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11 1/2 SUTTON AVENUE - ZBA 1112 Sutton fit (R-1 Robert Doyle (Owner) McElwain (Petitioner) _ Ron Mclwa � 1 t , f�iity of �ttlem, � usstt�ltusetts Botts of Appeal DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) , ROBERT DOYLE (OWNER)FOR A SPECIAL PERMIT AT 11 1/2 SUTTON AVE. (R-1 ) A hearing on this petition was held February 19, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette. 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 to extend nonconforming structure to allow construction of an addition. The property is located in an R-1 district and is owned by Mr. Robert Doyle. 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 Section 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. There was no opposition to the request. 2. The increase in size requested by the petitioner is very small. DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) ,ROBERT DOYLE (OWNER)FOR A SPECIAL PERMIT AT 11 1/2 SUTTON AVE. , SALEM page two 3 . The abutter at 11 Sutton Ave. , the property most affected by this construction, spoke in favor of the petition. 4. The proposed addition will not have a negative impact on the neighborhood. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested 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. 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, 5-0, 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 the plans and dimensions submitted and by legal building permit. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Exterior finishes of the decks shall be in harmony with existing structures. 5. A certificate of occupancy is to be obtained by the petitioner. n r DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) , ROBERT DOYLE (OWNER)FOR A SPECIAL PERMIT AT 11 1/2 SUTTON STREET,SALEM page three SPECIAL PERMIT GRANTED February 19, 1992 /_ti.7✓ Francis X Grealish, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this deciison, 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 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 to 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 rC,J c,� ly b (tlitt� of -�tttcm, ^fttssadlusetts Boura of .�apeal DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) , ROBERT DOYLE (OWNER)FOR A SPECIAL PERMIT AT 11 1/2 SUTTON AVE. (R-1) A hearing on this petition was held February 19, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette. 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 to extend nonconforming structure to allow construction of an addition. The property is located in an R-1 district and is owned by Mr. Robert Doyle. 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 Section 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. There was no opposition to the request. 2. The increase in size requested by the petitioner is very small. DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) ,ROBERT DOYLE (OWNER)FOR A SPECIAL PERMIT AT 11 1/2 SUTTON AVE. , SALEM page two 3. The abutter at 11 Sutton Ave. , the property most affected by this construction, spoke in favor of the petition. 4. The proposed addition will not have a negative impact on the neighborhood. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested 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. 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, 5-0, 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 the plans and dimensions submitted and by legal building permit. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Exterior finishes of the decks shall be in harmony with existing structures. 5. A certificate of occupancy is to be obtained by the petitioner. DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) , ROBERT DOYLE (OWNER)FOR A SPECIAL PERMIT AT 11 1/2 SUTTON STREET,SALEM page three SPECIAL PERMIT GRANTED February 19, 1992 r Francis X Grealish, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this deciison, 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 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 to 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 4J ^r '=r c� v qA (1�ity oftticm, � uSSUCIIusPttB s -Snttra of ,A, p d a DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) , ROBERT DOYLE (OWNER)FOR A SPECIAL PERMIT AT 11 1/2 SUTTON AVE. (R-1) A hearing on this petition was held February 19, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette. 