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Nin' CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON SIRFF-D ♦ SALGAL MASSACHUsErts 019
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Ki M11FALR.Y DAiscol.]. FILE #
MAYOR CITY CLERK, SALEM,MASS.
October 25, 2012
Decision
City of Salem Zoning Board of Appeals
Petition of MARYANN KOCUR requesting a Special Permit to extend a nonconforming
two-family home with the addition of third-floor dormers on the property located on'7_'�
V_MARCH STREET,CT (R2 Zoning District).
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A public hearing on the above Petition was opened on October 17, 2012 pursuant to Mass General
Law Ch. 40A, § 11. The hearing was closed on October 17, 2012 with the following Zoning Board
of Appeals members present: Rebecca Curran (Chair), Bonnie Belair,Jimmy Tsitsinos, and Richard
Dionne.
Petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped September 24, 2012, petitioner requested a Special Permit to
construct a third-story dormer on the property located at 7.March Street Court.
2. At the hearing the owner and petitioner, Maryann Kocur, presented the petition.
3. At the hearing, no member of the public spoke in favor of or against the project.
The Board of Appeals, 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. Desirable relief may be granted without detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of the zoning ordinance, since the
proposal is in keeping with the neighborhood and the relief requested is minimal. The Board
finds that the project will have no adverse effect on the neighborhood or the city that would
outweigh its beneficial impacts.
2. In permitting such change, the Board of Appeals requires certain appropriate conditions and
safeguards as noted below.
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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 voted four
(4) in favor (Curran, Dionne,Tsitsinos and Belair) and none (0) opposed, to grant the requested
Special Permit. A Special Permit under Section 3.3.5 is granted to allow for the proposed addition
as shown on the submitted plans.
The Board of Appeals voted to grant petitioner's request for a Special Permit subject to the
following terms, conditions, and safeguards:
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 the new construction shall be in harmony with the existing structure.
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.
Rebecca Curran, Chair
Salem 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.