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3 ALLEN STREET - ZBA 3 ALLEN STREET KATHRYN HARPER Lggal Notice CITY OF SALEM BOARD OF APPEAL 745-9595 Ext.,381 Will hold a public hearing for all persons interested in the petition sub- mitted by KATHRYN M. HARPE requesting a Variance/Special Per- mit from height and dimensional requirements to expand an existing non-conforming dwelling for the property located at 3 ALLEN STREET R-1.Said hearing to be held WEDNES- DAY,DECEMBER 16, 1998 AT 6:30 P.M., ONE SALEM GREEEN, 2nd floor. Nina Cohen,Chairm (12/2,9) Legal Notice y p� OF SALEM, ,A (91ty of "§ttfem, asstttf usrtfs „ oFFlc 3 nttra of ett! 1998 O-C 29 A 9: 23 DECISION ON THE PETITION OF KATHRYN M. HARPER REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 ALLEN STREET R-1 A hearing on this petition was held December 16, 1998 with the following Board Members present: Nina Cohen;Chairman, Richard Dionne, 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. Petitioner is requesting a Special Permit for relief from height and dimensional requirements to expand an existing non-conforming structure for the property located at 3 Allen Street. 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 Sections 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 Soecial 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 Citv' 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 . Petitioner, Kathryn M. Harper represented herself. 2 . A Special Permit was requested for relief from height and dimensional requirements to expand an existing non-conforming structure. 3 . Plans for the expansion of the third floor were presented. 4 . The Droverty will remain a two family residence. The third floor expansion will be used as additional living space for the apartment on the second floor. 5. The property is located in an R-1 district. 6. Peter Paskowski, Councilor of Ward 1, spoke in favor of this petition. DECISION OF THE PETITION OF KATHYRN M. HARPER REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 ALLEN STREET R-1 page two 7. Frank Kulik, City of Salem Tax Assessor, spoke in favor of the petition. 8. There was no opposition to the petition. On the basis of the above findings of fact, and 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 or without nullifying and 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 requirements of the Salem Fire Deoartment relative to smoke and fire safety shall be strictly adhered to. 3 . All construction shall be done as per the plans and dimensions submitted. 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. Soecial Permit Granted December 16, 1998 SSC+ Michael Ward. Member m Board of Appeal o cr-i N � �D O r TI N r'3 W D ,A DECISION OF THE PETITION OF KATHRYN M. HARPER REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 ALLEN 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 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 elapsed and no appeal has been filed, or that, if such apoeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or 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 0 o n- p O T1 C I -, n N ` � O r -j m 3 N � w APPEAL CASE NO. . . . . . . . . . . . . . x 344 f1lif ofttlPm, ��3H�zs�ttz�TusPf$ pnarb of cAu#rPttl TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: . . .. .51f•. . . . . . . . . . . . .Street; Zoning District. . . . . . . . . . . . . . . . . . . . ; 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 I% A.1 of the Zoning Ordinance. 00 v tag rs wg m �-d 0 m C.D in yw a m -�. O CSJ.4 U W N Cn U p *rte ® p — n• - rn:r CD D N 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 inten /and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: 1I ((�2( h Rlel;e-F r-l-am hei�Gi��,�dd.'�n�hs�oh�r/ reev:r�.yrPhts Owner. .1e4a 2e/?2 lz' . .... . . . . . . . . . Address. . X&'. Telephone. . .p =7,�rS. ..G.fSz. . . . .. . . . . r✓ i Petitioner.,"J-F-C•� Address. . .IR S4 tVJ22 Date. . . . . . . . . . . Telephone. . y7�././�t/S.fir/-/��. . . . . . . . . . . . By. . .< Three copies of the application must be filed with the Secretary of the Board of Appeal with a check, for advertising in the amount of $. .. . . . . . . . . . . four weeks prior to the meeting of the Board of Appeal, Check payable to the Salem Evening News. APPEAL CASE NO. . . . . . . . . . . . . . r �T 344 s �1I# 1 IIftt1Pm, cfl8£�IL�11zsP##$ Pourb II{ c�u#rPttl TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: . . . g//ClJ .sf•. . . . . . . . . . . ..Street; Zoning District. . . . . . . . . . . . . . . . . . .. ; 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 I% A.1 of the Zoning Ordinance. _ v �tL m m 0 Cr LU W d -71 n In >J W C N Cn 0 U V dy ®-z h C.) O �D N The Application for Permit was denied by the Inspector of Buildings for the following reasou(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 inten[,fand purpose of the Zoning OrdinanceandBuilding Code for the follow- ing reasons: /l ��C(,e$4-i"IG �. �/ C��(�C2... � JQCC•�c\ ((,-el'�h�� I�elieF prem hJ�i�G.f ��dd��rr�srs�o.��r/ �e�v:rP.�Ptits to ��a.�d <!� �1Cis�,`gq rion-Gvro�o/�ipi9 s�`rvctv�e , Owner. '4.4'g 2e/;t,CyY" .o-Z P . .. .. . . . . . Address. . l�.SonztXt�i Telephone. . �/n./��.-7��1..�..G.��S/�. .. . . . . . . . Petitioner.=r�F�r� / _ _ Address. . ./R S4/4' "1n Date. . . . . . . . . . . Telephone. 'y.f���..?/.S-.G,tG',r//7�. . . . . . . . . . . . J/ By. . .! 1 !! . T_ _411 . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeal with a check, for advertising in the amount of $. . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeal, Check payable to the Salem Evening News.