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Commonwealth of Massachusetts
� ¢ City of Salem
120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641
Return card to Building Division for Certificate of Occupancy
Permit No. B-16-839 PERMIT T O BUILD
FEE PAID: $70.00
DATE ISSUED: 8/2/2016
This certifies that LAVOIE GARY ROSATI ANN M
has permission to erect, alter, or demolisha_building:33_NURSERY STREET Map/Lot: 270183-0
as follows: Other Building Permit I CONSTRUCT ONE-STORY ADDITION A.BREEZEWAY TO INCREASE
THE SIZE OF MY KITCHEN PER ZBA DECISION
Contractor Name: I __
DBA:
Contractor License No:
8/2/2016
It _Building Official Date
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official
may grant one or more extensions not to exceed six months each upon written request.
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted.
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All construction,alterations and changes of use of any;building and structures shall be in compliance with the local zoning by-laws and codes.
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This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open+for public inspection for the entire duration of the
work until the completion of the same. '
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The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials-are provided on this permit.
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H IC#: 'Persons contracting with unregistered contractors do not have access to the guaranis fu nd'(as set forth in MGL c.142A).
Restrictions:
Building plans are to be available on site.
All Permit Cards are the property of the PROPERTY OWNER.
Commonwealth of Massachusetts
Citv of Salem
120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641
Return card to Building Division for Certificate of Occupancy U'R
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LEN PERMIT TO BE POSTED IN THE WINDOW
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Footing INSPECTION RECORD
Foundation
Framing
Mechanical
Insulation INSPECTION: I BY DATE
Chimney/Smoke Chamber 1
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Plumbing/Gas I 1
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CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01
YiNmERLEYDRiscoLL TFLE:978-745-9595 ♦ FAX:978-740-9846 �O NOV -14 P 12: 01
MAYOR
FILE ft
CITY CLERK, SALEM.MASS
November 4, 2015
Decision
City of Salem Board of Appeals
Petition of GARY and ANN LAVOIE seeking a Variance requesting relief from Sec. 4.1.1 Table of
Dimensional Requirements of the Salem Zoning Ordinance from minimum side yard setback to allow the
construction of a 6'x 10'one-story addition at the property of 33 NURSERY STREET (Map 27 Lot 183)
(R2 Zoning District).
A public hearing on the above Petition was opened on October 21,2015 pursuant to M.G.L Ch. 40A, § 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Rebecca
Curran (Chau), Peter A. Copelas,James Tsitsinos,Mike Duffy,Jim Hacker (alternate)).
The Petitioner seeks a Special Permit from the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the
Salem Zoning Ordinance from minimum side yard setback to allow the construction of a 6' x 10' one-story
addition.
Statements of fact:
1. In the petition date-stamped September 22, 2015, the Petitioner requested a Variance per Sec. 4.1.1
Table of Dimensional Requirements of the Salem Zoning Ordinance from minimum side yard setback to
allow the construction of a 6'x 10'one-story addition.
2. The petitioners, Gary and Ann Lavoie presented the petition.
3. The petitioner proposes to construct a 6' x 10' one-story addition within five (5) feet of the required
ten (10) feet from the side yard property line.
4. The existing building on the property is located within three (3) feet of the property line with a side
porch. The proposed addition is a breezeway that will be located on the existing porch and not extend
beyond the existing deck.
5. The requested relief,if granted,would allow the petitioner to construct a 6'x 10' one-story addition.
6. At the public hearing, no (0) members of the public spoke in support and no (0) members spoke in
opposition to the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, makes the following
findings:
Findings for Variance:
1) Special conditions and circumstances that especially affect the land, building,or structure involved,
generally not affecting other lands, buildings and structures in the same district in that there is an
existing building located in the side-yard setback and there is a deck and the new structure would be
on top of the existing structure.
City of Salem Board of Appeals
November 4,2015
Project:33 Nursery Street
Page 2 of 2
2) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant.
3) Desirable relief may be granted without substantial detriment to the public good, and without
mollifying or substantially derogating from the intent of the district or the purpose of the ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Rebecca Curran (Chair), Peter A. Copelas,James Tsitsinos,Mike Duffy,Jim Hacker (alternate) and none (0)
opposed, to approve Variance requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem
Zoning Ordinance from minimum side yard setback to allow the construction of a 6'x 10' one-story addition
subject to the following terms, conditions and safeguards:
Standard Conditions:
1. Petitioner shall comply with all city and state statues, 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 finished 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
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FUR WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal firm this derision, if any, shall he made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed within 20
days of fi4ng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Spedal Permit granted herein shall not take effect until a copy of the ded.non bearing the certificate of the City Clerk has been filed Hath the Essex South
Registry of Deeds.
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N/F
STROUT
2'3
50'
SHED
N/F
YORK
LOT 40
5000±S.F.
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0
N/F eser PROPOSED 1 STORY ADDITION
RYAN
N/F
10 MCLAUGHLIN
2 STORY
SINGLE FAMILY
#33 Y.
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CD 50'
33 NURSERY ST
PLAN COMPILED FROM VISUAL FIELD INSPECTION,SALEM GIS MAPPING,SALEM ACCESSORS DATABASE AND MORTGAGE
INSPECTION CERTIFICATE PREPARED BY REID LAND SURVEYORS DATED FES 28,2001, PLAN DOES NOT INCLUDE
LANDSCAPE,DRIVEWAYS,FENCES OR OTHER SITE FEATURES.
LAVOIE RESIDENCE SCALE 1"=20'
33 NURSERY ST DATE SEPT 16, 2016
SALE r; ASSACIL1USETTS BOOK: 10237
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EAST ELEVATION
PROPOSED 1 STORY ADDITION
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SOUTH ELEVATION
=NURSERY
NCE SCALE 1° = 10'
DATE SEPT 16, 2016