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CITY OF SALEM
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
DANIELLE McKNIGHT
STAFF PLANNER
CITY HALL ANNEX (978)619-5685
120 WASHINGTON ST. FAX:(978)740-0404
SALEM,MA 01970 DMCKNIGHT@SALEM.COM
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pONDITggd CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
j Q SALEM, MASSACHUSETTS 01970
. " TELEPHONE: 978-745-9595
dI1NE DD FAX: 978-740-9846
KIMBERLEY DRISCOLL, 1009 SEP 30 A 84 01
MAYOR
YALE iF
CITY CLEM, S.ALEN, FlAls, .
September 28,2009
Decision
City of Salem Zoning Board of Appeals
Petition of MICHAEL BUCCO, seeking a Variance from maximum height(number
of stories) to allow for the addition of a dormer onto the third floor of a two-family
home on the property at 72-74 WEBB STREET, Salem,MA, in the Residential Two-
Family Zoning District(R2).
Petitioner seeks a Variance pursuant to the Salem Zoning Ordinance, 56-4, Table I:
Residential Density Regulations (recodified on September 10, 2009 as §4.1.1: Table of
Dimensional Requirements).
Statements of fact:
1. Michael Bucco represented himself at the hearing. His wife,Dawna Bucco,was also
present.
2. In a petition dated August 24,2009,the petitioner requested a Variance to construct
a dormer on the third story of a two-family home.
3. A public hearing on the above mentioned Petition was opened on September 16,
2009,pursuant to Mass General Law Ch. 40A,§11. The pubic hearing was closed on
September 16,2009,with the following Zoning Board of Appeals members present:
Rick Dionne (chairing the meeting),Beth Debski,Bonnie Belair(alternate), and
Jimmy Tsitsinos (alternate).
4. At the hearing, no members of the public spoke in opposition to or in favor of the
petition.
5. Members of the Board of Appeals commented that the project seemed reasonable,
as long as there was no intention to create an additional rental unit. Dawna Bucco
assured the Board that no part of the house is currently rented, nor will it be,and
that the purpose of the project was to create another bedroom only.
At its meeting on September 16,2009,the Board of Appeals voted four (4) in favor and
none (0) opposed to grant a Variance under§64, Table I: Residential Density Regulations
(recodified on September 10, 2009 as §4.1.1: Table of Dimensional Requirements).
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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
construct the proposed addition,which is consistent with the intent and purpose of
the City of Salem Zoning Ordinance.
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. To allow for an addition of a dormer onto the third floor of the two-family home at
72-74 Webb Street,the requested Variance from dimensional requirements for the
Two-Family Residential Zone is granted.
In consideration of the above,the Salem Board of Appeals voted,four(4) in favor(Dionne,
Belair, Debski and Tsitsinos) and none (0) opposed,to grant petitioner's requests 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 the 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
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floor area or 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.
Rrc Dionne
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.