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55 TREMONT STREET - BUILDING INSPECTION (2) �.�o.�"�d��-s� r ticnrnrrr.,f CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET. 3Ro FLOOR SALEM, MASSACHUSETTS O 1970 TELEPHONE: 978-745-9595 "'+NrIVE 0< FAX: 978-740-9846 KIMBERLEY DRISCOLL �} ' '�I .'� ��: 9� MAYOR May 4, 2011 Decision City of Salem Zoning Board of Appeals Petition of MARC BOUCHARD requesting a Variance from minimum side yard setback and a Special Permit to extend a nonconforming structure in order to construct a breezeway on the property located at 55 TREMONT ST. (R-1). A public hearing on the above Petition was opened on April 20,2011, 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, Elizabeth Debski, Richard Dionne, Annie Harris,Jamie Metsch, and Jimmy Tsitsinos (alternate). Petitioner seeks a Variance pursuant to Section 4.0 and a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning Ordinances. Statements of fact: 1. The petitioner represented himself at the hearing. 2. In a petition date-stamped March 30,2011,the petitioner requested a Variance from required side yard setback and a Special Permit to construct a breezeway on the side of the two-family home located at 55 Tremont Street. 3. The petitioner noted at the April 20,2011 meting and in his application form that the breezeway was proposed to accommodate a disabled member of the household. 4. Also at the hearing, the Building Commissioner noted that the side yard setback relief was necessary because of the unusual shape of the lot. 5. No member of the public spoke in support or opposition 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. Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other Land or buildings in the same district; the petitioner's lot has an unusual shape. t 2 2. Owing to the unusual shape of the petitioner's lot, literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant. 3. 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. 4. 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. A Variance from side yard setback requirements of Section 4.0 of the Salem Zoning Ordinance is granted. 2. A Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance to extend a nonconforming two-family house is granted. In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Debski, Harris, Curran, Dionne and Metch in favor) and none (0) opposed,to grant petitioner's request for a Special Permit and a Variance 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. Rebecca Curran, Chair Salem Board of Appeals r 3 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.