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7 NURSERY STREET - ZBA �- IJ��s�,� S�-� Additions FitzGerald Kitchens .Baths CONSTRUCTION Renovations.Repairs Light Commercial Raymond H. FitzGerald FitzGerald Construction Services Inc. 2 Orchid Circle - wrvrv.FitzCon.com Burlington,MA 01803 781.750.8042 email FitzGerald.Ray@Verizon.net fax 781.229.0585 Cj,� - 331-93'y -034 � � `771 -� OND17,gAO CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR ( Q SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 C4'MrNeW� FAX: 978-740-9846 qqfp!() FEBKIMBERLEY DRISCOLL 20H E _ � A II: 0b MAYOR CITY February 1,2011 Decision City of Salem Zoning Board of Appeals Petition of KEVIN&AMY KING requesting a Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance to extend a nonconforming structure,in order to add a second story and 8'x 12'addition to the single family house on 7 NURSERY STREET (R-2 Zoning District). A public hearing on the above Petition was opened on January 19,2011 pursuant to Mass General Law Ch.40A,$ 11. The hearing was closed on January 19, 2011 with the following Zoning Board of Appeals members present: Elizabeth Debski,Richard Dionne,James Tsitsinos (alternate),and Bonnie Belair(alternate). Petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning Ordinances. Statements of fact: 1. Petitioners Kevin and AmyKing represented themselves at the hearing. 2. In a petition date-stamped December 29,2010,petitioners requested a Special Permit to extend a nonconforming structure by adding an addition to their existing single-family house. 3. At the hearing,three residents spoke in support of the project. No one spoke in opposition. 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. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. 2. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings and all evidence presented at the public hearing including,but not limited to,the Plans,Documents and testimony,the Zoning Board of Appeals concludes: 1. A Special Permit is granted to extend a nonconforming structure. In consideration of the above,the Salem Board of Appeals voted,four(4) in favor(Debski,Dionne, Tsitsinos and Belau) and none (0) opposed,to grant petitioner's requests for a Special Permit subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. 2 2. All construction shall be done as per the plans and dimensions subrrtted to and approved bythe 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 perrrtit 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 shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 8. Petitioner is to obtain approval from any CityBoard or Commission having jurisdiction including, but not limited to,the Planning Board. 9. Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area or more than fifty percent (50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its floor area at the time of destruction,it shall not be reconstructed except in conformitywith the provisions of the Ordinance. Elizabeth De sn Salem 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 Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. MAR-17-2804 17:18 FROM:BARRY°^BLIVAN 7819422437 TO:CD NOPi,= P:1 MORTGAGE INSPECTION PLAN SULLIVAN SORVEY P.O.BOX 813 - N OF WOBURN MA•0188"913 TEL(781)944-8750 BAM4 FAX (781)9421437 StRLNAN c� waft ` - 1 1' 6Hd; ' Sf M a` pd)&."r r v �V'U.�'SG"RY ST THIS TAPE SURVEY, CERTIFICATION & M132TGAGE INSPECTION PLAN ARE MADE FPR THEUSE OF FOR MORTGAGE PURPOSES ONLY BASED ON MY KNOWLEDGE, INFORMATION '& BELIEF, I CERTIFY THAT THE BUILDING ES3 'CONF13RM'ES3 TO T14E ZONING BY-LAWS EDIMENSIONAL REQUIREMCMTS3 OF THE TOWN JI 13F___rd1-Cw ,.MASSACHUSETTS THE STRUCTURE ES3 IS/Ak(jo IN THE SPECIAL FLOIID HAZARD AREA AS SHOWN THE FEDE�EMERGENCY MANAGEMENT AGENCY MAP OF THE TOWN -OF' SS'A MASSACHUSETTS COMMUNITY PANEL NUMBER SO/O? FLOOD INSURANCE RATE MAP EFFECTIVE DATE TOWN / DATE REGISTRY REFERENCE SCALE SAG_GJ!9 3/lL/80o¢ E�fEX 1 IM, =ze5 �mmnoio _ 1 NIIaLERY rW ® ® z N _ � F h \I O a G rnour¢evdnoN jjjYYYyyy z aloNi�drioN n qnR w Nis k pN180.]pl4- MBOX 916 BUgL box 11 MA W� (�� � III almmmrNnaru ® ®� IB rn.munwn wxrwv.�vwNwmx L�r¢Evdnou RE4R ELMdiION L�4L i f0 iP PROPOSED ADDMON TO THE KING RESIDENCE 7 NURSERY ST.SALEM,MA