted to allow the proposed connection and
renovations.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor
(Debski, Curran, Stein, and Dionne) and none (0) opposed, to grant petitioner's request
for variances subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all City and State statues, 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.
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5. Exterior finishes of new construction shall be in harmony with the existing
structure and shall meet the requirements of the Salem Historical Commission.
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.