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64 BUFFUM STREET - ZBA FUM - ITA STREET - ROBERT ITALIEN (76 1 t rco * CITY OF SALEM, MASSACHUSETTS 3v� atm BOARD OF APPEAL n �• 'e � 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01 970 �S— ��GMIIYE CPQ TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR DECISION OF THE PETITION OF ROBERT I'ITALIEN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 64 BUFFUM STREET- R-2 A hearing on this petition was held June 19, 2002 with the following Board Members present: Nina Cohen, Joan Boudreau, Nicholas Helides and Joseph Barbeau. 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 residential density and a side setback of 4 feet to construct an addition front & rear setback to construct an addition for the property located at 64 Buff um 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 representing his mother Elieen L'Italien, desires to construct an addition to the property located at 64 Buff um Street. The proposed addition will be at the rear of the existing structure and will have dimension of 11' 7.5" x 23' x 7.5" The proposed addition will increase lot coverage density and have a side setback of 4 feet instead of the required 10 feet. 2. The petition er presented 5 letters in support of the petition. The letters were received art d read into the minutes. Letters were received from the following: Clair Chalifour, 4 Bryant Street, Nance Bacigalupo/Sue Dowing of 5 Symonds Street, Edward & Ruth Bartnicki of 62 Buffum Street , Judith Rodgers of 3 Symond Street and Philip $ Cheryl Daniels of 60 Buff um Street. i it DECISION OF THE PETITION OF ROBERT UITALIEN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 64 BUFFUM STREET STREET R-2 page two 3. There was no opposition to the petition. 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 b ut not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would i nvolve 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 statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions 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 June 19, 2002 / Nicholas Helides Board of Appeal CSC 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. Board of Appeal r� cn dot 113 May 27, 2002 City of Salem City Hall Building Permit Dept./ Board of Appeals Salem, MA 01970 Dear Building Permits Dept./Board of Appeals: We are writing to inform you that we are not in objection to an addition being built onto 64 Buffum Street, by property owner Eileen L'Italien. Our home and property at 62 Buff nn Street directly abuts her property. We do not have any concerns about her adding onto the back of her home. Sincerely, Edward and Ruth Bartnicki 6cXAJI a4fk - 62 Buffun Street Salem, MA 01970 7y�2 Salem Board of Appeals To whom it may concern: We have no problem or fault with the design and build of the First floor addition on the property of Robert L'Italian of 64 Buffum Street, Salem,Mass Truthfully Yours on this day of June 9'h, in the year of our Lord 2002 Respectfully; Philip F. and Cheryl A. Daniels 60 Buffum St Salem, Mass !-5 �- -- � ct -------- -- ------- Li e 17- ----------- Nancy Bacigalupo/Sue Downing 5 Symonds Street Salem,Ma.01970 Home Phone 978-745-8016 May 28, 2002 To: The City of Salem Board of Appeals Both Sue and I reside at 5 Symonds Street Salem,Ma. 01970. We are writing this letter to inform you that the addition at 64 Buffom Street Salem,Ma. 01970 is not a problem for us. The L'Italiens's have informed us of their final plans and we wish them well with this project. Sincerely, Nancy Bacigalupo Sue Downing L �''y �. ro s^ c 3" xk,- s..c^u1.r�.ri-- I/mss_ ✓ r'r•.� i� i,�^? Si^{/..Pd l _ ,t....1 F£"'. l^^' d^?. 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