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 to extend nonconforming structure to allow construction of an addition. The property is located in an R-1 district and is owned by Mr. Robert Doyle. 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 Section 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. There was no opposition to the request. 2. The increase in size requested by the petitioner is very small. DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) ,ROBERT DOYLE (OWNER)FOR A SPECIAL PERMIT AT 11 1/2 SUTTON AVE. , SALEM page two 3. The abutter at 11 Sutton Ave. , the property most affected by this construction, spoke in favor of the petition. 4. The proposed addition will not have a negative impact on the neighborhood. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested 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. 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, 5-0, 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 the plans and dimensions submitted and by legal building permit. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Exterior finishes of the decks shall be in harmony with existing structures. 5. A certificate of occupancy is to be obtained by the petitioner. DECISION ON THE PETITION OF RON MCELWAIN (PETITIONER) , ROBERT DOYLE (OWNER)FOR A SPECIAL PERMIT AT 11 1/2 SUTTON STREET,SALEM page three SPECIAL PERMIT GRANTED February 19, 1992 Francis X Grealish, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this deciison, 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 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 to 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 4a ^,e c , �0 a Cita of ttlem, ttssttclluse#te PattrD of Appeal • r March 4, 1992 NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEENFFILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITII{ON OF RON MCELWAIN (PETITIONER) AND ROBERT DOYLE (OWNER) FOR A SPECIAL PERMIT TO ALLOW CON- STRUCTION OF AN ADDITION AT 112 SUTTON AVE. BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board f20 rom this decision,if anY,shall be made pursuant to Section.l7 0 Lavr>� chapter 808, and shall be filed vrithin ce da s 808, Section 11,the\`aria eco date of tiHn,y of tris decision in the office of the City C;e k• Gene;zl Laws, Chap , rS'::;tt r• here. snal' at talo err:.ct until a car r.' ,,: ., .....,. F_rnnt SrBente Cle,k that 2' �.- ;nc the certi4.cation cf the CPtY h or that if u _ al has been ftlad, ,,,::p,that a has been ash sse indexed under the name ord or denied is dth,rwlner of re-0o ur ez;i=try of Deeds the owner's certificate of Titfa- is MCC),,ed and noted an BOARD OF APPEAL DATE OF HEARING PETITIONERrjZj LOCATION MOTION: -0 GRANT �Q SECOND r TO DENY << SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND 0 CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE RICHARD BENGAL !� RICHARD FEBONIO FRANCIS GREALISH �EDWAAD LUZINSKI / STEPHEN TOUCHETTE [/ ASSOCIATE MEMBERS RONA PI NTJi AR UR LABRECQUE CONDITIONS: C. D , APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . T (Qtttl IIIttlr�m, {tt55ttL�i123P5 �, J�L�6 TO THE BOARD OF APPEALS: he dnaersigned re eyy��nt .hat /,.�1 .re he owners T ertain oarcei or lana ioc�teq -/• • . . . . . . . . . . . . . . . . . . . . . . . .treet: _Lnina Oistrict. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ana ta10 z3rcel 13 aTTeCT_e7 :)'/ . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Insoector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. S2 a n e.• -j' m o 0 C N C2 The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals 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 dero- gating from the intent Ind purpose of the Zoning Ordinance and Building Code for the following reasons: G_'i9/l l� g ,,m,o� out./ �"` ,� _ �• r >_ } Owner. klgMll ►�o'.:�^:�..... Address.