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10 GLENDALE STREET - ZBA it i VA� �J? 10 GLEMALE STREET J I t r e fLegal Notice J+ CITY OF SALEM BOARD OF APPEAL 745.9695 Ext.381 Will hold a public hearing for all persons interested in the petition sub- mitted by JOSEPH CAMILO request- ing a Variance from number of stories for property at 10 GLENDALE STREET R-1.Said hearing to be held on WEDNESDAY,MARCH 17,2004 AT 6:30 P.M., 120 WASHINGTON STREET,3RD FLOOR,ROOM 313. Nina Cohen Chairman (3/3,10) 1 .. o CITY OF SALEM, MASSACHUSETTS CI1Y 01- S ;LEN Ma .1 6 BOARD OF APPEAL CLERK OF u FICE Z i _ 51 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 �a MNg TEL. (978) 745-9595 FAX (978) 740-9846 IODU Mgl12 STANLEY J. USOVICZ, JR. 3 P MAYOR DECISION OF THE PETITION OF JOSEPH CAMILO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 10 GLENDALE STREET R-1 A hearing on this petition was held on March 17, 2004 with the following Board Members present: Nina Cohen, Stephen Harris, Nicholas Helides, Bonnie Belair 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 number of stories to add a bathroom for the property located at 10 Glendale Street located in a R-1 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 Joseph Camilo presented the petition, which is based on his desire to construct a third floor bathroom. 2. The property is an existing 2 family. 3. In response to a question on the amount of on site parking the petitioner responded that up to 6 cars could park on site. 4. Roger Beaulieu of 14 Glendale Street wanted to see the plans, as did other neighbors in attendance. After viewing the plans, Beauliew stated that he has no objection. 5. Judy Beauliew inquired if the property would remain as apartments or would Convert to condominium ownership. The petitioner responded that it would remain as apartments at the present time. A DECISION OF THE PETITION OF JOSEPH CAMILO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 10 GLENDALE STREET R-1 page two 6. Joseph Kervin of 21 Glendale St asked why this was needed? The petitioner said that it is part of a general renovation of the property. 7. Tim Van W ey of 30 Ocean Ave expressed concern over the number of stories and bedrooms, and the narrow dead end street, which cannot handle a lot of on street parking. 8. Plans were shown of the proposed project. 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 statutes, ordinances, codes and regulations. 2. All construction shall be done as per plans 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 construction. 6. Petitioner shall obtain a Certificate of Occupancy. Variance Granted March 17, 2004 "A -41 //4 Nicholas Helides (Sco� Board of Appeal, Member I _ I 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