15 SUMMIT STREET - ZBA (3) J 15 SUMMIT STREET
- - _ GEORGE g MARIA COELHO J
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DECISION ON THE PETITION OF GEORGE & MARIA COEHLO REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 15 SUMMIT STREET (R-1)
A hearing on this petition was held February 18, 1998 with the
following Board Members present: Nina Cohen, Albert Hill, Richard
Dionne and Paul Valaskagis. 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 is requesting a Special Permit from non-conforming
structure to enlarge a second floor bedroom for the property located
at 15 Summit Street.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , which provides
as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4 , grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be
substantially more detrimental than the existing nonconforming use to
the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be
granted upon a finding by the Board that the grant of the Special
Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
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 . Petitioner would like to enlarge the second floor bedroom.
2. Petitioner states he has a growing family and needs the extra
space.
3. Mr. Blanchette, of 6 Summit Street appeared to speak in favor of
this petition.
4 . There was no opposition to this petition.
On the basis of the above findings of fact, and the evidence
presented, the Board of Appeal concludes as follows:
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DECISION OF THE PETITION OF GEORGE & MARIA COEHLO REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 15 SUMMIT STREET
page two
1 . The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2 . All construction shall be done as per plans and dimensions
submitted and approved by the Building Inspector.
3 . A11 requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
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.
6 . -. Certificate of Occupancy shall be obtained.
7 . Petitioner is to obtain approval from any City Board of
Cor fission having jurisdiction including, but not limited to, the
Planning Board.
SPECIAL PERMIT GRANTED
February 18, 1998
Paul Valaskagis, Member
Board of Appeal
DECISION OF THE PETITION OF GEORGE & MARIA COEHLO REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 15 SUMMIT STREET
page three
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 MGL 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 MGL 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 or 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
DATE OF HEARING
Aav,'
PETITIONER 6 V /cam
LOCATION /
MOTION: TO GRANT SECOND AMENMENT SECOND
TO DENY SECOND
I
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
.JOSEPH YWUC
NINA V. COHEN
RICHARD DIONNE n
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
PAUL VALASKATGISy
CONDITIONS :
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APPEAL, CASE NO. . . . . .
of 4E
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TO THE BOARD OF APPEAL.: `
The Undersigned represent that
... he/she is/are the owners of a certa- parcel of land
Located at: 15- 5, 2Mi _ 5t: _ _ _ . _.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 I% A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings
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�JonSs for the following
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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
Zoni.ng 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 iand purpose of the Zon
ing reasonss:: g Ordinance and Building Code for the follow-
Owner. EU 2AKA
C. ..1 ..
Address.
..... .............. .
Telephone. . . �_�_ - _)_.F ti (o
Petitioner. . .�CU�_
s 5 v . . . ... .... .......
Address. .
Date.... . . . . . . . . . . .......
. g - $ f 6
• '�' """ • - • Telephone. . .
By.. . ..... . . . ...... . ............ . ...... .
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 5.......
�rti� for Hvatd•of-eQrpeal. Check payable to tfie Taarem.Ev four weeks prior to the
P Heys_
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Professional Land Surveyors 8 Civil Engineers
MORTGAGE.INSPECTION ESSEX SURVEY SERVICE 1958 - 1986
PLOT PLO OF LAND OSBORN PALMER 1911 - 1970
LOCATED IN BRADFORD 8 WEED 1885 - 1972
59LE-M MASS.
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I, Christopher R. Mello, A Registered Land Surveyor, Do Hereby Certify That The Above Mortgage
Inspection Plot Plan Was Prepared For LOSD-,4112wC, LL>EDII6*14L In Connection With A New
Mortgage And Is Not Intended Or Represented To Be A Land Or Property Line Survey. No Corners
Fere Set. It Cannot Be Used For Establishing Fence, Hedge or Building Lines. No Responsibility
Is Extended Herein o The Land Owner Or Occupant. This Plan Shall Not Be Accepted For Recording,
The Location Of The Dwelling As Shown Hereon This Plan Has Been Prepared For
is In Compliance With The Local Applicable Conveyancing Purposes Only For The
Zoning By-Laws In Effect When Constructedi: Above Party And Is Not To Be Used
With Respect To Horizontal Dimensional N. For Boundary Measurements.
Requirements Or Chapter 481 Of 1987.
ciR e: Subject Property Is Located In
e C Zone On A Federal Insurance
y,>
i� , u t A�rti nTistration Designated Flood
S� �F ° 31317 0 Hazard Area, As Per Map 2.D A0 Z
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DATE: ,6uG '19
REFERENCE: BK_.9'f63 PG 32?.
40 LOWELL STREET
PEABODY, MASS. 01960
(508)531-8121
FAX(508)531-5920
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