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coNDI�'q.gd CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
b 120 WASHINGTON STREET, 3RD FLOOR
7 { SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL 2011 V if -3 A 11: 1 Li
MAYOR
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August 3, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of MARC TRANOS requesting relief per Section 3.3.4 of the Salem Zoning
Ordinance to extend a nonconforming structure. Proposed addition will have a side
yard setback of S'and add a 3rd story living space on the property located at 47
MEMORIAL DRIVE (R-1 Zoning District).
A public hearing on the above Petition was opened July 20, 2011, pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on that date with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair), Elizabeth Debski,
Richard Dionne, Jamie Metsch, and Bonnie Belair (alternate).
Petitioner seeks a Special Permit and Variance pursuant to Section 3.3.4 of the City of
Salem Zoning Ordinances.
Statements of fact:
1. The petitioner represented himself at the hearing.
2. In a petition date-stamped June 29, 2011, petitioner requested dimensional
Variances under Section 4.1 of the Zoning Ordinance in order to extend his
nonconforming single-family house by demolishing a portion of it, constructing a
new addition, raising the roof elevation and adding a new dormer. However, the
Building Commissioner determined that relief was required under Section 3.3.4
instead.
3. At the hearing on July 20, 2011, two direct abutters indicated their support for
the project. No one spoke in opposition.
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:
2
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. 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 Special Permit and Variance per Sec. 3.3.4 of the Salem Zoning Ordinance to
extend a nonconforming structure are granted.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Curran, Debski, Dionne, Metsch and Belair) and none (0) opposed, to grant petitioner's
request for relief under Section 3.3.4 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 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
3
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.
9. The fagade will be adjusted to be three-dimensional, protruding from the
house at least 2" on both sides.
Rebecca Curran, Chair
Salem 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.
Letter of Attestation:Abutting neighbor
Salem Board of Appeals
28Jun11
Re: Proposed renovations to abutting residence at 47 Memorial Drive
To the Zoning Board of Appeals,
I Antonio Marfongelli,who currently reside at 49 Memorial Drive Salem Massachusetts,agree and
support our abutting neighbor Marc Tranos'proposed renovations and addition as detailed in plot plan
(North Shore Survey,23Jun11). Let this letter state that we have no objection to the proposed work
specifically in terms of reducing sidelot setback between our properties from the current 12' ±to the
proposed 5'±.
J
Antonio Marfongelli
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ZONING DISTRICT — RESIDENCE Rt
REQUIRED EXISTING PROPOSED
LOT AREA 15,000 6600± 6600±
FRONTAGE 100' 60' 60'
LOT WIDTH 100' 60' 60'
FRONT 15' 20'± 20'±
SIDE 10' 7'± 5'±
REAR 30' 53'± 53'±
LOT COVERAGE 30% 18% 24%
COLLINS COVE
63'±
� shed /
MAP 42 LOT 9
inground ANTONIO & PATRICIA MARFONGELLI
pool 49 MEMORIAL DRIVE
PROPOSED
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MAP 42 LOT 7 -removed
BRADFORD SMITH N 5'± ts'±
45 MEMORIAL DRIVE
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MEMORIAL DRIVE
PLOT PLAN OF LAND
47 MEMORIAL DRIVE
SALEM
PROPERTY OF
f CERTIFY THAT THE BUILDINGScw
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HEREON ARE LOCATED ON �V SMiTH `s;l MARY LOU TRANOS
THE GROUND AS SHOWN NO.35043 p
�FCIS1 9�'�t�A SCALE 1" = 20' JUNE 23, 2011
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123 IIL ` NORTH SHORE SURVEY CORPORATION
DATE REG. PROF. LAND SURVEYOR 14 BROWN STREET - SALEM, MA
978-744-4800 #3585