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` cusrnr . o CITY OF SALEM, MASSACHUSETTS
T Tm BOARD OF APPEAL
120 WASHINGTON STREET, 3R0 FLOOR
SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
1�
November 2, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of THREE SONS WINDOW & DOOR INC. requesting a Variance from number of
stories and a Special Permit to extend a nonconforming structure In order to construct
a shed dormer on the house located at 25-25% BARR ST(R-2).
A public hearing on the above Petition was opened on October 19, 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 (chair), Richard Dionne,
Jamie Metsch and Bonnie Belair (alternate).
Petitioner seeks a Variance pursuant to Section 4.1 and a Special Permit pursuant to
Section 3.3.5 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Peggy Arend of Three Sons Window & Door Inc. presented the petition.
2. In a petition date-stamped August 31, 2011, petitioner requested a Special
Permit to extend a nonconforming structure and a Variance from Section 4.1 of
the Salem Zoning Ordinance, in order to construct a third-story shed dormer on
the existing two-family house located on 25-25 % Barr Street.
3. At the hearing, no one spoke in opposition to or in support of the petition.
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. 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, since the house was
preexisting, and neither the footprint nor the height will increase.
2. 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 Sections 4.1 (Table of Dimensional Requirements) and a
Special Permit under Section 3.3.5 of the Salem Zoning Ordinance are
granted to allow the construction of the shed dormer as shown on the
submitted plans.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor
(Curran, Metsch, Dionne and Belair) and none (0) opposed, to grant petitioner's request
for a Variance and Special Permit 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.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
8. Unless this Decision expressly provides otherwise, any zoning relief
granted does 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 percent (50%) of its floor area or 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 (50%) 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.
9. The house is to remain a two-family house.
Rebecca Curran, Chair
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.
Nov 8 2 56 FN %
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poarb of Appeal WTV OLERI..SALEM. M&aS.
DECISION ON THE PETITION OF BARBARA B. BENT FOR VARIANCES
AT 25-25 BARR T. (R-2)
A hearing on this petition was held October 26, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting and
Associate Member LaBrecque. Notice of the hearing was sent to abutters and others
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting Variances from side line setback
to allow the continued existance of a 10' x 24' raised deck in this R-2 zone.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . No support or opposition was voiced or presented;
2. The deck could only be constructed in this area;
3. Petiitoners relied upon the expertise and assurance of a contractor
in building this deck.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property and not"
the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve a
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good or without nullifying or substantially derogating from the intent
of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF BARBARA B. BENT FOR VARIANCES
AT 25-251 BARR ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Petitioner comply with the Salem Fire Department regulations relative to
smoke and fire safety;
2. All dimensions and construction be as per the plans submitted;
3. A legal building permit for the deck be obtained.
GRANTED
Richard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A^Peel, FROM THIS DECISION, IF A'!Y. !'a'Ll F: "A-'- P-,"S:'ANT TO SECTION 17 OF THE MASS.
-AVIS. CHAPTER 808. A`I '-!i — OA6 AFTER THE DATE OF FILING
-IIS!ON IN THE OFFiEE
—%SS. GENERAL LAWS. C. '. THE VARIANCE OR SPECIAI� PERb:IT
SHALL NOT TAKE EFF-,i : .•- .._ _ .GPJN, BEARING THE CEP;T-
H_ CITY CLERK THAT 20 DA, i;. f^P=AL HAS BEEN FI_ED.
AN APPEAL HAS BEEN :, O ".'ISGED OR DENIED IS
SOUTH ESSEX REGISFR: ANN) INDEXED UNDER THE NAME OF THE OWNER
„ n.. �R U RECORDED AND NOTED ON,THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL -
APPEA! FP— THIS DE^.ISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF TH
CERERAL LASS CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS ALTER THE D.STE
6F T!11S -CIS ON IN THE OFFICE OF THE CITY CLERK.
FJL_
. -, .: ,SS. US;EF=.: La',r; CHAPTER 808. SECTION 11, THE VARIANCE CGS , -
':F. E'I E�7 UNTIL A C2P'f OF Tr'c LEGISIN _ '-
F(:;TiC'; Cri CLE6.< THA' 20 DAYS HAVE ELAN-'ED ANO NO .APPu;L H'S
... iF SJi,ii Aii FF'E HAS BEEN FILE. THAT IT HAP BEEN DI Si.IISSED CP. C'':: _.
R .eLE
IN THE SOJTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE
�
OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE 1"11
BOARD OF APPEAL