&./ . . !r! .rtr�.......... .... .. Telephone..'y —. 9./. ..... .. . .. . .. Petitioner a ..... .• •••• Address. . Date. . 0 / "t71,2 . Telephone.. .9. . .�. .. ..�.b. By. . .. ....l�..'..�r..i.•.L..•l.."0..•L....... Three copies of tie application must be filed. with the Secretary of the Board of hhf�e ...... Appeals with a c ck. for advertising 1n the amount of............. .. . . four weeks prior to the meeting of the Board of Appeals. Check payable to The JAN JO PIT.. ASSESSORS MAP NO 45,`Lbr ZOW/N&% R-1 REfERENaM PLAJv BOOK ? PLA." 3.; DEED BOOK 33", PAGE SUTTON A VFJgH 50.0 (DEED) PICKET W FENCE w 1 1/2 STORY WOOD-FRAME 3 DWELLING/ fRANpS J HlVALEN (11� C) Q WLUAM A do AIR/AM F. o o BRESIVAHAN Q o Q�' / Lci % Lj JANE CUNN/fFE oho � VQ o h 50.0 DEED _ PORCH``•, 6' POR 77ON OF PORCH / / i TO BE' LE REMOVEDSTOCKADE EXIS77NG PROPOSED FENCE / , I I ; AD0177ON WOW£LL1NG/ EXIS77NC STORY ADD177ON 50.0 DE ( TO BE REMOVED ) 71 WIRE FENCE .. ...e07 7 SOPH/E PLEti'NOCA DIANE M. ROWAND MICHAEL D, CAR7ER y F''Mn .Si rC DIS^ Lq?'M !3. 4\Y 2N. F' G -;6 �, y �'."Rryq"' , NrvNi"... v- �'VS'.v V f Yt eZ a .(vr�e rp h •C•-•�. ,� h,K.: if.�,,:, m_ __ y r t 'S0.='rt�jd r: h.' frya .y�, N �, ,mac k."&, i;•.FE ,v� ,SAF t.__-1:y1 i�.' �, ;,`Y,+i�Zr� ..v.Y X 3 �� �?1 , l wyr��'X F'ts¢"' .. .. ' •sem,., y,v ASSESSED LOT AREA = 1,750 t S.F. CALCULA7E•D EXIS77NG LOT COVERAGE = 49.0.? MWIT E'EN CALCULAMID PROPOSED LOT COVERAGE = 50.9% OF LAND X 4 CRAIG ` Var�AcU wa PREPARED FOR iy K .p1 v {., fi SCS s: � y .. �:'BONALD /QC E:j !4 FXSLSTING �t � � F1Eu kar.7�rsOnJ �'•E�_.' � 1. �1t14' C f•Apl'•^R.RpS !0 7�as F"�� � ate. � 17 ��' Qd�srroN 4 Ric-aur�N z'tir'o AZY5 zVrr-.v Arg c N ) S. ---• / / yao+ 'T4 a oe bb Q r� y�\ oo t 7 ',.;s '' �y`h 6 �o� ° pyo `� '� � • A i r .a 0 ,+ v. 0019 a9 610A 44 6 ° V a }ys o Z9 AOs SZ50 6451 6555 Al, g\ 'n0 � °yam• �. 0 . o s� s tic' t� 0 616 AyG Ci AS A ` 5610 g A100 .o° ��W l0da , 9A50- 69 •� � � \��. s ,, V • G `�� V.t\ 1150 '(5 5• �'° ,\ ,��'"° Al IJ 0 t00 200 800 400 500 FEET �T�•95i9rnt"•F�•61� itidA�710!A' . -i / CITY Or SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing tor all persons inter- ested in the petition submitted by Ron McElwain for Variance and/or special Permit to allow con- struction of an addition at 11Y Sutton St. (R-1). Said hearing to be held Wednesday,February 19, 1992 a1 7:00 P.M., One Salem Green, 2nd floor. RICHARD A. BENCAL, Chairman February 5, 12, 1993 - SN75493 CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by Ron McElwain for Variance and/or special Permit to alloW con- struction of an addition at 11'/, Sutton ebruary t9, Said hearing to be held Wednesday, 1992 at 7:00 P.M. One Salem Green, 2nd floor.n RICHARD A. BENCAL, SN75493 I ehruary 5, 12, 1992 CITY.OF SALEM BOARD OF APPEAL 745-9595 ESL. 381 Will hold a public hearing 1'0r all persons inter- ested in the petition submitted by Iton McElwain I'or Variance and/or special Permit to allow con- struction of an addition at 14b, SuttonFebruarR 119, Said hearing to be held Wednesday, 5' 1992 at 7:00 1'.M., One Salem Green, 2nd floor. RIC14ARD A. BENCAL, Chairman February 5, 12, 199- CITY OF SALEM ' BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by Ron McElwain for Variance and/or special Permit to allow cmi- struction of an addition at I,,/r SuttonSt. (y 19, Said hearing to be held Wednesday, 1992 at 7:00 P.M. One Salem Green, 2nd floor. RIC,}LARD A. BGNCAL, Chairman FebruarY 5, 12, 1992 T M Y'Y Y T T T T T Y Y T 4 4..Y • 4 i 4 T Y i T Y M T Y Y Y Y Y.1 Ct;rY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by lion McElwain 1'or Variance and/or special Permit to allow con- struction of an addition at III/, StiltoniFebruary 19, Said hearing to be held Wednesday, 1992 at 7:00 PAI }1One I?O A.m Green, 2nd BENCAL, Chairman Pbbruary 5, 12, 1992 SN75493 i i'_iS. .�}_� i' M ! 4 T T 4 ! M M ! ! M M Y T 4 ♦ ♦ • e Y M k.4 . I APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . of �UjgM �Nng5arhusPtts 9 �umm. TO THE BOARD OF APPEALS: -he Undersigned rept sen that ::.