7 OSBORNE STREET - BUILDING INSPECTION 48420 P4
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CITY OF SALEM, MASSACHUSETTS
a1 °' BOARD OF APPEAL
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MAYOR FILE fh
CITY CLERK, SALEM W S5.
August 27, 2014
Decision
City of Salem Board of Appeals
Petition of JOHN KONTARASIS seeking Variances from the requirements for maximum lot
coverage of all buildings, minimum width of side yard, and minimum depth of rear yard of Sec. 4.1.1
Table of DimensionalRequiremants of the Salem Zoning Ordinance, to allow the construction of a
38-foot by 25-foot garage at the property located at 7 OSBORNE STREET {112 Zoning District}.
A public hearing on the. above Petition was opened on July 16, 2014 pursuant to M.G.L Ch, 40A, 11. The
hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran
(Chair),Mr. Duffy, Mr. Watkins, and Mr. Copelas (Alternate).
The Petitioner seeks Variances from the requirements for maximum lot coverage of all buildings, m nimum
width of side yard, and tninimum depth of rear ,yard of Section 4.1.1 Table of Dimensional Reyurremenis of the
Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped June 18,2014, the Petitioner requested Variances in order to construct a
38-foot by 25-foot garage.
2. Mt,John Konta.tasis presented the petition.
3. 'There is an existing foundation from a previous garage structure that was on the property, but was
removed around 1959. The applicant wishes.to re-use the existing foundation for the new garage
structure.
4. The property is in use as a two-family residence.
5. The requested relief, if granted, would allow the Petitioner to construct a garage on the existing 38
footby 25-foot foundation.
6. At the public hearing,one member of the public spoke in favor of the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough re-6cw of the petitions, including die application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings: '
i. 'The size of the lot and the location and size of the existing garage foundation are unique conditions.
Owing to these unique conditions, literal enforcement of the provisions of the Ordinance would be a
substantial hardship.
2. 1lie desired relief may be granted without substantial detriment to the public good.
City of Salem Beard of Appeals
August 27, 2414
Project: 7 Osborne Street
Page 2 of 2
3. The desired relief may be granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Mr. Watkins, Ms. Curran, Mr. Copelas and Mr. Duffy in favor) and none (0) opposed, to giant the
requested V,-tdances from the requirements for maximum lot coverage of all buildings, minimum width of
side yard, and minimum depth of rear yard, to allow the construction of a 38-foot by 25-foot garage subject to
the following terms, conditions, and safeguards:
I. The 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 fin sbes of new construction shall be in harmony with the existing structure.
6, A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not:limited to, the Planning Board.
9. The proposed garage shall be built upon the existing 38-foot by 25-foot. foundation. The Building
Inspector shall verify, that the existing foundation is in suitable condition for re-use in construction of
the garage. If the existing foundation is not adequately sound, the applicant shall apply to the Board
of Appeals to seek any necessary variances for construction of a garage on the property.
10. The garage shall remain as an accessory use to the primary residence on the property, and shall not be
used for business purposes.
' c a C NYZ&^ 1�5lt-,
Rebecca Curran, Chair.
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THF,PLANNING BOARD AND THE CITY CLERK
Appeal from this dedsion, ff ary, shall be made pursuant eo.Sectinn 17 of the Marsaa'bmils Ganeral.Laws Chapter 40A.and shall Fie filed w1hin 20
daP of flmg of this dermon in the ire of the City Clerk.. Purruant to the Ma.tracharells General Lams Cbapter 4013, Section 11, the Variance or
Special Permit granted herein shall not fake eNert until a copy of the decision bearing the rent fiewe a_f the Czry Clerk has been filed with the Essex South
Regutry of Deeds.