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5 COLUMBUS SQUARE - ZBA 5 COLUMBUS:;SQ#are �J I \V �� ��sv�-�� '��o� �' �1 �J� - �� o CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL s 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 0. FAX (978) 740-9846 mix STANLEY J. USOVICZ, JR. l�rn G, MAYOR 1 =� DECISION OF THE PETITION OF MARK & PAULA KEENE REQUESTING A �j 21� : VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED Al 5 9 COLUMBUS SQUARE R-1 A hearing on this petition was held July 14, 2004 with the following Board Members Qa4 present: Nina Cohen, Bonnie Belair, Joseph Barbeau, Stephen Harris and Edward Moriarty.. 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 to alter an existing nonconforming structure and a Variance from side yard setback to construct a two story addition for the property located at 5 Columbus Square in an R-1 zone. The provisions the Salem Zoning Ordinance which is applicable to the 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, extent 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 Special Permit requests 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 City's inhabitants. The Variances which have been requested may be granted upon a finding of the 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 or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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 or the of the Ordinance DECISION OF THE PETITION OF MARK & PAULA KEENE REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 COLUMBUS SQUARE R-1 page two The Board of Appeal, after careful consideration of the evidence presented, and af* reviewing the plans makes the following findings of fact: co r u, 1. Petitioner's Mark and Paula Keene appeared and presented their plans to tw m� Board. 2. Their Architect, Walter Jacobs of Washington Street in Salem explained the § plans for the two -story addition. 3. An abutter Peter Haywood of 4 Columbus Square appeared and spoke in favor of the petition. 4. There was no opposition to the proposed plans. On the basis of the above findings of fact, and on the evidence presented at the hearings 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 Ordinance would involve substantial hardship on the petitioner. 3. The relief requested 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 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the city's inhabitants. Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the relief 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 Inspector. 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. Petition shall obtain a Certificate of Occupancy shall be obtained. 6. Exterior finishes of the construction shall be in harmony with the existing structure. 7. Petitioner shall obtain approval from any Board or Commission having jurisdiction, Including, but not limited to the Planning Board. LOT 153 J. MURRAl ` F, P Simsori� E. SIMPS t 20 GOLVw aus AVENUE 5� 0%1 LOT 13 PETER 5, & PVANE M, NA )Woop , TRUSTQCS of p.M H REAL11 TRUST 3A WINTER ISLAND ROAD LOT IS -AREA- �5,34Z± S,r. LOT 14 PETER 5• Bc ,DIANE P+ , NAIWDOA, I-oT IS TRvsTEeS Oc p,m.N. ReA�Zy 1��'% +� PETER S, & DIANE M. NM\AOOP- TRu57 jRVb"TEES Of �} CoLVM&S SsIUARC t� OJERLoo1R NOMINEE TKOST 3 WINTER 15LAN1) ROAD r NEW 2 STORY bock..I "srRucruec —oveeNAkG . LOT 17 F �r- ANT011VCTTE E. M. LEoIJEy \ 1 WINTCA ISLAND ROAD O I I6' SIDE `/AP-b SET Y- . SIDEVAILb SETt3AC.r_ 8=, � txlsT/N6 snQ0CTUP-E 1= �Ov _ TO CAE L�EMULISNE,� �s ff `•�'��H�`�� WI,QEs 00, tt.s 0 o_ oJJr Ap H�R4S LOT 12 PETER S. & D1ANE M• 41AyWOOD LOT 16 TRUsTECS OF M,S,H. REALTy TRVS7 1 [�—�-- 3 COLUMaUS SQVARC r— GEoRGE f�, gERRI � JR• 3 l t ELEANeR T, BcRRy , TRUsTEES OF COI.UMQUS Sa.UARC TRUST � 1 � o � � 3 t 1 s � © 1 co`-v`��'�S NoT6s LOT N0mSERS REFER TO cIT`I of SALEm PssESSoRS MAP 44 = 9 x t4 PARut\16 :5P,4c.E PLOT PLAN OF LAND LOCATED IN REFERENCE: , "^Ss, SALE M DEED : REC. BK. I51�4 PG. zh� r� PLAN : bK, 185 PLA4 11 F c"1 °; PREPARED FOR I CERTIFY THAT THE BUILDINGS) $PA1TM PA�LR P• GP1�TNIER- y(EENE HEREON ARE LOCATED ON THE GROUND N< �s°aa o SCALE: 1 30, J U N E 151 top } ��.' RfGISTEIL ��" AS SHOWN. �sr sF NORTH SHORE SURVEY CORPORATION R11�J 47 LINDEN STREET- SALEM; MA. D Fi�li. I'HUrtS'S'lUNAL LAIVU S'UHVt 1'UH #k 22q 1