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21 1/2 GOODELL STREET - BUILDING INSPECTION 21 1/2 GOODELL STREET ' NO. 7521/3 , 1095 F 0 0 0 0 U I I r` S ( Ni.CI"7.1tv of �ttlrm, tt$atttlju g ; ss1A OFFICE 3 PDMTD of �ITpeal 1999 FEB 24 P 2: 16 DECISION ON THE PETITION OF ANA PAULA BOR_GES REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT`21'/z Go DELL STREET R 2 A hearing on this petition was held February 17, 1999 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Michael Ward 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. Petitioner requests a Special Permit from rear setbacks to construct a 17 x 17 single story addition for the property located at 21 % Goodell Street. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 Q), 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 of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures 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, and after viewing the plans, makes the following findings of fact: DECISION ON THE PETITION OF ANA PAULA BORGES REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 21 Y2 GOODELL STREET page two 1. The petitioners Ana Paula and Carlos Borges are owners of the property located at 21 % Goodell Street. The petition was presented by Carlos Borges and his architect. 2. The petitioners seek a special permit from rear setbacks to allow an extension of a nonconforming structure to construct a 17 x 17 single story addition. 3. The subject property is located in an R-2 District. 4. Mr. Borges indicated that the addition would not include a basement. 5. Mr. Richard Bencal of 19 Goodell Street expressed concern regarding a ground Water problem in the area, questioned the use of the addition, and asked that restrictions be placed on the hours of construction if the special permit were granted. 6. Mr. Borges indicated that the addition will be used as a living room 7. Mr. Borges agreed to install a dry well to handle run off from the room of the new addition. 8. It was determined that lot coverage provisions were not exceeded. 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 but not the district in general. 2. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 3. The relief 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. 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shall be done per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 3. All requirements of the Salem Fire Department relative to smoke and fire safA Shall be strictly adhered to. co - N _ _c Z7CD �c -0 �n N �j l DECISION OF THE PETITION OF ANA PAULA BORGES RQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 21 Y2 GOODELL STREET page three 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 7. Hours of construction shall be limited to 9a,m, - 5 p.m. Monday thru Friday. No Construction shall be allowed on Saturdays, Sundays or Holidays. 9. Petitioner shall install a dry well to handle run off from the roof of the addition. Special Permit Granted February 17, 1999 Stephen Buczko ( SC h 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 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 Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 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 _v O Z7 70 �r N C- rn � a NEW ENGLAND CLAIMS SERVICE, INC. ReplyTo ❑ Reply To ❑ Reply To O P.O. BOX 345 100 CONIFER HILL DRIVE, SUITE 308 P.O. BOX 578 MANSFIELD, MA 02048 DANVERS,MA 01923 SHREWSBURY, MA 01545 TEL. (508) 337-8058 TEL. (978) 777-9900 TEL. (508) 842-3995 FAX(508) 339-5835 FAX (976) 774-9296 FAX (508) 842-7510 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws, Ch. 139, Sec. 3D TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen '-r6\.Jui h'UL_ L f— �AMf✓ addresses RE: INSURED IG4>J1 Vsky .PROPERTY ADDRESS I V2. C_ ons� i�S? POLICY NO.: 3H a a9 5 LOSS OF: S�a3�dl .#g--_ FILE OR CLAIM NO.: 33q ._—.�_________— Claim has been made involving loss,damage or destruction of the above-captioned property which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3D is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. CLAIMS /}�'SUs�£2. TITLE On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above b first class mail. _��la, SIGNAT RE AND DATE cc: Fire, Dept . ��� z� Tity of "561Pm, ttssttcljusrtts 9 e PnarD of c�rpeal O O DECISION OF THE PETITION OF CARLOS & ANA BORGES REQUESTING A VARIANCE FROM THE PROPERTY LOCATED AT 2"1T%GOODEL'L ST`ET R-2 A hearing on this petition was held August 18,1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Michael Ward, Stephen Buczko 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 rear setback to construct an addition for the property located at 21 % Goodell Street. The Variances which have been requested may be granted upon a finding by this Board that: 1.Special conditions and circumstances exist which especially affect the land, building or structures involved and which are not generally affecting other lands, buildings and structures involve. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 3. 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. The petitioners, Ana & Carlos Borges, are owners of the property located at 21 Y2 Goodell Street. The petition was presented by Carlos Borges. 2. The petitioners seek a variance from rear setbacks to allow the construction of a 17 x 17 two-story addition for the property located at 21 % Goodell Street. 3. The subject property is located in an R-2 District. 4. Mr. Borges indicated that the addition would not include a basement. 5. Mr. Richard Bencal of 19 Goodell Street submitted a letter requesting that restrictions be placed on the hours of construction if the variance was granted. ,,. U SALEM. MA t CLERK'S OFFICE 1999 AUG 23 A ID 50 DECISION OF THE PETITION OF CARLO & ANA BORGES REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 21 '/2 GOODELL STREET R-2 page two 6. Mr. Borges indicated that the addition would be used as a living room and master bedroom. 7. Mr. Borges agreed to install a dry well to handle runoff from the roof of the new addition. 8. It was determined that lot coverage provisions will not be exceeded. 9. The petitioners were granted relief from the rear setback requirement, to construct a single story 17 x 17 addition for the property, by the Zoning Board of Appeals on February 17,1999. On the basis of the above findings of fact, and on, the presented at the hearing, the Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances requested, subject to the following condition; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain 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 Occupancy 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. Hours of construction shall be limited to gam-pm Monday thru Friday. No construction shall be allowed on Saturdays, Sundays or Holidays. 9. Petitioner shall install a dry well to handle runoff from the roof of the addition. Variance Granted August 18, 1999 Cs cj"� Stephen Buczko, Member Board of Appeal I; ; U SALLM. MA CLERK'S OFFICE 1949 AUG 23 A Ka 50 DECISION OF THE PETITION OF CARLOS & ANA BORGES REQUESTING A =- VARIANCE FOR THE PROPERTY LOCATED AT 21 % GOODELL STREET R-2 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 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