36 MARCH STREET - BUILDING INSPECTION T 36 MARCH STREET
r
CITY OF SALEM, MASSACHUSETTS
F.
BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
SALEM, MASSACHUSETTS 01970' -
��jr TELEPHONE. 978-745-9595
INE o�` FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
August 23, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of TERRYANNE ST. PIERRE requesting Variances from side and front yard
setbacks in order to replace an existing deck with a larger, 8'x10' deck on the property
on 36 MARCH STREET (R-2).
A public hearing on the above Petition was opened on August 17, 2011, pursuant to
Mass General Law Ch. 40A, § 11. The hearing was closed on,that date with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair), Annie Harris, Jamie
Metsch, Jimmy Tsitsinos (alternate) and Bonnie Belair (alternate).
Petitioner seeks Variances under Sections 4.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. George Fallon presented the petition on behalf of his wife, Terryanne St. Pierre.
2. In a petition date-stamped August 3, 2011, petitioner requested relief from front
and side yard setbacks in order to remove an existing deck and replace it with a
larger one.
3. No member of the public opposed or supported the petition at the August 17,
2011 meeting.
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. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or Substantially derogating from the
intent or purpose of the zoning ordinance.
2. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
2
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. Dimensional Variances under Sec. 4.1 are granted to construct the proposed
deck.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Curran, Metsch, Harris, Tsitsinos and Belair) and none (0) opposed, to grant petitioner's
request for Variances 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. A Certificate of Inspection is to be�obtained.
6. 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.
,. Vtv of 'Sttlem, 'Mttssuchusetts
r s Poarb of �"Jeal
DECISION ON THE PETITION OF RONALD & PAMELA JALBERT
FOR A SPECIAL PERMIT AT 36 MARCH ST. , SALEM
A hearing on this petition was held November 13, WB tl�e wing Board .
Members present: James Hacker, Chairman; Messrs. , a hi r, '''' u in i, Strout j
and Associate Member Bencal, Acting Secretary. NAttcf 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 Mas sac husetC0lLmMj-ttLG9.M"V&pter 40A.
Petitioners, owners of the property, are requesting a Special Permit to allow
construction of a stairway which will encroach on the side yard setbacks in
this R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for 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 the
existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant: of the SpecialPermitwill promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented and
after viewing the plans, makes the following findings of fact:
1 . The current stairway is narrow, steep, dangerous and
encumbersome;
2. A petition was submitted signed by all abutters and most
neighbors in favor of the petitioner's plan;
3. There was no opposition;
4. Petitioner has invested considerable time and money to upgrade
and improve said property and locating stairs in said area is
most appropriate.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:'
1 . The Special Permit requested can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of the Ordinance;
2. The Special Permit requested will promote the public health, safety,
convenience and welfare of the City's inhabitants.
DECISION ON THE PETITION OF RONALD & PAMELA JALBERT
FOR A SPECIAL PERMIT FOR 36 MARCH ST. , SALEM
page two
Therefore, the Zoning Board of Appeal vcted unanimously 5-0 to grantthe
relief requested on condition all work be in accordance with plans submitted.
SPECIAL PERMIT GRANTED
ames B. Hacker, Chairman
A COPY OF PHIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK j
APPEAL F°Of1 TE'S DEC!S'ION, IF ANY, SHALL BE CIAOE PURSUANT TO SECTION 17 OF THE
PF L L i8 DI 'LR &2 XC) SHz[l BE FiLEO 1'/,: -II 'C DAYS AFTER THE DATE OF FILIa]
GF L , D.CiS ,! I,: THE OFFICE OF THE CIT' CLERK.
TO h;ASS GENERAL Uv S. C'!APTE' SO.", SECTL"dd 11, THE VAQWICE OR SPE"AL PERG!IT '
i.R D HP':_IN SHALL N71, TALE EFFECT UNTIL P. COPY 0; THE P� '?, E'E4"❑ IHE C'ZT
F{ i OP, OF 7HL CIT! CLERA THA' K DAYS HAYE ELAPSED AI:D N.i APPEAL HAS BE FILED,
OR THAT, IF SUCH .A! APPEAL HAS BEEN F,LE, THAT IT HAS BEEI1 DIS-.:SSED CH EE:iiEO IS - -
RECOR'DED Ili THE S�UiH ESSEX RE31SIRf OF DEEDS AND INDEXED UNDER THE i4A'SE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE Oih'NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
Date February 6, 1986
hereby certify that 20 -da' have expired
from the date this instrument was received,
and that NO APPEAL has_46en.,fled in this
office. ^ ,
A True; Copy
ATTE'U
!T CL' , Salem, mass.
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Professional Land Surveyors Et Civil Engineers
ESSEX SURVEY SERVICE. 1958 - 1986
OSBORN PALMER 1911 - 1970
I BRADFORD 8 WEED 1885 - 1972
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DATE: jk f/ Zl� zo// CHRISTOPHER
REFERENCE: BK PG t��AA 26 30T �77 j :i ca MEuo
stopher R. Mel ao31i�I77
104 LOWELL STREET
PEABODY, MASS. 01960
(978)531-8121
FAX:1978) 531-5920