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No. 153L Val.
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GODIT CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
SALEM, MASSACHUSETTS 01970
'fir J• TELEPHONE: 978-745-9595
FAX: 978-740-9846 20T 1611 _2
KIMBERLEY DRISCOLL
MAYOR
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June 2, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of SANDRA MEUSE requesting Variances from side yard setback and lot
coverage to allow for the construction of a second-floor deck at the rear of two-
family home on the property located at 19 ORCHARD STREET (Residential Two-
Family Zone).
A public hearing on the above Petition was opened on May 19, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on May 19, 2010 with the following
Zoning Board of Appeals members present: Robin Stein, Richard Dionne, Rebecca
Curran, Bonnie Belair(alternate), and Jimmy Tsitsmos (alternate).
Petitioner seeks Variances pursuant to Section 4.0 of the City of Salem Zoning
Ordinances. .
Statements of fact:
t. Sandra Meuse, owner and petitioner, presented her petition at the hearing.
2. In a petition dated May 4, 2010, petitioner requested Variances to allow for
construction of a 10'x18' deck on the second story of her two-family home.
3. No member of the public spoke in opposition or support of the petition at the
hearing.
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, since the requested dimensional relief is
minimal, the construction would still be within the required setbacks, and
no negative impacts on neighbors were anticipated.
2. The applicant may vary the terms of the Residential Two-Family Zoning
District to construct the proposed deck, which is consistent with the intent
and purpose of the City of Salem Zoning Ordinance.
2
3. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
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. Variances are granted to construct the proposed deck, as shown in the
plans submitted.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Curran, Tsitinos, Dionne and Belair) and none (0) opposed, to grant petitioner's requests
for a Variances subject to the following terms, conditions, and safeguards:.
I. 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. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited, to the Planning Board.
Robin Stein, Chair
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WIT]I 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.