boa_5_hardy_street_stamped_decision 4_25_2018 rl CITY OF SALEM, MASSA SETTS
PR 2 Pitr
BOARD OF APPE
120 WASHINGTON STREET♦ SALEM,MASSACHUS"O° MASS
KIMBERUY DRISCOLL TELE:978-745-9595♦ FAx:978-740-9846
MAYOR
April 25, 2018
Decision
City of Salem Board of Appeals
Petition of THEODORE and BARBARA WARREN, requesting a Variance per Sec. 3.2.4 Accessory Buildings
and Structures to allow the petitioner to exceed the maximum floor area of an accessory structure at 5 HARDY
STREET (Map 41 Lot 26)(R-2 Zoning District).
A public hearing on the above Petition was opened on March'28,2018 pursuant to M.G.L Ch. 40A, § 11 and
was continued to April 18,2018 and closed on that date with the following Salem Board of Appeals members
present:Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos,Paul Viccica,Jim Hacker and Chris Drucas.
The petitioner is seeking a Variance per Sec. 3.2.4 Accessory Buildings and Structures to allow the petitioner to
exceed the maximum floor area of an accessory structure.
Statements of fact:
1. In the petition date-stamped January 30, 2018, the Petitioner requested a Variance per Sec. 3.2.4
Accessory Buildings and Struamrs to allow the petitioner to exceed the maximum floor area of an
accessory structure.
2. Barbara Warren,petitioner,presented the petition.
3. The petitioner is requesting a Variance per Sec. 3.2.4 Accessory Buildings and Structures to allow the
petitioner to exceed the maximum floor area of an accessory structure.
4. The property is located in an R-2 Zoning District.
5. The property had an outbuilding that was 800 square feet and two (2) feet from the rear yard setback,
two (2) feet from the left side setback and five and a half(5.6� feet from the right side yard setback.
This building was razed and a 140 square foot shed was placed along the far right back corner of the
property.
6. The existing 140 square foot shed was significantly deteriorated and subsequently razed and replaced
with a new shed by the current property,owner.The petitioner constructed a 192 square foot shed to
replace the deteriorated 140 square foot shed. The shed meets all of the R105.2 work exempt from
permit requirements,but does not meet the dimensional requirements of the Salem Zoning
Ordinance for an accessory building or structure.
7. The Salem Zoning Ordinance allows an accessory building or structure to not be more than 120
square feet.
8. The requested relief, if granted, would allow the petitioner to exceed the maximum floor area of an
accessory structure.
City of Salem Board of Appeals
April 25,2018
Project:5 Hardy Street
Page 2 of 2
9. At the public hearing, no members of the public spoke in support and one (1) member of the public
spoke in opposition to the petition.
10. The Board discussed the merits of Variance request,including the financial hardship presented.
11. The petitioner requested to withdraw the application without prejudice.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)(Peter
A. Copelas(Vice- Chair),Jimmy Tsitsinos, Mike Duffy, Chris Drucas and Jim Hacker and none (o) opposed,
to allow the petitioner to withdraw the application without prejudice.
THE PETITION IS WITHDRAWN WITHOUT PREJUDICE.
.J
Peter A. Copelas (Vice-(Zhair)
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fmm 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 ftling of this decision in the ofce of the City Clerk. Pursuant to The Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permitgranted herran shall not take eeect until a copy of the decision bearing the cerT�ate of the City Clerk has been filed with the Essex South
Registry of Deeds.