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11 ABBOTT STREET - ZBA 11 ABBOTT STREET R-1 FRANCIS STEWART \J I =interested otice SALEM APPEAL,Est.381lic hearing for allin the petition sub- mitted by Francis Stewart requesting a Variance from side setback to con- struct a screened room for the prop- erty located at 11 Abbott Street R-1. Said hearing to be held Wednesday, June 21, 2000 at 6:30 P.M., One Salem Green,2nd Floor. • Nina Cohen Chairman (6/7,14) ' , Cit , � p of 6aiemAag.5acbu5ettg , 13uarb of appeal DECISION OF THE-PETITION OF-FRANCISREQUESTING A VARIANCE- FOR THE PROPERTY LOCATED AT 11 ABBOTT R-1 A hearing on this petition was held June 21, 2000 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Paul Valaskagis and Stephen Buczko. 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 setback to construct screened room with relief of 7 feet rather than 10 for the property located at 11 Abbott Street. 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. The petitioner appeared and represented herself at the hearing. 2. Plans were submitted showing the screened room that would like to be constructed. 3. There was no opposition to the plan. DECISION OF THE PETITION OF FRANCIS STEWART REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 11 ABBOTT 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 in general. 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 4-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state stature ordinances, codes and codes regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. Variance Granted June 21, 2000 Paul Valaskagis, Member Board of Appeals CJ G r �.T. f � n- N � J1 1 DECISION OF THE PETITION OF FRANCIS STEWART REQUESTING A VARIANCE FOR THE PROPERTY 11 ABBOTT STREET R-1 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. d cn N r � r N cJ'� ' CITY OF SALEM, MASSACHUSETTS ���ONUfT y�v BOARD OF APPEAL 2P�� fi`;Y 11: 19 99 cid Qp TO THE BOARD OF APPEAL: The Undersigned represent that they are the owner(s) of a certain parcel of land located at: I I)D A T P 5 i r e e T Street; Zoning District k and said parcel is affected by Section(s) of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section UC A.1 of the Zoning Ordinance. The Application for Permit was denied by the Inspector of Buildings for the following reason(s): The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: ��P.Q� tl. (VLu�a,Y�(,t� � G.- 1L(lvtf.�t�c� Aq-tJVY� �/•� — (PLEASE PRINT) Owner: FRMvice$ L SjIwNrT Petitioner: FXJ)rc.e5 )_ 51 P (i)AIc Address: I I N I$Ad C S i Address: 1; 0 S T S I Tel. No. V4 h s i Tel.No. l U y S d I � By: T�n.r. h - X_L2.are �j (Signature) Date: h (�Aj % 1 ou 0 This original application must be filed with the City Clerk. A certified copy of this petition will be returned to petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal , four weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of $ made payable to the"Salem Evening News". A A TRUE COPY I S 11 b 8- IVW F°n ATTEST: d30 9?41011! 't CITY CLERK h9f�,q":�Jf W � . :�.'7�tYv�-,r•4'�"5:... 'it.�,i�tl. •.i��J' ..� 41 uy'... �v. 14r.ix iMa>' iA' CAR11_R b TOWERS ENGINEERING CORP. .�urme�a-, �oauneeCand�'��te, Josso D.Carter Froressional Enpinmr 6 FAIRVIEW AVENUE Registered Land Srxveyor SWAMPSCOTT. MASS. 01907 Tel. 592-8386 2 SF En To the So Lz , t3 jf 2) and 7�f--��j S'rrE!:- . z'r- 1 hereby certify that I have examined Y the premises and all easements, lE' encroachments and buildings are L.o7 4 0 located on the ground as shown. S idrther certiiy fhA the buildings shows ;onformed to the zoning laws of o Sam when constructed. Lor 9I I further certify that ;his structure ` ?o. ' r /S located in the a'r established floc ha d r1a. eph D. Carter R.L.S. 19387 u J I � p�.11yy CE?T>_l ED I JLD-T 1��-ACJ Or Aa�� OF E? JOSEPH C•'D..a TI L Lr},�yq• CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING 7zgc' : 5613/32 5 C7=P�-7-2.3'�' YAEEKACE ISSN/ CARTER & TOWERS ENGINEERING CORP. .7Eswaer&,, �oauneelwed� J~0.Caner 8 FAIRVIEW AVENUE Proless al Er#neer SWAMPSCOTT•MASS.01907 Rpisraea Lane SW.eyw - Tel.592-8086 j ` LJ! SHS To the 5;-L- n 13, may? j2 a and 7-f� � 5 � — 2 I hereby certify that I have ezamined the premises and all easements, encroachments and buildings are LoT 40 located on the ground as shown. I S rurther cediiy that tho buildings shown t'h ;onformed to the zoning laws of ' as' � I o ^ t5A-L_ " when constructed. Lor 91 �o - n P 1 further certify that Ns structure /5 located in bile t established fl ha da. ......... ........:.. Z%z Sr m= ph D. Carter R.L.S. #997 or /a V JOSEPH �cN _ �7AiiE•�°�}�� ' CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING 2e� : 56r3�3z5 Y AQ 1Y 5e fl ad' t � {VrcIY^ I{ 1 L i s a m m f { e