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61 ORD STREET - ZBA C:3o 61 ORD STREET (R-1) -- \ EDWARD ROSE C\ O OCT l a va (situ of "�ttlem, AissadjuseIits 3 s Paurb of (�kppeal °Q DECISION OF THE PETITION OF EDWARD ROSE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 61 ORD STREET (R-1) A hearing on this petition was held October 16, 1996 with the following Board members present: Nina Cohen, Albert Hill, Richard Dionne, Joseph Ywuc and Paul Valaskatgis. 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. Petitioner, requests a Variance from two sideyard setbacks and rear setbacks to build an addition for the property located at 61 Ord 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 footprint will be increased with an additional 970 sq. feet added. 2. The addition is for additional bedrooms and baths. 3. 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 EDWARD ROSE REOUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 61 ORD STREET (R-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 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 pians and dimensions which are to be certified, submitted to and approved by the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. Exterior finishes of the new construction shall be in harmony with the exterior structure. Variance Granted j 1 October 16, 1996 ��2 u L Paul Valaskatgis 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. 0 Board of Appeal LJ 0 !ATE :7 EHARING b� PETITIONER (�c/I. LOCATION h �0,�z MOTION: -O GRANT ;SECOND .tiMOMENT SECOND TO DENY SECOND — TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRANT DENY =_^END WITHDRAW RE-HEAR CONTI_ GARY E. SARRETT ALBERT C. HILL ✓ - JOSEPH YMC �- NINA V. CHER; RICHARD T=ONNE s ASSOCIATE 7ENBERS ARTHUR 1__.RE000E PAUL VALASK TGIS CONDITIONS: 01 ' �� APPEAL CASE NO. . . . . . . . . . . . . . IZl rM �1Tj l�i}rr7)7�f}E Q l ,•••���ALllii�7�y 3anur� of `AzpLal TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: • , 61. Ord Street R-1 • • • • • • • • • -- . . . . .. . ..Street; Zoning District. . .. .. . and said parcel is affected by Section(s) . . . . . ... . . . ... .. . .. . . . of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section L% A.1 of the Zoning Ordinance. (n !' mom*+ I Direct Appeal _' ¢ 2 0co ltd o.- o © M j e9 w a O J c- r v r W 6O Oji V � C7, The Application for Permit was denied by the Inspector of Buildings for the following reason(s): Direct Appeal The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: Variance from two- side yard setbacks and rear; setback Eo-buldlan addition. Owner. Edward Rose . . 61 Ord..St..reet. ... .. . .. ... .. . ...... . Address. 61. • - . .. . .. ..... ... ..... Telephone. • 508=744-1522 . . .. . . . . ... .... . Petitioner. . . .Edward Rose .. ... . . . .. . .. . .... ... ......... Address. .. _ • 61. Ord• Street• • •: Se tember 17, "" Date.. . . P . . . . . . . . .. .11996996 T . elephone. . . . . 508 744-1522 . . . .. . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeal with a check, for advertising in the amount of s... .. ..... .. . four weeks prior to the —"'—� "- 2�ie•BH � i$peal, Check oayabLe to the S'aiemEvening News. Job No. 574276 ,I LOT D LCT C LOT B ,aw,rroN r q WOCQ � I or M4 o F X7.2 5.5 l�� G _.T. " S E N r-- TC% AB0PPN D- �ro LL*@ This plan was not prepared from an instrument MORTGAGE LOAN INSPECTION survey. Offsets and distances shown should not LOCATION--E 1 ORO C,7 be used to establish property lines. SALE "I MA This plan is intended for mortgage purposes SCALE: DATE: 5-26 -i;7 only. I certify that the structure Lshown on this REGISTRY: =0. ESSFX Plan WAS in conformance with the zoning TITLE REFERENCE: RK- r,7�6 PC,'- 21�; setbacks in effect at the time of construction. R '4320 PL= 175 PLAN REFERENCE: l E I certify that the parcel shown is 1(' T located within a flood hazard area as depicted COREY & DONAHUE. INC. on FEMA Flood Insurance Rate Maps for Engineers&Surveyor Community No: 250102 1qS Cambridge Road,Wnburn, MA 01 SOI Job No. 874276 i i LO C LOT C LOT B T t Aov,rnoN D TY w°`q II #� I Or Mq qy o P 37.2 Z 5.5ORD `.T• ` S E -- TO A B O P, N iP 11 �P C �p LLAND�R" This plan was not prepared from an instrument MORTGAGE LOAN INSPECTION survey. Offsets and distances shown should not LOCATION I 1 ORD CT be used to establish property lines. �)Al EM MA This plan is intended for mortgage.purposes SCALE: = O DATE: 5-26 '137 only. I certify that the structure�(1Lshown on this REGISTRY: :=0. ESSEX ?Ian WAS in conformance with the zoning TITLE REFERENCE: PIK: ~,726 PC, 2IP II setbacks in effect at the time of construction. PLAN REFERENCE: F-9 :4320 PL'-17 j j I certify that the parcel shown is N CT located within a flood hazard area as depicted COREY & DONAHUE. INC. on FEMA Flood Insurance Rate Maps for Engineers&Surveyors Community No: 250102198 Cambridge Road,Woburn,MA 01801 Job No. 874276 i LOT C LCT C LOT B Aovtt•�N '. i i QTY. nb WOC4 #hl Of 37.2 P . ORD -T s E N -�-- TC ABORN RD- L LAW i This plan was not prepared from an instrument MORTGAGE LOAN INSPECTION j survey. Offsets and distances shown should not LOCATION: L ORO QT be used to establish property lines. �A F`,1 hqq This plan is intended for mortgage purposes SCALE: _ � O DATE: 5-26 -87 only. I certify that the structured Lshown on this REGISTRY: `,O. ESSFX Plan WAS in conformance with the zoning TITLE REFERENCE: RK: F77LG PC,, . 21 R setbacks in effect at the time of construction. PLAN REFERENCE: E-9 :4320 PL= 175 I certify that the parcel shown is ` C T located within a flood hazard area as depicted COREY & DONAHUE. 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