13 HARROD STREET - BUILDING INSPECTION UPC 10330 E`
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CIT Y O SALEM MA
BOARD OF APPEAL CLERK'S OFFICE .
+.� 120 WASHINGTON STREET. 3RD FLOOR
:M SALEM; MA 01970
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9�Qrnnec�' f TEL. (978) 745-9595
FAX (978) 740-9846 1003 JAN I b P 3: 4b I
STANLEY J. IJSOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF MANUEL RAYMOND REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 13 HARROD STREET R-2
A hearing on this petition was held January 15, 2003 with the following Board Members
present: Nina Cohen, Bonnie Belair, Nicholas Helides, Stephen Harris 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 News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variance to add a 3`d story addition for the property located
at 13 Harrod Street located in an R-2 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 appeared and presented his plans to the Board.
2. Petitioner stated that the home would remain a single family. The third floor
would add 2 bedrooms for his family.
3. City Councillor Mike Bencal spoke in favor of the petition.
4. The owner of 48 Phillips Street, which abuts the subject property, presented his
concerns regarding water run off form the changed roof structure and closeness
of existing structures and structural concerns.
5. The Building Commissioner addressed both concerns of the aforesaid abutter,
indicating no concerns with either.
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DECISION OF THE PETITION OF MANUEL RAYMOND REQUESTING VARIANCE
FOR THE PROPERTY LOCATED AT 13 HARROD STREET R-2
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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
fhe purpose of the Ordinance..
Therefore, the Zoning Board of Appeaf votecf5-0 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 requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. Exterior finishes of the new construction.shall bean harmony with the existing
structure.
4. All construction shall be done as per plans submitted and approved by the Building
Commissioner.
5. A Certificate of Inspection shall be obtained.
6. Petitioner shall obtain a building permit prior to beginning any construction.
VARIANCE GRANTED
JANUARY 15, 2003
Nicholas Helides
Board of Appeal
r!
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