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Legal Notice
CITY OF SALEM
1 BOARD OF APPEAL
If 978-745.9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by TIMOTHY & DENNIS ,
CAMPBELL is seeking a Variance
from number of stories allowed (2
V2)to construct a third floor dormer
for the property located at 8
MESSERVY STREET R-2. Said hear-
ing will be held on WEDNESDAY,
NOVEMBER 15, 2006 at 6:30 P.M.,
120 Washington Street, 3P°FLOOR,
ROOM 313.
NOVEMBER 1 &8,2006 -
Nina Cohen,Chairman
SN-11/1,11/8106
as r CITY OF SALEM, MASSACHUSFT716 SALCM._ MA
BOARD OF APPEAL CLERK'S OFFICE
• 120 WASHINGTON STREET. 3RO FLOOR
' t SALEM. MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 Mb NOV 21 P 2- 16
KIMBERLEY DRISCOLL
MAYOR
DECISION ON THE PETITION OF TIMOTHY AND DENNIS CAMPBELL
REQUESTING A VARIANCE FROM NUMBER OF STORIES TO CONSTRUCT
A THIRD FLOOR DORMER FOR THE PROPERTY LOCATED AT 8
MESSERVY STREET R-2 DISTRICT.
A hearing on this petition was held on November 15, 2006 with the following Board
Members present: Richard Dionne, Acting Chairman, Stephen Pinto, Elizabeth Debski,
Annie Harris and Bonnie Belair. 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 petitioners are requesting a Variance from number of stories to allow a third floor
dormer for the property located at 8 Messervy Street located in an R-2 zone.
The Variance, which has 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 plans, makes the following findings of fact:
1. The Petitioners Timothy and Dennis Campbell are the owners of the property
located at 8 Messervy Street.The property is located in an R-2 District.
2. The Petitioners requested a Variance to construct a third floor dormer for the
property that they are renovating.
3. Petitioner's applied for a permit for the renovation but did not know that they had
to apply and be granted a Variance for the dormer.
I
4. The Building Inspector stopped the Petitioner's on their work on the dormer. The
dormer was weatherproofed until the Board made a decision on the request for a
Variance.
5. There were no abutters that came to speak in favor of or in opposition to the
petition.
6. Granting such variance will not be contrary to the public interest. Owning to
special conditions, a literal enforcement of the provisions of the Zoning By-Law
would result in unnecessary hardship.
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 the
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
Variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted 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 shall be obtained.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction,but not limited to the Planning Board.
8. Petitioner shall obtain proper street numbering from the City of Salem Assessor's
Office and shall display said number as to be visible from the street.
9. 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 cost. 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 Bonnie Belair
November 15, 2006 Board of Appeal
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 date of filing of this decision in the office of the City Clerk
Pursuant to 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 that 20 days
have elapsed and no appeal has been filed,or that,if such appeal has been filed,that is has been dismissed
or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal