Loading...
6 COUSINS STREET - ZBA ,,_�_� _� � . --�. S� `� 1 l• Legai Notice + CrMOF SALEM -- ZONING BOARD OFF 978-61 jE Will;hold a pgbtie hearing for all. per:ons1riterested in the petition sub-, , 'milted by,-DAVID L'HEAREUX,seel ing a Variance from number.of stories allowed (2 1/2)to expand a third- floor dormer and aSpecial Permit to', r modify an euisgng-non-�fdorming-- - building-for property-located at 6- � . ,.COUSINS STREET(R-2).Said-hew Zwill be hell on,WEDNESDAY SEP- BER 19,2007 AT 620 p.m.3td ;floor conference room120 WASHING= �TON SIREET,ROOM 313. - ' ' Robin Stein i ,.. _ • _ - - Chair . . -SN-9/51 9/12/07 � .conolrnga CITY OF SALEM, MASSAC9 USETTS BOARD OF APPEAL - (1 j-FIC a 1 20 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 Gn TELEPHONE. 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR October 2, 2007 Decision City of Salem Zoning Board of Appeals - Petition of David L'heareux seeking a variance from number of stories allowed (2 I/z) to expand a third floor dormer and a special permit to modify an existing non-conforming building for the property located at 6 COUSINS STREET [R-2]. A public hearing on the above petition was opened on September 19, 2007 pursuant to Mass General Law Ch. 40A, See. 11, with the following Zoning Board members present: Robin Stein, Rebecca Curran, Richard Dionne, Bonnie Belair and Steven Pinto. Petitioner seeks variances pursuant to Section 9-5 and a special permit pursuant to Section 8-4 to expand a third floor dormer. 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. David L'heareux, petitioner, presented the petition for the property he owns at 6 Cousins Street in the R-2 Zoning District. 2. Petitioner proposes to remove the two existing third floor shed dormers, and construct a long third floor shed dormer. The dormer will be 32'-34' feet long, and rise up 3'. The dormer will begin 6' in from the edges of the roof. 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, which development is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 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, Pinto, Belair, Dionne, and Curran) none (0) opposed, to grant petitioner's requests for a variance and special permit subject to the following terms, conditions, and safeguards: 2 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 Occupancy is to be obtained. 7. 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. 8. The existing chimney is to be repaired to serviceable condition. cam- Robin Stein, Ch rr 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.