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BOARD OF APPEAL
�> 120 WASHINGTON STREET, 3RD FLOOR
a ➢� C SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 _
EDDY FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
August 30, 2007
Decision
City of Salem Zoning Board of Appeals
Petition of Gregory Salamido requesting Variance from number of
stories to allow a third floor shed dormer for the property located at 7
Clifton Ave.
A public hearing on the above petition was opened on August 22, 2007 pursuant to Mass
General Law Ch. 40A, Sec. 11, with the following Zoning Board members present:
Robin Stein, Elizabeth Debski, Annie Harris, Bonnie Belair, and Steven Pinto.
The petitioner is requesting a Variance from density regulations 6-4 to allow a 3rd floor
shed dormer for the property located at 7 Clifton Avenue in an R-1 zone.
The Board of Appeal after careful consideration of the evidence presented at the hearing,
and after viewing the plan makes the following findings of fact:
1. Gregory Salamida, the petitioner, presented the petition.
2. The proposed dormer (on the left side of the house) will mirror a dormer which
was approved by the Zoning Board of Appeals on November 16, 2005 (on the
right side of the house).
3. The dormer will extend 12 feet out from the peak of the roof and be 2.5 feet in
-- — -- -height. —
4. Pursuant to the November 16, 2005 decision of the Salem Zoning Board of
Appeals the petitioner will voluntarily convert the use of the property to a
permanent single-family residence..
5. There was no opposition for the petition.
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:
The petitioner may vary the terms of the Residential One Family Zoning District to
enable the dormer. The Zoning Board of Appeal voted five in favor (Stein, Debski,
Harris, Belair, and Pinto) and none opposed to grant the Variances requested, subject to
the following conditions:
I. Petitioner shall comply with all city and state stature, ordinance, codes and
regulations.
2. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction,including but not limited to the Planning Board.
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. A Certificate of Inspection shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
7. Property shall remain as a single family.
8. Unless this decision expressly provides otherwise, any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure(s) on the
property to an extent greater than 50% of the structure as measured by floor area
or replacement costs. If a structure on the property is demolished by any means to
an extent of more than 50% of its replacement cost or more than 50% of its floor
area at this time of destruction, it shall not be reconstructed except in conformity
with this 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.
— — _ parsuauf to the Massachusetts General Laws Chapter 40A,-Section I1,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.
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL ` "LLF1, MA
CLEPRK S OFFICE
120 WASHINGTON STREET, 3RD FLOOR17 a% -'
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 1605 NOV 23 A 9= 35
DECISION ON THE PETITION OF GREGORY SALAMIDA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 7 CLIFTON AVENUE R-1
A hearing on this petition was held on November 16, 2005 with the following Board
Members present; Richard Dionne,Nicholas Helides,Nina Cohen, Edward Moriarty and
Robin Stein. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variances from density regulations 6-4 to allow a 3`d floor
shed dormer for the property located at 7 Clifton Avenue in an R-1 zone.
The Variances,which have been requested,may be granted upon a finding by this Board
that:
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings and structures involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district of
the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plane, makes the following findings of fact:
1. Gregory Salamida,the petitioner,presented the petition.
2. The dormer will be setback 5 feet from the front and rear edge of the roof.
3. The subject property is a pre-existing nonconforming 2 family dwelling that is
presently used as a single family by the petitioner.
4. Use of the new dormer area will be for storage and a walk up closet.
5. Mr. Salamida stated that he has spoken with his neighbors and there was no
opposition.
6. The subject structure is 1 I feet from the neighboring structures.
DECISION OF THE PETITION OF GREGORY SALAMIDA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 7 CLIFTON AVENUE R-1
page two
7. The petitioner stated that he is willing to relinquish the 2 family status and be
recognized as a single family use.
8. There was no opposition for the petition.
On the basis of the above findings of fact, and on, the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or
the purpose of the Ordinance.
,
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance,codes and
regulations.
2. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, including but not limited to the Planning Board.
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. A Certificate of Inspection shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
7. Property shall remain as a single family.
8. Unless this decision expressly provides otherwise, any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure (s) on the
property to an extent greater than 50% of the structure as measured by floor area
or replacement costs. If a structure on the property is demolished by any means to
an extent of more than 50% of its replacement cost or more than 50% of its floor
area at the time of destruction, it shall not be reconstructed except in conformity
with this Ordinance.
VARIANCE GRANTED
NOVEMBER 16, 2005
Nicholas Helides
Board of Appeal JJ
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11360 PO 481
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d DEED
We, Lionel B. Miller of Alexandria, Virginia, Harold S.
Miller of Houston, Texas, Susan Mui9e of Windham, New
Hampshire, and Beverly Pasquarello of Salem, Massachusetts,
for consideration paid and in full consideration of
$95,000.00. -
Grant to Gregory M. Salamida and Beth M. Salamida, the land
in Salem with the buildings thereon situated on Clifton
Avenue in said Salem, bounded and described as follows:
SOUTHWESTERLY: by Clifton Avenue, thirty-four (34) feet; -
WESTERLY: by land now or formerly of Ives and Forness,
seventy-one (71) feet; _
NORTHERLY: by land now or formerly of said David Land,
thirty-four (34) feet; and
EASTERLY: By other land or formerly of said David
Land, seventy-one (71) feet.
For title see Book 5940, Page 477.
Witness our hands and seal this.4day Of TUhp 1992
Lionel B. Miller 1Bev04rIyPqu e o
Harold S. Miller
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