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68 PIERPONT - ZBA i � �� e� � � �, � � �� � ��� � i �' `� �' �, � � � �.� , , �oN CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL �u 120 WASHINGTON STREET, 3RD FLOOR l � d SALEM, MASSACHUSETTS 01 970 �?n TELEPHONE: 978-745-9595 uo� FAX: 978-740-9846 KIMBERLEY DRISCOLL < ors MAYOR c'� a' r � rn � r July 30, 2008 w ice-, O r-» Decision D City of Salem Zoning Board of Appeals QP n cn 0 Petition of JANINE JARAS requesting a variance from minimum width of side yard to construct a first-story addition approximately 9' x 9' at 68 Pierpont Street (11-1). A public hearing on the above Petition was held on July 16, 2008 pursuant to Mass General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin Stein, Annie Harris, Rick Dionne, Rebecca Curran, and Bonnie Belair. Petitioner seeks variances pursuant to Article VI Table I of the Salem Zoning Ordinance to allow for a side yard width of 6 ft. instead of the required 10 ft. Statements of fact: 1. Janine Jaras presented the petition for the property she owns at 68 Pierpont Street in the Residential-One Family(R-1) Zoning District. 2. Accompanying the petitioner was a plot plan of land, as well as elevations entitled"New Addition at Pierpont Street Salem, MA", dated March 24, 2008, prepared by Thomas McGrath Architects. 3. The petitioner is proposing an addition which is 6' x 9' with a 3' x `6 jog. The addition will be used for a second bathroom and laundry facilities. 4. The residence currently approximately 900 square feet and has one bathroom on the second floor and laundry facilities in the cellar. 5. The existing side yard width is 6'; the proposed side yard width is 6'. 6. There was no opposition to the request for variance at the public hearing. 7. 68 Pierpont Street is a property located on the Salem-Peabody line. Certified abutters rP P P Y Y lists were obtained from the City of Salem Assessor's Office as well as the City of Peabody Assessor's Office and notice was sent to Parties of Interest as defined by MGL Ch. 40, Sec. 11. 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. There are circumstances relating to the property, including the layout of the structure on the lot, and the size and age of the structure,which generally do not affect other properties in this zoning district. 2. A literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in unnecessary hardship financial or otherwise to the petitioner who is seeking to make an improvement to the property. 3. The variance requested is not contrary to the public interest. The addition is not out of character with the neighborhood; therefore desirable relief may be granted to allow this request without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. 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 the addition, the petitioner may vary the terms of the Salem Zoning Ordinance Article VI Table I specifically minimum width of side yard. 2. hi 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, Harris, Dionne, Belair, and Curran) and none (0) opposed, to grant petitioner's request for a variance 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. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A certificate of occupancy 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 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 3 its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. % /At, 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.