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260 JEFFERSON AVENUE - ZBA (2) ' it ,260 JEFFERSON AVENUE j f l _T Legal Notice CITY OF SALEM BOARD OF APPEAL 97&745.9595,Ext 381 WO hold a public hearing for all per- sons interested in the petition submit- ted by MIRASH&AIDO BEGI request- , ing a Variance from side setback to allow existing addition for the proper- 1 ,,a ty located at 260 Jetferson Avenue. as Said hearing to be on Wednesday, L- October 15,2003, at 6:30 p.m., 120 of Washington Street, 3rd floor, Room d 313. I� Nina Cohen,Chairman .d (1013,8) 1 ,CITY OF SALEM9 MASSACHUSETTS y� BOARD OF APPEAL CIT1Y� �+©pFy-S(.1����� :6'IA �i 120 WASHINGTON STREET, 3RD FLOOR CLLE I�R,J't`1 r"' ' E SALEM, MA 01970 FAx (978) 740-9846 -ram UW STANLEY J. USOVICZ, JR. ; .1003 22 `P!-2 45 MAYOR DECISION OF THE PETITION OF MIRASH BEG[ REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 260 JEFFERSON AVENUE B-1 A hearing on this petition was held December 17, 2003 with the following Board Members present: Nina Cohen, Stephen Harris, Richard Dionne, Joseph Barbeau and Bonnie Belier. 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 setbacks to allow construction of an addition for the property located at 260 Jefferson Avenue located in a B-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. The Petitioner is requesting a Variance from side setback to allow an addition to enclose the rear entrance to the property at 260 Jefferson Ave. The side setback would be 8 feet instead of the 10 feet. 2. The abutter to the right side of the petitioner a Mr. Lysac was opposed to the petition because he felt the addition was to close to his property and that it was built without a permit. 3. Upon approval of the petition the owner will apply for a permit and bring the addition into compliance with the State Building Codes. DECISION OF THE PETITION OF MIRASH BEGI REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 260 JEFFERSON AVENUE B-1 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 4 in favor and 1 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 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans 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 the existing structure. Variance Granted December 17, 2003 C M�� Stephen Harris C� ' "� Board of Appeal, Member DECISION OF THE PETITION OF MIRASH BEGIREQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 260 JEFFERSON AVENUE B-1 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 MAP 23 LOT 78 MAP 23 LOT 85 50.00' 1 t 2 STORY 1 STORY BARN ON LINE t MAP 23 LOT 79 0 w MAP 23 LOT 81 o w o AREA - 5000 t S.F. oo S 0 0 O 3 O N MAP 23 LOT 82 PORCH I m m 1 STORY �— 1 t lyC.� h G'va •�� MAP 23 LOT 80 2 STORY �� ' DWEWNG #260 /5 �0✓� tco( as �'h „1 STORY 50.00' 4't f f f(����fff \-ON LINE t JEFFERSON AVENUE Y OF 144 qC 5 GAIL Gs d/c L. SMITH PLOT PLAN OF LAND o.35043 0 I CERTIFY THAT THE BUILDINGS 'oF O N 260 JEFFERS_ON AVENUE SALEM, MA HEREON ARE LOCATED ON sSorotii Lattoso PROPERTY OF THE GROUND AS SHOWN. MIRASH BEGI 'Z �7 -� SCALE 1" = 20' DECEMBER 17, 2003 A REG. PROF. LAND SURVEYOR NORTH SHORE SURVEY CORPORATION 47 LINDEN S_T., SALEM, MA #2193