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15 SUMMIT STREET - ZBA d u 11 �Lr 15 SUMMIT STREET _ GEROGE COEHO I !lll -�n tov, 11ASSdNGS,1t1Cd e � �--� J) 1 J ��� �/ \ � � \� / "'� �./ ./' .� � J ,�_ s i Legal Notice CITY OF SALEM BOARD OF APPEAL 745.9595 EXT.381 Will hold a public hearing for all persons interested in the petition sub- miffed by GEORGE COELHO requesting to Variances from side setback to construct an addition for the property located at 15 SUMMIT i STREET R-1.Said hearing to be held WEDNESDAY AUGUST 15,2001 at 6:30 p.m., 120 WASHINGTON STREET 3RD FLOOR. Nina Cohen Chairman - J CtV of ,%leM, cfflZ'5!5aC11U%ettAiY OF SALEM. MA CLERK'S OFFICE �uttra of ��ettl .2001 AUG 22 P 2-- 58 DECISION OF THE PETITION OF GEORGE COELHO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 15 SUMMIT STREET R-1 A hearing on this petition was held August 15, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Helides. 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 side yard setback. Ordinance calls for a 10 foot setback and the proposed addition will be four feet, six inches form side lot line.The property is located in an R-1 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. 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. The petitioner appeared and represented himself at the meeting. 2. Plans were submitted showing the proposed addition. 3. There was no opposition to the plans. i i DECISION OF THE PETITION OF GEORGE COELHO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 15 SUMMIT 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 concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general. 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 4-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, 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 the plans and dimensions submitted. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing construction. Variance Granted August 15, 2001 Richard Dionne Board of Appeal 1 DECISION OF THE PETITION GEORGE COELHO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED 15 SUMMIT STREET R-1 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 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 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