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2 CROSS AVENUE - ZBA� o� ��tS %v�hu`2. ` � i i 9 Legal Notice ! CITY OF SALEM BOARD OF APPEAL 745-9595 Ext 381 Will hold a public hearing for all persons interested in the submitted by PAUL KOLOSEUSI requesting a Special Permit per Section 8-4 (2) to remove existing structure and rebuild per plans submitted for the property located at 2 CROSS AVENUE R-1.Said hearing to be on TUESDAY, AUGUST 9,2005 AT 6:30 P.M., 120 WASHINGTON STREET 3rd FLOOR, y ROOM 313. E Nina Cohen,Chairman t (7/26,8/2/05) Ii CITY OF SALEM9 MASSACHUh51ElrWSSALEM. MA 0 BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 7005 AUG I b A IU SU MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF PAUL KOLOSEUS REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 2 CROSS AVENUE R-1 A hearing on this petition was held on August 9,2005 with the following Board Members present:Nina Cohen, Chairman,Richard Dionne,Nicholas Helides, Bonnie Belair 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 request a Special Permit to remove existing structure and rebuild per plans submitted for the property located at 2 Cross Avenue located in an R-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2)(8)which provide 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 Section 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 Special 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 for the City's inhabitants. 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 purpose of the ordinance. i DECISION OF THE PETITION OF PAUL KOLOSEAU REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 2 CROSS AVENUE R-1 page two The Board of Appeal,after careful consideration of the evidence presented, and after viewing the plans,makes the following findings of facts: 1. Petitioner Paul Koloseus sought zoning relief in September of 2004 to construct an addition to his home at 2 Cross Ave, in the Willows section of Salem. At that time he submitted architectural renderings showing a proposed tow-story addition to an existing 2 '/2 story structure. His request was granted,and the addition approved at that time. 2. Following the issuance of a building permit,Mr. Koloseau authorized the demolition of the home on this property. Petitioner contends that upon information and belief the existing foundation could not support new building. In support of his contention,Mr. Koloseus submitted no data, no structural findings by engineering professionals,and no opinion letter. A single digital photograph showing the area of the foundation subsequent to the demolition was provided to the Board of Appeal. 3. In May 2005 Building Commissioner Thomas St. Pierre issued a cease& desist order to terminate work on the 2 Cross Ave. property,and referred the case to the Board of Appeal for a hearing. 4. In support of his petition,Mr. Koloseus states that the demolition was necessary to enable the builder to construct new footings for the addition. Structural and site work could not take place,according to this view, unless the entire lot was cleared. The Board finds this contention is without merit. 5. Mr. Koloseus contends that without a Special Permit his property would have no value since he is unable to rebuild on a nonconforming lot. The Board finds this contention is flawed, since the diminution in value occurred when his house was demolished. Finally, Mr. Koloseus contends he should be granted a Special Permit to rebuild his home if the Board finds the proposed structure is not substantially more detrimental to the public good and does not nullify or substantially derogate from the intent of the ordinance. This contention is not challenged, but was supported by the comments of Richard LeBel,of 1 Chestnut St.,and James Treggiano, of Witchcraft Heights in Salem On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. DECISION OF THE PETITION OF PAUL KOLOSEUS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 2 CROSS AVENUE R-I page three 2. 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. 3. 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. 4. Special conditions exist which especially affect the subject property,but not the district in general. On the basis of the above findings of fact,the Zoning Board of Appeal voted 4in favor and 1 present to grant the Special Permit requested, subject to the following conditions. 1. Petitioner shall comply with all city and state statues, code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner shall obtain a Certificate of Occupancy. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 7. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,but not limited to the Planning B/�olar�d. Special Permit Granted /'/"VA- g� Au 9, 2005 Nina Cohen, C� 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 MGL Chapter 40 A, 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 the 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 or record or is recorded and noted on the owner's Certificate of Title. Board of Appeal CITY OF SALEMo MASSACHUSETTS BOARD OF APPEAL - Tto-Yvics-RrRc-rola-STn eET;SRu-F[ao — -�--_- SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9846 F T' A r 7 �� DECISION OF THE PETITION OFPAUL KOLOSEUSI REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 2 CROSS AVENUE R-1 A hearing on this petition was held on September 15, 2004 with the following Board Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Nicholas Halides 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. The petitioner is requesting a Variance from rear yard setback and number of stories to construct an addition for theroPertY located at 2 Cross Avenue located in an R-1 zone. P 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 is seeking a Variance from rear yard setback and number of stories to construct an addition. 2. Plans were submitted showing the proposed addition. 3. There was no opposition to this petition. MEGIS10N OF THE P€TITIAN 9FRAUL KOLOUEUS REQUESTING A VAOIAF ICE FOR THE PROPERTY LOCATED AT 2 CROSS AVENUE 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. 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 5 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans submitted. 3. All requirements of the Salem Fire Department shall be strictly adhered to. 4. Petitioner shall obtain a building permit before beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing structure. 6. Petitioner shall obtain a Certificate of Inspection. Variance Granted September 15, 2004 A��� Nina Cohen Board of Appeal ti m c� M Sm,]C N T L vi C n ©r- D Tn; C-)3 ^-3 ci'� D A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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 C-1 m n �Ci N NCD �f y> c�• r^3 _ D