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15 SUMMIT STREET - ZBA (3) J 15 SUMMIT STREET - - _ GEORGE g MARIA COELHO J rnv v\� 1 Titu of Salem, {` ussarijil etts `a4 s Pnttra of At�ettl KG8 3 2 44 Fj 'GO C;t Y ,- "tCitK'$ pFft.1ASS 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: r 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 : S L I4 r-e/v� A i APPEAL, CASE NO. . . . . . of 4E �nar� ui �uFrzd 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. L..: T CL _ LtJ ` � C CJ M .J cl� co c:6 o IM N �x r• "7 U 0. 1 F r v Ta G1 �+ The Application for Permit was denied by the Inspector of Buildings m re1a/s (s): �JonSs for the following /"�.(iL 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_ omn 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. LA 'PL AtJ T r` so yovNG Lrtn -7IgO -* SF Loi- 3 � M J J7Ec% _ i d � -EXisTr�G .� �DtaEL�in.7U a ►�° Is ug.s Svv�N iT ST: _ 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 c E. :• DATE: ,6uG '19 REFERENCE: BK_.9'f63 PG 32?. 40 LOWELL STREET PEABODY, MASS. 01960 (508)531-8121 FAX(508)531-5920 I I i I I _ I_.- ilp i I ' I -AlI i ! - I i I - - I I - ! I _ I I -- i UI LU I i I i I { --L I I I I -- I I 1 I i i I I I I _ i I 1- i i I _ I J - -- ul s II I 1Ns( ! I I j II i I . . 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