Loading...
85 FLINT STREET - ZBA D D Z \ \ n - , Legal Notice 5 CITY OF SALEM a BOARD OF APPEAL a 979-745-9595,ExL 381 lit will hold a public hearing for all per - sf sons interested in the petition submit- ted by CHRISTOPHER COSTA it requesting a Variance from side set- iS back to allow a.7'x12'addition and ie rebuilding existing 5'x12'porch for ) the property located at 85 Flint Street '� . Said hearing will be held on -2. Said he to R 9 {to Wednesday,April 20,2005, at 6:30 i ed p.m., 120 Washington Street, 3rd is floor,Room 313. Nina Cohen,Chairman i e (4/6,13) - V �e r - CITY OF SALEM, MASSACHUSETTS tA rl_f. ' h'l • a BOARD OF APPEAL Ci _;;i\ J Orr CE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1005 APA 2l P 12� 03 MAYOR FAX: 978-740-9848 DECISION OF THE PETITION OF CHRISTOPHER COSTA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 85 FLINT STREET R-2 A hearing on this petition was held on APRIL 20, 2005 with the following Board Members present: Nina Cohen, Richard Dionne, Edward Moriarty, Nicholas Helides and Bonnie Belair. 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 setback to allow a 7' x 12' addition and rebuilding of existing 5' x 12' porch for the property located at 85 Flint 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. The Petitioner appeared and represented himself at the hearing. 2. Plans were submitted showing the proposed addition. 3. George Bates, an abutter, spoke in favor saying it would be a good improvement. 4. There was no opposition to the petition. l DECISION OF THE PETITION OF CHRISTOPHER COSTA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 85 FLINT STREET R-2 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 requirements of the Salem Fire Department shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 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. 6. A Certificate of Occupancy shall be obtained. Variance Granted April 20, 2005 ichard Dionne �'S'C/�� Board of Appeals f DECISION OF THE PETITION OF CHRISTOPHER COSTA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 85 FLINT STREET R-2 page three 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 18 April 2005 Dear Appeal Board Members, This letter is written to inform you that we have reviewed Christopher Costa's plans to rebuild and expand his existing porch at 85 Flint Street, Salem, Ma. He has informed us that he plans to expand his existing porch towards 83 Flint Street and stay within the height of the exiting roof line. Also, he has no plans to expand towards the rear of his property. Given the above rebuilding and expansion plans, we have no objection and recommend that his variance requests from side setbacks be approved. Since Mr. Costa moved into 85 Flint Street he has continuous) made significantly Y g Y improvements to this property. We trust that this new project will again enhance his property as well as the property of his abutters. Donald T. Bates 1 Oak Street, Salem G al eorge J. a ss 87 Flint Street, Salem MORTGAGE INSPECTION PLAN IN NIF SALEM, MAW. LINSKEY N/F REID LAND SURVEYORS BATES 365 CHATHAM ST., LYNN, MASS. 30.00' . SH ✓��tHRALPH N/F O��sst CO LUZZI 3000±S.F No T?.2! q.. �o > N/F ��'L s'—`�, \G BATES �SVA'lE�� O (�'Pen5 I�✓` TO POWDER HOUSE MORTGAGE COMPANY, INC, CHRISTORPHER R. COSTA. JANE E. BARBARO O i �O AND THE TITLE INSURANCE COMPANY INSUR— ING THE PREMISES. I CERTIFY 114AT THE DWEWNG I$ LOCATED AS SHOWN AND CONFORMED TO THE ZONING SET BACK REQUIREMENTS OF THE CITY OF SALEM VMEN CONSTRUCTED, OR IS EXEMPT FROM VIOLATION ENFORCEMENT UNDER M.G.L. TITLE VI CH. 40A SEC. 7. t/2 STORY, w000� 1't NOTE: WHEN OFFSETS ARE ONE FOOT OR LESS A FULL INSTRUMENT SURVEY 2't IS RECOMMENDED. 3q.00' 85 FLINT ST. HEREBY, CERTIFY TO THE BEST OF MY KNOWLEDGE NOTE: THIS PLAN WAS PREPARED FROM A THAT THE PREMISES SHOWN ON THIS PLAN ARE NOT LOCAT— TAPE SURVEY AND IS INTENDED FOR ED WITHIN A SPECIAL FLOOD HAZARD AREA AS DELINEATED MORTGAGE PURPOSES ONLY. OFFSETS SHOWN ON THE MAP OF COMMUNITY 0250102-8.PREPARED BY THE ON OR SCALED FROM THIS PLAN, • ARE FEDERAL EMERGENCY MANAGEMENT AGENCY OR ITSMATE ONLY AND SHOULD NOT BE SUCCESSORS DATED 8/5/85, PANEL 1 , ZONE C ." USED APPROXIA DETERMINE PROPERTY LINES. 1 FURTHER CERTIFY THAT THIS INSPECTION WAS PER' FORMED IN ACCORDANCE WITH THE "TECHNICAL STAND— SCALE: 1" = 20' DATE: MAY 14, 1998 ARDS FOR MORTGAGE LOAN INSPECTIONS' AS ADOPTED . BY THE MASSACHUSETTS ASSOCIA110H OF LAND SURVEYORS BOOK: 12132 PAGE: 443 CERT.# AND CIVIL ENGINEERS. THIS CERTIFICATION DOES NOT INCLUDE SHRUBS, WALLS, CONTROL #:P98-0917 L FENCES OR DRIVEWAYS AS THEY DO NQT'ALWAYS INDICATE SLS 98-138 PROPERTY LINES.