Loading...
13 HARROD STREET - ZBA I� o 13 HARROD STREET r , 4iKI 1 1 i r..,a[y oalirier, Legal Notice s 0 CITY OF SALEM BOARD OF APPEAL 978-745-9595,Ext.381 b will hold a public hearing for all persons interested in the Petition sub- mitted by MANUEL RAYMOND requesting a Variance to add a313 story addition for property I HARROD STREET,R-2.Said hearing will be held on WEDNESDAY,JANU- ARY 15, 2003, at 6:30 P.M., 120 WASHINGTON STREET, 3rd FLOOR,ROOM 313. Nina Cohen,Chairman (1/2,8) _.._ i .Otis �.'�. f 't F `-ds.t_,¢�V,. rRnt1SSiS `I,.l..k":L� C11 OF SALEM. MA BOARD OF APPEAL CLERK'S OFFICE 7 MVV 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595. FAX (978) 740-9846 .1003 JAN I b P 3� 46 STANLEY J USOVICZ, JR. MAYOR DECISION OF THE PETITION OF MANUEL RAYMOND REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 13 HARROD STREET R-2 A hearing on this petition was held January 15, 2003 with the following Board Members present: Nina Cohen, Bonnie Belair, Nicholas Helides, Stephen Harris and Joan Boudreau. 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 Variance to add a 3rd story addition for the property located at 13 Harrod 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. Petitioner appeared and presented his plans to the Board. 2. Petitioner stated that the home would remain a single family. The third floor would add 2 bedrooms for his family. 3. City Councillor Mike Bencal spoke in favor of the petition. 4. The owner of 48 Phillips Street, which abuts the subject property, presented his concerns regarding water run off form the changed roof structure and closeness of existing structures and structural concerns. 5. The Building Commissioner addressed both concerns of the aforesaid abutter, indicating no concerns with either. i DECISION OF THE PETITION OF MANUEL RAYMOND REQUESTING VARIANCE FOR THE PROPERTY LOCATED AT 13 HARROD 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 fhe purpose of the Ordinance.. Therefore, the Zoning Board of Appeatvoted-5-0 of 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 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Exterior finishes of the new construction.shalI be in harmony with the existing structure. 4. All construction shall be done as per plans submitted and approved by the Building Commissioner. 5. A Certificate of Inspection shall be obtained. 6. Petitioner shall obtain a building permit prior to beginning any construction. VARIANCE GRANTED JANUARY 15, 2003 Nicholas Helides CSCi�� Board of Appeal i 1 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 i // CII Y OF SALEM. MA BOARD OF APPEAL CLERK'S OFFICE Y 3, 7 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 - �o���r�n`ti-"�'��e TEL. (978) 745-9595. - FAx (978) 740-9846 1003JANI b P 3: 4b STANLEY J. USOVICZ, JR. - MAYOR DECISION OF THE PETITION OF MANUEL RAYMOND REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 13 HARROD STREET R-2 A hearing on this petition was held January 15, 2003 with the following Board Members present: Nina Cohen, Bonnie Belair, Nicholas Helides, Stephen Harris and Joan Boudreau. 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 Variance to add a 3`d story addition for the property located at 13 Harrod 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. Petitioner appeared and presented his plans to the Board. 2. Petitioner stated that the home would remain a single family. The third floor would add 2 bedrooms for his family. 3. City Councillor Mike Bencal spoke in favor of the petition. 4. The owner of 48 Phillips Street, which abuts the subject property, presented his concerns regarding water run off form the changed roof structure and closeness of existing structures and structural concerns. 5. The Building Commissioner addressed both concerns of the aforesaid abutter, indicating no concerns with either. 1 DECISION OF THE PETITION OF MANUEL RAYMOND REQUESTING VARIANCE FOR THE PROPERTY LOCATED AT 13 HARROD 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 fhe purpose of the Ordinance. Therefore, the Zoning Board of Appeatvoted-5-0 of 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 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Exterior finishes of the new construction.shalI bean harmony with the existing structure. 4. All construction shall be done as per plans submitted and approved by the Building Commissioner. 5. A Certificate of Inspection shall be obtained. 6. Petitioner shall obtain a building permit prior to beginning any construction. VARIANCE GRANTED JANUARY 15, 2003 Nicholas Helides Board of Appeal R 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