9 WINTER ISLAND ROAD - BUILDING INSPECTION 9
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BOARD OF APPEAL
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August 28, 2012 ca .�
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Decision
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City of Salem Zoning Board of Appeals i
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Petition of RYAN MCSHERA(PITMAN &WARDLEY ARCHITECTS) requesting a V-fiancgvom
the maximum number of stories allowed in order to build a 2-story addition on the single-
family home at 9 WINTER ISLAND RD(R-1 Zoning District).
A public hearing on the above Petition was opened on August 15, 2012 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on August 15, 2012 with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair), Michael Duffy, Jamie
Metsch, and Bonnie Belair.
Petitioner seeks a Variance pursuant to Section 4.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped August 1, 2012, petitioner requested a Variance from
number of stories in order to construct an addition containing a third story, where a
maximum of 2 '/: stories is allowed.
2. Petitioner was represented by Attorney William Quinn at the hearing.
3. At the hearing, no one spoke in favor of or in opposition to the petition. The Board
received one letter in support of the project from William J. Wharff, 11R Winter Island
LLC.
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Board of Appeal, after careful consideration of the evidence presented at the public
ing, and after thorough review of the plans and petition submitted, makes the following
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1. Desirable relief maybe granted without detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance,
since the proposed renovation to the house is in keeping with the character of other houses
in the neighborhood. The Board noted that care was taken to avoid impacting views of
neighbors.
2. Special conditions and circumstances exist affecting the parcel or building, which do not
generally affect other land or buildings in the same district. Owing to the size and shape of
the lot, as well as the location of the front and side yard setbacks, and the 100-foot coastal
bank buffer zone on the property, developing horizontally would have been more difficult,
and so literal enforcement of the provisions of this ordinance would involve substantial
hardship,financial or otherwise, to the appellant.
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
voted four(4) in favor(Curran, Metsch, Belair, and Duffy) and none (0) opposed,to grant the
requested Variance. A Variance under Section 4.1 is granted to allow for proposed addition to
the house as shown on the submitted plans (dated August 15, 2012).
The Board of Appeals voted to grant 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 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.
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5. A Certificate of Occupancy is to be obtained.
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6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
7. Unless this Decision expressly provides otherwise, any zoning relief granted doe
not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty
2
percent (50%) of its floor area of more than fifty percent (50%) of its
replacement cost at the time of destruction. If the structure is demolished by
any means to an extent of more than fifty percent (S0%) of its replacement cost
or more than fifty percent (50%) of its floor area at the time of destruction, it
shall not be reconstructed except in conformity with the provisions of the
Ordinance.
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Michael Duffy, Member
Salem Board of Appeals
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.
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Unofficial Property Record Card http://salem.patriotproperties.com/RecordCard.asp
Unofficial Property Record Card - Salem, MA
General Property Data
Parcel ID 44-0020-0 Account Number
Prior Parcel ID 11--
Property Owner LILLO SANDRAL. Property Location 9 WINTER ISLAND ROAD
Property Use One Family
Mailing Address 5 GUILD ROAD Most Recent Sale Date 111411998
Legal Reference 15216-168
City SAUGUS Grantor PECEVICH ANN,
Mailing State MA ZIP 01906 Sale Price 0
ParcelZoning R1 Land Area 1.683 acres
Current Property Assessment
Xtra Features
Card 1 Value Building Value 176,800 Value 0 Land Value 396,700 Total Value 573,500
Building Description
Building Style Ranch Foundation Type Concrete Flooring Type Hardwood
#of Living Units 1 Frame Type Wood Basement Floor LinoMnyl
Year Built 1953 Roof Structure Hip Heating Type Forced HM
Building Grade Average Roof Cover Asphalt Shgl Heating Fuel Oil
Building Condition Average Siding Clapboard Air Conditioning 0
Finished Area(SF)2015.4 Interior Walls Drywall #of Bsmt Garages 0
Number Rooms 5 #of Bedrooms 3 #of Full Baths 1
#of 314 Baths 0 #of 112 Baths 1 #of Other Fixtures 0
Legal Description
1 oft 11/15/20164:01 PM
Unofficial Property Record Card http://salem.patriotproperties.com/RecordCard.asp
Narrative Description of Property
This property contains 1.683 acres of land mainly clasWfled as One Familyvdth a(n)Ranch style building,built about 1953,having Clapboard
exterior and Asphalt Shgl roof cover,with 1 unit(s),5 room(s),3 bedroom(s),1 bath(s),1 hall bath(s).
Property Images
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Disclaimer:This information is believed to be correct but is subject to change and is not warranteed.
2 of 2 11/15/2016 4:01 PM
Commonwealth of Massachusetts
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City of Salem
° 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 �
° 2 PERMIT REPORT BY ADDRESS
Address: 9 WINTER ISLAND ROAD
PIN Permit For Parcel ID Occupancy Type Building Type Work Description Construct. Fee Paid
Cost
B-2005-0189 REPAIR/REPLACE 44-0020 Residential Single Family 191-05 REPLACE ONE WINDOW 3800 25
TJS
B-2008-0065 REPAIR/REPLACE 44-0020 Residential Single Family REPAIRS TO SEAWALL 5000 40
Total Permits: 2 8800 65
1 of 1
GATE OF PERMIT I PERMIT NO. I OWNER _ � I LOCATION
DWELLING MATERIAL DIMENSIONS NO.OFSTORIES I NO.O FFAMILIES WARD I BUILDER - COST
L I /
POCKET FOLDER
OTHER BLDGS. I MATERIAL DIMENSIONS NO.OF STORIES BUILDER
PLAN NO.SHEEP:
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