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12 HANSON STREET - ZBA (2) 12 Ransoh St - 20 ( , 2 r ■ , s o �- o � m �l `0 = 0\1 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL I 120 WASHINGTON STREET♦SALEM, - --�-- MAS j 2 T N Qr 31 TELE:978-745-9595♦FAX.978-7 8 KIMBERLEY Dwscou MAYOR FILE # CITY CLERK, SALEM,MASB, May 29, 2013 Decision City of Salem Board of Appeals Petition of EDWARD POTVIN requesting a modification of a Special Permit per Sec. 3.3.3 of the Salem Zoning Ordinance in order to allow the expansion of a nonconforming structure at the property located at 12 HANSON ST (R2 Zoning District). A public hearing on the above Petition was opened on May 15, 2013 pursuant to Mass General Law Ch. 40A, § 11. The hearing was closed on May 15, 2013 with the following Zoning Board of Appeals members present: Ms. Curran (Chair), Ms. Harris (Vice Chair), Mr. Dionne, Mr. Duffy, Mr. Watkins, Mr. Eppley (Alternate) and Mr.Tsitsinos (Alternate). Petitioner seeks a Special Permit pursuant to Section 3.3.3 Nonconforming Structures of the City of Salem Zoning Ordinances. Statements of fact: 1. Edward Potvin presented the petition for the property at 12 Hanson Street (112 Zoning District]. 2. In the petition, April 8, 2013, the petitioner requested the modification of a Special Permit per Sec. 3.3.3 of the Salem Zoning Ordinance in order to allow the expansion of a legally nonconforming structure at the property located at 12 Hanson Street. The structure's prior enlargement and encroachment into the side and rear setbacks was granted by the Board of Appeals on February 15, 2012 3. The petitioner is requesting the modification of the Special Permit so a nonconforming structure may be expanded to increase cold storage. 4. At the public hearing no members of the public in attendance and spoke in favor or opposition to the petition. Additionally,no written comments from the public were received prior to the public hearing. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. The desired Special Permit modification may be granted without detriment to the public good and safety and without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. 2. As designed, the proposed development would be more consistent and visually pleasing to surrounding neighborhood than the current structural configuration. 3. In permitting such change, the Board Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the plans, documents and testimony, the Zoning Board of Appeals concludes: Salem Board of Appeals May 29, 2013 Project: 12 Hanson Street Page 2 of 2 1. The petitioner's Special Permit modification request to allow the expansion of a nonconforming structure is granted as conditioned. In consideration of the above, the Salem Board of Appeals voted to approve the Special Permit modification request. All the members voted in favor,with a 5-0 vote in favor (Nts. Curran (Chair), Ms. Harris (Vice Chair), Mr. Dionne, Mr. Duffy, Mr. Watkins) and none opposed. The Board of Appeals voted to grant the Petitioner's request for modification of a Special Permit subject to the following terms, conditions, and safeguards: 1. The 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 to 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 Structure. 6. A Certificate of Occupancy is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to, the Planning Board. / ..L, Z' _ /,,� Rebecca Curran, Chair Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permitgranted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed n ith the Essex South Registry of Deeds.