15 SUMMIT STREET - ZBA (2) L15 SUMMIT STREET (R-1)
GEORGE & MARIA COELHO - - -
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of Salem, ��ttss�zcltusetts
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DECISION OF THE PETITION OF GEORGE & MARIA COELHO RE0t8TTNG,%' i h'. SSA SS
A VARIANCE FOR THE PROPERTY LOCATED AT 15 SUMMIT STREET < <(id-`I) ii1 ,F
A hearing on this petition was held September 20, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen, Joseph Ywuc and Arthur LeBrecque. 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, owners of the property request a Variance to enlarge non
conforming structure at roof level on east side of the property located at
15 Summit Street (R-1) .
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 petitioners have owner the property for 4 years and their family
is growing larger.
2. The Ward 4 Councillor O'Leary spoke in favor of the petition.
3. There was no opposition to the request.
4. The plans call for adding a dormer on the east side of the structure.
5. The granting of this petition will enhance the quality of life for
the petitioner and allow a fuller use of the property.
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.
s
DECISION OF THE PETITION OF GEORGE & MARIA COELHO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 15 SUMMIT STREET (R-1) SEP 26 3 15
page two
C I I y Ot SALCH. MASS
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to 11g4'A ) fHc'CF
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Occupancy shall be obtained.
5. All construction shall be done as per the plans and dimensions
submitted.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Variance Granted
September 20, 1995
�I&I1 7,
Stephen Touchette, Chairman
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:-Jl the
Variance or- Special Permit granted herein shall not take effect un
copy of the decision bearing the certification of the City Clerk $
days have elapsed and no appeal has been filed, or that, if such a =
been filed, that it has been dismissed or- denied is- recorded in. tht-liaft
Essex Registry of Deeds and indexed under the name of the owner of"7ec6zd
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
w ..
/DATE OF HEARING
PETITIONER
LOCATION
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
S�-B-'-G'RRDY
STEPHEN TOUCHETTE
NINA V. COHEN
ASSOCIATE MEMBERS /
ARTHUR LEBRECQUE
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CONDITIONS:
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APPEAL CASE NO. .
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TO THE BOARD OF APPEAL:
The Undersignedrepresentthat hei�sslhhe is/are the owners of a certain parcel of land
located at:. . ../ i. .:?1::::"'�: . :T1.'...Street; Zoning District.. .. . j-'.1... .......
and said parcel is affected bv_ 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 I% A.1 of the Zoning Ordinance.
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ie Api�dsi,catibn for Permit was denied by the Inspector of Buildings for the following
reasonrs/:
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
ollowing reasons:
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Address---1....S kttl! .. :.......
Telephone_.. 4 1=, ol$t-1 (.............
r Petitioener.,.�¢o�ge� CoCAko
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Address.. . .r�...St'i":'9: ..5 :........
Date...y...3
........._5Telephone..
. By......�z�:5:�.. f.:.C� �.....
Three copies of the application mast be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of $............. four weeks prior to the
meeting of the Board of Appeal. Check payable to the Salem Evening News.
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.D O HEREBY CERTIPROFESSIONAL LAND suavevoR,
DAMERICAN SURVEYING COMPANY
FY THAT THE
ABOVE MORTGAGE INSPECTION 77 Rumford Avenue, Waltham, MA 02154 (617)893-6477
PLAN WAS PREPARED FOR
9r-/WEST MD („d(F IN
'CONNECTION INTENDED
TENDEW MORTGAGE Mortgage Inspection Plan
AND IS NOT INTENDED OR REPRE-
SENTED TO BE A LAND OR PROPERTY
THE LOCATION OF THE ORIGINAL RECORDED AT S
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LINE SURVEY. NO CORNERS WERE COUNTY REGISTRY OF DEEDS
SET. IT CANNOT BE USED FOR ES- DWELLING SHOWN HEREON EITHER BOOK 7097-8 PAGE 137 L.C. CerL#
rABL1SHING FENCE, HEDGE OR WAS IN COMPLIANCE WITH THE LOCAL PLAN REFERENCE:- ScnK 9.730
-WILDING LINES.THE LAND AS SHOWN APPLICABLE ZONING BYLAWS IN EF- DRAWN PER TOWN OF ASSESSOR'S
IEREON IS BASED ON CLIENT FUR- FECT WHEN CONSTRUCTED WITH RE- MAP# PARCEL# - DATED
'IISHED INFORMATION AND MAY BE SPECT TO HORIZONTAL DIMENSIONAL ADDRESS: /5 5u MMIT 67.EET_
;OBJECT TO FURTHER OUT-SALES, REQUIREMENTS ONLY),OR IS EXEMPT 6AC. M M
'AKINGS,EASEMENTSAND RIGHTSOF FROM VIOLATION ENFORCEMENT AC- BORROWER--.(22 6 MA¢.�,d -r raEL HD
NAY. MQ RESPONSIBILITY IS EX- TION UNDER MASS,G.L.TITLE VII,CHAP. G
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%R OCCUPANT, IT IS NOT INTENDED NOTED OR SHOWN HEREON, A CON- AS SHOWN ON NATIONAL FLOOD�JN$$URANCE P pIOGRAM FLOOD
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PROPERTY OR REQUIRED ZONING
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