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79 SCHOOL STREET - ZBA
ro 79 SCHOOL STREET � ILENE SINONS VJ ,ice 1 � 1 `Y tir; ISA' ) Legal Notice i CITY OF SALEM BOARD OF APPEAL ` 97&745-9595,Ext 361 will hold a public hearing for all per- sons interested in the petition submit- ted by ILENE SIMONS requesting Vari. , ances from rear setback and front set- back to construct 2 additions for the property located at 79 SCHOOL STREET R-2.Said hearing to be held on WEDNESDAY,MARCH 19,2003 at t 6:30 p.m., 120 WASHINGTON ; STREET,3rd FLOOR,ROOM 313. Nina Cohen,Chairman (315,12) I 1 E I'iA s CHIRK'SOrtfCE. (978) Ids 9595 r;'.X (c78) 74G 9846 S7,AKLEY J. USOViCZ; JR. MAYOF 2003 MAR 2U P 1: 53' DECISION OF THE PETITION OF ILENE SIMONS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 79 SCHOOL STREET B-1 A hearing on this petition was held March 19, 2003 with the following Board Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Bonnie Belier and Joseph Barbeau. 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 Variances from setback and rear setback to construct 2 additions.for the property located at 79 School Street located in a B1 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. I 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. David Jaquith, Architect for the petitioner appeared and presented the plans of the addition. 2. Plans were shown showing the 2 additions. The proposed additions will create setbacks of 11 feet and 14 feet. 3. A petition signed by 20 neighbors was presented to the Board. 4, Jim Hacker, Councillor Bencal and Elizabeth LeClerc spoke in favor of the petition. 5. There was no opposition to this petition. DECISION OF THE PET I-ION OF ILENE SIMONS REQUESTING VARIANCE FOR THE PROPERTY LOCATED AT 79 SCHOOL STREET 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 5-0 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 structure. VARIANCE GRANTED MARCH 19, 2003 Nicholas Helides SSC Board of Appeal 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 David F . Jaquith', ATA Architects & Planners 19 February 2003 - Mr. & Mrs. William Simons ' 79 School Street " Salem, MA 01970, Re: Simons Addition To The Salem Board Of Appeals: Listed below are the abutters& neighbors who have reviewed without objections to the plans for the proposed addition at 79 School Street, Salem, Massachusetts. NAME ; ADDRESS r 1. + P n�eco 4—cit / 2! Oi ///—I � _` 7 We 10, ell 12 , 8 Enon Street , Beverly , Massachusetts 01915 °Tel . 978 927 . 7501 Fax 978 927 • 0068 David F . Jaquith , AIA Architects & Planners 19 February 2003 Mr.& Mrs. William Simons 79 School.Street Salem, MA 01970, Re: Simons Addition To The Salem Board Of Appeals: Listed below are the abutters& neighbors who have reviewed without objections to the plans for the proposed addition at 79 School Street, Salem, Massachusetts. 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