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24 GROVE STREET - ZBA 24 GROVE STREET _ - RAYMOND h BARBARA HAIGHT - I J V^ T 1 ofttlPm, ttssttcllusetfs �Rnarb of '' rpeal Nar 19 3 22 Ptl 198 C1iY OF "LFM. MASS C.ICRK'S OIFICF DECISION OF THE PETITION OF RAYMOND & BARBARA HAIGHT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 24 GROVE STREET R-1 A hearing on this petition was held May 20, 1998 with the following Board members present: Nina Cohen, Paul Valaskagis, Michaeljard, Ronald Harrison and Stephen Buczko. Notice of the hearing was sent ya�Qtt9 s and others and notices of the hearing were properly published inhe a1 2Qvpoits News in accordance with Massachusetts General Laws ChQW" • 40A.r �00 CI 1-RKSnCI N MA Petitioner requests a Variances from side setbacks to allow e�@Ab risof existing deck for property located at 24 Grove Street. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2 . Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal , after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1 . The petition was presented by Manual Raymond. 2 . The petition was to enclose an existing deck not to exceed the existing roof line. 3. Plans were submitted that were 10 years old which were not accepted, but Mr. Coggin made the comment that without plans there would be no approval by the building department. 4 . There was no opposition to this petition. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property and not the district in general. 2 . Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3 . Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. DECISION OF THE PETITION OF RAYMOND & BARBARA HAIGHT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 24 GROVE STREET page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3 . All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 4 . A Certificate of Occupancy is to be obtained. 5. Petitioner shall obtain a building permit prior to beginning any construction. 6. Petitioner is to obtain approval from any City Board of Commission having jurisdiction including, but not limited to, the Planning Board. 7. Exterior finished of the new construction shall be in harmony with the existing structure. 8. Proper plans to be submitted to the Building Inspectors Office. Variance Granted Pray 20, 1998 ,� r�"'er CSC , Paul Valaskagis, Member 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 certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it 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. c; v Board of Appeal r oX N �o ny N vg�CO T n ����rhlN6 Salem Historical Commission ONE SALEM GREEN, SALEM,MASSACHUSETTS 01970 (978)745-9595 EXT 311 FAX(978)740-0404 May 19, 1998 Gary Barrett, Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Chairman Barrett: The Salem Historical Commission is in receipt of your agenda for May 20, 1998 and offers the following comments: • 24 Grove Street was built in 1871. While the Commission takes no position on this proposal, we hope that any new construction or alterations would be sympathetic in design. If requested by the Board of Appeal as a condition of approval, we would be pleased to provide design review. • 47 Ocean Avenue is located in the Lafayette Street Historic District. Any alterations or improvements to the exterior of the property (including signage, vents, etc.) will first require approval by the Salem Historical Commission. • 301 Lafayette Street - While this property is located in the Lafayette Street Historic District, the rebuilding of the structure to its original status is excluded from review by the Commission as provided in the Salem Historical Commission Ordinance Section 5.6.4 which defines such exclusion as "the reconstruction, substantially similar in exterior design, of a buildings, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due dilligence". Should the owner plan to deviate from the color, material, design or outward appearance of the structure as it existed prior to the fire, such alterations will require Commission approval. However, should the owner want advice or comment on the proposed construction plans, the Commission would be pleased to provide an informal review. Thank you for your consideration. Sincerely, THE SALEM HISTORICAL COMMISSION Helen Sides Chairperson