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MAYOR
February 26, 2009
Decision
City of Salem Zoning Board of Appeals
Petition of KERRY MURPHY and DANIEL CEDERHOLM, seeking Variances
from minimum rear yard and minimum side yard dimensional requirements, and
maximum lot coverage, to accommodate construction of a 20' by 15' two-story
addition on the existing nonconforming single-family home on the property located
at 10 %: MALL STREET, Salem,MA, in the Residential Two-Family (R-2) Zoning
District.
A public hearing on the above petition was opened and closed on February 18, 2009
pursuant to Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board
members present: Bonnie Belair, Rebecca Curran, Richard Dionne, Annie Hams, and
Jimmy Tsitsmos.
Petitioner seeks a variance pursuant to Section 9-5 of the City of Salem Zoning By-law.
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. Daniel Cederholm presented the petition for the property he owns at 10 '/2
Mall Street in the R-2 Zoning District.
2. Petitioner proposes to construct a 20' x 15' two-story addition to his single-
family house.
3. The R-2 Zoning District requires a minimum side yard of 10 feet; a minimum
rear yard of 30 feet, and maximum lot coverage of 35%. The existing house is
nonconforming and the property has a side yard of only 6 feet on the south
side; the addition would extend the portion of the side yard that is only 6 feet
by an additional 15 feet. The lot currently has a rear yard of 25 feet and lot
coverage of 36%.
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4. The following plans were submitted with the petition: "Plot Plan of Land, 10
Y: Mall Street, Salem, Property of Daniel Cederholm, Kerry Murphy,"
prepared by Gail L. Smith, Registered Professional Land Surveyor; and "Dan
Cederholm, Kerry Murphy, 10 %x Mall Street, Salem, MA,"prepared by
Salalayko Contracting, consisting of Page 1, "Elevations," Page 2,
"Foundation & First Floor Plans," Page 3, "2"d Floor Plans," and Page 4,
"Plan, Section & Detail."
5. No members of the public spoke in opposition or support of the petition.
6. Board members asked for clarification about what the addition would contain;
petitioner stated it would contain a family room and master bedroom, with no
egress stairs from the second floor to the outside.
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:
1. The petitioner's request for a variance does not constitute substantial
detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. The petitioner may vary the terms of the Residential Two-Family Zoning
District to construct the proposed addition, which is consistent with the intent
and purpose of the City of Salem Zoning Ordinance.
4. 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
(Belair, Curran, Dionne, Hams, and Tsitsinos) none (0) opposed, to grant petitioner's
requests for a variance subject to the following terms, conditions, and safeguards:
I. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All constriction 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.
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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 doe
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.
Richard Dionne
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.
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, �F �aar� of �u�real Irv . n bss.
DECISION ON THE PETITION OF ARTHUR AND CHERYL MICHAUD FOR
A SPECIAL PERMIT Af 10'1 MALL ST. (R-2)�
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A hearing on this petition was held October 18, 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal, Vice Chairman; Edward
Luzinski and Richard Febonio. 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.
Petitioners, owners of the property, are requesting a Special Permit to
allow an existing deck in the R-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request
"or a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board
of Appeal may, in accordance with the procedure and conditions set forth in
Section VIII F and IX D, grant Special Permits for alterations and reconstruction
of nonconforming structures, and for changes, enlargement, extension or expansion
of nonconforming lots, land, structures, and uses, provided, however, that such
change, extension. enlargement or expansion shall not be substantially more
detrimental than e existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule :hat a �ecial Permit repuest may be granted -)n a finding
by the Board that the gran- ;f the Special Permit will promote t:., public health,
safety, convenience and --are of the City' s inhabitants.
The Board of Appeal, after careful consideration of the evidence cresented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition.
2. The deck will allow petitioner a more fuller use of the property.
On the basis of the above findings of fact, and on the evidence presented, the
2oard of Appeal concludes as follows:
1 . The grant of the Special Permit will promote the safety, convenience and
welfare of the City's inhabitants.
2. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating frcm the
intent of the district or the purpose of the Ordinance.
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DECISION ON THE PETITION OF ARTHUR AND CHERYL MICHAUD FOR A
SPECIAL PERMIT AT 1022' MALL ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the Salem Fire Dept.
2. All construction and dimensions be as per the plans submitted.
3. Petitioner obtain a legal building permit for the deck.
GRANTED
ichard A. Bencal, 'Dice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
r rrciil trem t'nis de-isbn, it ,rv, =_hail tre m?de corsant to =e_tion 17 of
days
Of t"'nG Ci t. e _..0 the w.I:^_ I'.rK.
Ji :he C:ty oierk t t 2J•1:.-.^
-_-.d no : 'al has Coon riled, or t'�.It, f aicil opcecl
.Lsmissoo or denied is record:a in the
of Geeds :nd index=a under ttre name or the owner c: rrocord on
is`recerced and notad on tile owner's certificate of i lire_
BOARD OF APPEAL'