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21 EAST COLLINS STREET - ZBA (2) 21 EAST COLLINS STREET f PHILIP BEDARD �y G. Legal Notice CITY OF SALEM °e BOARD OF APPEAL yell`745-9595 Eat.361 Willbold'a public hearing for all persons,interested in the petition sub- mitted by PHILIP BEDARD request t ing a Variance for side yard setback 1 to expand kitchen for property located at 21 EAST COLLINS STREET,R-1. Said hearing to be held WEDNESDAY, MARCH 20, 2002 at 6:30 P.M., 120 � WASHINGTON STREET, 3RD P FLOOR,ROOM 313. Nina Cohen Chairman (3/6,13) ' i J c CITY OF SALEMt MASSACHUSETTS ro a BOARD OF APPEAL C'*,,-,I- A 120 WAS INGTON STREET,SALEM, MA 01970RD FLOOR y�`r Rt�s�FF16F A 'gyp TEL. (978) 745.9595 FAX (978) 740-9846 STANLEY J.MAYOR SROVICZ, JR. O 9 AP 1QQ R -� p l: 14 DECISION OF THE PETITION OF PHILIP BEDARD REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 21 EAST COLLINS STREET R-1 A hearing on this petition was held March 20, 2002 with the following Board Members present: Nina Cohen, Richard Dionne, Nicholas Helides, Bonnie Belair 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. The petitioner is requesting a Variance from side yard setback to expand the kitchen for the property located at property located at 21 East Collins Street R-1 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 appeared before the Board and presented plans for the proposed renovation. 2. Petitioner would like to expand his kitchen. 3. There was no opposition to the proposed 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 but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 1 DECISIION ON THE PETITION OF PHILIP BEDARD REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 21 EAST COLLINS STREET R-1 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 5-0, 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. Existing finishes of the new structure shall be in harmony with the existing structure. VARIANCE GRANTED MARCH 20, 2002 ccc� onnie Belair 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 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