43R WALTER STREET - BUILDING INSPECTION a
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
y {` + I�,yp' SALEM, MASSACHUSETTS O 1970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
July 10, 2007
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Decision
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Petition of Donna Matarazzo Requesting a Variance o
for the Property at 43R Walter Street �'
City of Salem Zoning Board of Appeals T
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A public hearing on the above petition was opened on June 20, 2007 pursuant to C:) v
Massachusetts General Laws Ch. 40A, §§ 10 and l land the City of Salem Zoning
Ordinance. The following members of the Salem Zoning Board of Appeals ("Zoning
Board of Appeals")were present: Robin Stein (Chairperson), Elizabeth Debski, Richard
Dionne and Steve Pinto.
The petitioner, Donna Matarazzo ("petitioner"), sought a variance from the 2 % stories
allowed under the existing zoning ordinance to allow a third floor dormer for real
property at 43R Walter Street, Salem, located within a two-family residential (R-2)
zoning district.
The Zoning Board of Appeals, after careful consideration of the evidence presented at the
public hearing, and after thorough review of the petition submitted, submits the following
findings of fact:
1. Petitioner's property is a single-family dwelling within a two-family
residence district.
2. Petitioner sought a variance from the maximum 2 % stories allowed under
the existing zoning ordinance to allow for the construction of a
third floor dormer that is 29 feet in width. The variance will enable the
petitioner to construct three bedrooms and possibly a bathroom.
3. Arnold Nadler of 43 Walter Street spoke in favor of the variance.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to the petition, the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request for a variance does not constitute substantial
detriment to the public good nor does the requested relief nullify or
substantially derogate from the intent or purpose of the zoning ordinance.
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2. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
3. In permitting such change, the Zoning Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
In consideration of the above, four(4) members (Stein, Debski, Dionne and Pinto) of the
Salem Zoning Board of Appeals voted to grant the petitioner's request for a variance, and
zero (0) members voted to deny the petitioner's request for 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
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 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 occupancy shall be obtained.
7. If necessary,petitioner shall obtain proper street numbering from the City
of Salem Assessor's office and shall display said number as to be visible
from the street.
8. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
9. Unless this decision expressly provides otherwise, any zoning relief
granted does not authorize petitioner to demolish or reconstruct any
structures(s) on the property to an extent greater than 50% of the structure
as measured by floor area or replacement cost. If a structure on the
property is demolished by any means to an extent of more than fifty
percent of its replacement cost or more than fifty percent of its floor area
at the time of destruction, it shall not be reconstructed except in
conformity with this Ordinance.
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Robin Stein
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH 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 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 that 20 days have elapsed and no appeal has been filed, or that, if
such appeal has been filed,that it has been dismissed or denied and is recorded in the South Essex
Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on
the owner's Certificate of Title.