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Legal Notice
CITY OF SALEM _
BOARD OF APPEAL -
745-9595 EXT.381
Will hold a public hearing forall
-persons interested in the petition- -" _
sub-
mitted by SHARON HILTON request.
-ing a Variance from sidesetbacks to -
construct an addition for the property
located at 38 BROAD STREET (R-2).,
Said hearing to be held WEDNES-
DAY'
EDNESDAY, OCTOBER 15, 1997 AT 6:30
P.M., ONE SALEM GREEN, 2nd -
1 Floor.
Gary Barrett,Chairman 1
(30/1,10/8/97)
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DECISION OF THE PETITION OF SHARON HILTON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 38 BROAD STREET (R-2)
A hearing on this petition was held October 15, 1997 with the following
Board members present: Gary Barrett, Chairman; Nina Cohen, Albert Hill,
Joseph Ywuc and Paul Valaskagis. 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 Variance from side setbacks to construct an addition
for the property located at 38 Broad Street (R-2) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . The petitioner, Sharon Hilton appeared and represented herself.
2. The petitioner would like to build a two story addition to the
property.
3. Mr. Bill Lessor, 40 Broad Street appeared and spoke in favor of the
petition.
4 . There was no opposition to this petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows :
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
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DECISION OF THE PETITION OF SHARON HILTON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 38 BROAD STREET
page two
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance 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 dimensions
submitted and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7. Petitioner is to obtain approval from any City Boards or Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Granted
October 15, 1997
Paul Valaskagis, Member
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
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 certification of the City Clerk that 20
days have elapsed 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 owner's Certificate of Title.
Board of Appeal
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BY APPROXIMATE LOCATION
ONLY. TAKE FROM SURVEY 5. FRAME NEW PORCHES TO BE SUPPORTED ON NEW FOUNDATIONS AND EXISTING STRUCTURE.
DATED JUNE 11, 1973 FRAMING SHALL BE OF FINISHED QUALITY WHERE TO BE EXPOSED, AND COVER WHERE INDICATED
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EXISTING CORRESPONDING WORK IN PROFILE, SIZE, AND STYLE AS MUCH AS POSSIBLE. 0
6. PROVIDE REMOVABLE SCREENING APPLIED TO INSIDE SURFACE OF ALL WALLS AND TO
UNDERSIDE OF BOTTOM LEVEL AND AT ADDITIONAL LOCATIONS AS REQUIRED TO PROVIDE TOTAL
SEAL AGAINST INSECTS. PROVIDE SCREENED DOOR WHERE SHOWN.
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SLIDING DOOR. REPLACE AND/OR REPAIR TRIM WORK TO INTERIOR TO MATCH EXISTING
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