20 HARDY STREET - BUILDING INSPECTION -' 20 HARDY STREET
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o CITY OF SALEM, MASSACHusieli LI`RK'OF M. A
BOARD OF APPEAL
c 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
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FAX (978) 740-9846 1003 MAY 28 A 0 38
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF SUSAN CAYOUETI'E REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 20 HARDY STREET R-2
A hearing on this petition was held May 21, 2003 with the following Board Members
present: Nina Cohen, Chairman,Richard Dionne, Bonnie Belair, Nicholas Helides and
Joan Boudreau Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from the number of stories to construct third floor
dormer for the property located at 20 Hardy Street located in an R-2 zone.
The Variances, which have been requested, upon a finding 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 this 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 and represented herself at the hearing.
2. Plans were submitted showing the proposed addition
3. To expand the living space available to her family, petitioner seeks to add a dormer,
increasing the number of stories without adding to the footprint of the overall height
of the building.
4. Robert Shea of Morning Glory Bed and Breakfast was present at the hearing and view
the proposed plans.
5. There was no opposition to this petition.
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DECISION OF THE PETITION OF SUSAN CAYOUETTE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 20 HARDY STREET R-2
page two
On the basis of the above finding of fact,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 petition.
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 statures,ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimension 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
structure.
Variance Granted \
May 21, 2003
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Nina Cohen, Chariman
Board of Appeal
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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 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 20 days have passed 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 owners Certificate of Title.
Board of Appeal
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KEVIN T. DALY .r� rI .= LEONARD F. FEMINO
ASSISTANT CITY SOLICITOR % J ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET
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AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET ONE SCHOOL STREET
MICHAEL E. O'B RIEN
SALEM. MA 01970 BEVERLY. MA 01915
745-4311 - CITY SOLICITOR 745-4311
745.0500 93 WASHINGTON STREET 921-1990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM. MA 01970
745-4311
744-3363 c
PLEASE REPLY TO 81 WASHINGTON STREET
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June 16 , 1988 :7';_1
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William H. Munroe, Building Inspector w
City of Salem
One Salem Green
Salem, Massachusetts 01970
Re: 20 Hardy Street, Salem
Dear Mr. Munroe:
Please be advised I have investigated the use of the
above entitled real estate and based upon the information
you furnished me, it is my opinion that it was a lawful
two-family prior to adoption of the Zoning Ordinance on August
27, 1965 . Accordingly, it should be afforded the protection
of Section VIII (E. ) of the aforementioned ordinance relative
to nonconforming uses and, thus, it' s current use as a
two-family is permissible.
ZVe /uly yours
Michael E. O' Brien
City Solicitor
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