21 EAST COLLINS STREET - BUILDING JACKET 1
21 East Collins St.
I
IN
No. 153L-2
HASTINGS. MN
LOS ANGELES-CHICAGO-LOGAN.OH
MCGREGOR.TX•LOCUST GROVE.GA
U.S.A.
r CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL l i l r
rsi 'y, 120 WASHINGTON STREET, 3RD FLOOR OLFRy�•"" M MA
E
taa SALEM, MA 01970 S OFFICE
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. LIS VICZ, .JR. 1001 AP8 -2 pMAYO �.
DECISION OF THE PETITION OF PHILIP BEDARD REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 21 EAST COLLINS STREET R-1
A hearing on this petition was held March 20, 2002 with the following Board Members
present: Nina Cohen, Richard Dionne, Nicholas Helides, Bonnie Belair and Stephen
Harris. 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 side yard setback to expand the kitchen for
the property located at property located at 21 East Collins Street R-1
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 substantialdetrimentto 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. The Petitioner appeared before the Board and presented plans for the proposed
renovation.
2. Petitioner would like to expand his kitchen.
3. There was no opposition to the proposed petition.
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 in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
DECISIION ON THE PETITION OF PHILIP BEDARD REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 21 EAST COLLINS STREET R-1
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 5-0, 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 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 a building permit prior to beginning any construction.
5. Existing finishes of the new structure shall be in harmony with the existing structure.
VARIANCE GRANTED
MARCH 20, 2002
Bonnie Belair
Board of Appeal
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 after the
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
Ir
(:itl7 of �&ttlrm, 41jassZIC1TIISetta M0 "'
Cn
c >" Board of �upeul c
?
mn
W co
N N
DECISION_ ON THE PETITION OF PHILIP BEDARD FOR A SPECIAL PERMIT AT 121 EAST
COLLINS STREET
A hearing on this petition was held July 22, 1992 with the following Board
Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish Jr. , Stephen Touchette, 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 a Special Permit to extend
a nonconforming structure to allow construction of a second floor this R-1
district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
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. There was no opposition to this petition by neighbors or abutters.
2. The granting of the Special Permit would enhance the quality of life
for the petitioner and family
3. The impact of this addition is extremely minimal.
. ... . _.....
mo w
::o T
I 7�N
01
<n a W
r
PETITION OF PHILIP BEDARD FOR A SPECIAL
PERMIT AT 21 EAST COLLINS ST. , SALEM ;
page two nn
n ry
4 . The addition of a second floor is in harmony with the abutting homes
and the neighborhood.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1 . The Special Permit requested 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit 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 the plans and dimensions
submitted and by legal building permit.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a Certificate of Occupancy for the addition.
5. Exterior finishes shall be in harmony with existing structure.
6. The dwelling is to remain a single family dwelling.
SPECIAL PERMIT GRANTED
July 22, 1992 n
Richard Febonio, Vice Chairman
Board of Appeal
DECISION ON THE PETITION OF PHILIP BEDARD FOR A
SPECIAL PERMIT AT 21 EAST COLLINS ST. , SALEM
page three
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
MGL Chapter 40A. , and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk. Pursuant to MGL
Chapter 40A. , Section 11, the Special Permit granted herein shall not take
effect until a copy of the decision bearing the certification 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 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
n Ir
C'>
r�
MC) td
�T
x
,n W
om o
T• �O
rn S 3
mn
N G
N fj
eE"Am~ APPROVED By Re
AMPS==PWR TO AVOW REND GIRANft
CITY OF SALEM
DM
wre
zodnp oidna
b h rr No TA=tlM of
�
ft Cmmlioaon AmW . rM__NO
Parrrlk 10: BU LDMq PERW APPLICATM FOR:
(Ck*whia WM") mod. Rsroof, IWAN SWft C WbVd Dock, Shed, pool.
spai►R�splsos, Other:
PLEASE mL OUT LEDdLY i CowLETELY TO AMOID OELAYs N PROCEgMq
TO THE INSPECTOR OF BUILDINGS:The WdWsOW '.
hsratry sits for a parmk to build aocor&Ag10 Mra.%aftbq
Ad*ou a Phon.
Arohltact'a Nam.
Address A PhW* f
tlAsd �'
,ania me Na � — 'a
Address A Phone
VON Is sr prposs of k~ m
bM om d, -- W 60 N s dwsiip, �M loniaos?
VM MOM semen a Jaw? McMea9
EdboW cod car umm• 2�>7 aw uI M /
J�� 66 1f W
UMOR THE Ty
'
OP PERJURY
oEscRlPnoN of WOW TO sE DONE
p Ga
MAIL PEAMIT
�I
Nix
APPLICATION FOR
PEYAWT
LOCATION
2/ �T C0a- -1,Vs srZCICF-
PERMIT GRANTED
APPI OVF-D
7WTOR OF BULOPM