13 COLLINS STREET - BUILDING JACKET I '
13 COLLINS STREET
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UPC 10330
_No. 153E bs7<uv
HASTINGS. UG_
�cuNwr CITY OF SALEM, MASSACHUSET'IgjCEOF 1 A A
BOARD OF APPEAL K,S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
a l SALEM, MA o 1970
TEL. (978) 745-9595
STANLEYBJ USOVICZ, JR. FAX (978) 740-9846 1UQ4�#AR -3 P r 31
MAYOR
DECISION OF THE PETITION OF THOMAS DORAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 COLLINS STREET R-1
A hearing on this petition was held February 18, 2004 with the following Board Members
present: Nina Cohen, Stephen Harris, Richard Dionne, Nicholas Helides and Joseph
Barbeau. 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.
The petitioner is requesting a Variance from density regulations to allow a 3rtl floor
addition for the property located at 13 Collins Street located in a R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. Petitioner Thomas Doran seeks density regulations to allow a 3 r floor addition.
2. Petitioner submitted plans showing the proposed addition
3. There was no opposition to the proposed petition.
a
DECISION OF THE PETITION OF THOMAS DORAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 COLLINS STREET R-1
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per plans 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 a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
construction.
6. Petitioner shall obtain a Certificate of Occupancy.
Variance Granted
February 18, 2004
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
date 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 is has been dismissed or denied 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.
Board of Appeal
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