-e is are :he owners or a certain oarcei of lana to ated at fl0. . . .//. ;��2. . . � . . . . . . . . . . . . . . . . . . . . . . . . . `-treet-, Lomng District.�".j. . and said parcel is affected by Seczionis ) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. r CD W m O O N [V N W Ld co YK W _ U_ O W W O �O >_ C — 2 The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals 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 dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: or r /,lc Gc e_ /�•, nuje� �( Owner. . . . . . . . r� Address. .. . .��. . . . . . . . . . . . Telephone. .C��y/- A . . Peti ti aner. :/.ry�� !( . . .. ... .. W�/!,. . . . . . . n Address. . �� � % V `� . . . . Date. . . .C1aAa . . . . . . . Telephone. . .�.'9 .�o�.�L . . . . . . . . . . . . . . . . . By. . .y �. . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. Y µ r j � w I'PHINN 10BOARD I11 \1'11 APS 'n i 1'I IIIInNIfK__....._.._ _.._._..... a ADDRI SS.__.. . t ONDI I IONS ... .............................................. ... .............. _.........................................__.................. - PEII1ION APPROVED.................... Q' DENIED............ _ ......... .................................................... 19......... CORRECTION City of Salem Board of Appeal 745-9595 Ext. 381 Will hold a public hearing for all persons interested inttheppetition submitted by by Ron McElwain for Variance and/or Special Permit to allow construction of an addition at 112' SUTTON AVENUE (R-1 ) Said hearing to be held Wednesday, February 19, 1992 at 7:00 p.m. , One Salem Green, 2nd Floor. Richard A. Benc al, Chairman /`<�>h�.._`/�✓/CWS—" ��EI�G`�4.I/1/e// ��� 71 APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . ' (gift, Lif 5ajrm, C4fttssarhuseffs �Rnarb of �A}rpett! TO THE BOARD OF APPEALS: The Undersigned ;jMn thatp.� are the owners or a certain oarcei of lana lac to at flO. . .l���kL . � . ..Pf—C. . . . . `tree t; =mina District. -i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and <_aid oarcei is affectea by Secticn( s ) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. T _ <c m o e U 4a.i7J'*i UJ, O W The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals 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 dero- gating from the intent nd purpose of the Zoning Ordinance and Building Code for the following reasons: Gt�i9// � � LA�JQJ 0� 10 r— 0 Owner. .1 . . !� . . . :. . . . . . Telephone. . y . . . . . . . . . . . . . . Petitioner.°Ca?t. J.!GC . . . . . . . . . . . Add ress. . Date. . . . . . . . . . . Telephone. . .�D"— J. . . . . . . . . . . . . . . . . . . . By. . . . /.�L .��f . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . .. . . . . . . .. . . . . . .. . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. m a P a I L` t t _ -- ti y — is 1 a � f U I. NJ � a o ti Q4) , �+ z ` z g T - o f rn OOD .T es 0 m '17 t4 OL0 z f �a r� i i i v- 3 s a. ! o a 3 a 14A x cry o 'a dc Q lr Ll }: ! Z o Lt! y, f � 0 y- 3 1 14J� 44 �46 o Uo `� 1s � 0 v I k ,n Q e a� <U o o � a tSi Ail 30 /0 18 �C���' ASSESSORS MAP NO 45;EL'OT J CF ZOV/Na R-1 REFERENCES PLAN BOOK 7, _PLA.;AN 30 DEED BOOK 33"1 PACE .'79 SUTTON - A VENUE 50.0 (DEED) PICKET W FENCE o ^10 o� / Q� �'I 1 1/2 STORY Q` WOOD-FRAME 3 ND FRANCS J. WHALEN W WAM A & M/R/AM F.BRESNAHANJANE W Q�0 0 �i 50.0 DEED OG STEPS l W PORTION N O PORCH`.( 16 OF PORCH ( TO BE REMO QED ) STOCKADE EX�S SING 110 ! PROPOSED 2 STOR OFENCE � • !'� �. ADDITION WOOD-FRAMh oDWELLING/ N h EXISTING # 17 7/2 n 1 STORY 76' t ADDITION 4 f 50.0 DEED 4' f ( TOMOVED BE RE ) WIRE FENCE - SOPH/E F/ PLEGYNOGA DIANE M. ROWANO MICHAEL D. CARTER F/171 r77�79 ASSESSED LOT AREA = 1,750 .t SF. E �1T' PL CALCULATED EXISTING LOT COVERAGE = 49.09 CALCULATED PROPOSED LOT COVERAGE = 50.99 OF LAND IN CAM4 MA P.AIG 1✓ ae A. vANcU PREPARED FOR No. 36127 sseRONALD McELOr" - "--- --------- -- -- - -- SCALE I" = 2O' JANUARY 28, 199? REGISTERED !PROFESSIONAL LAND SURVEYOR ,�ANCOCK SlTf�VEY ASSOCIATF.s; INC. 2 ELECTRONICS AVENUE, DANVERS; MA NO TE: F ----- — --- ----- THIS PLAN NOT TO BL- USED FOR TITLE C 10 20 40 80 INSURANCE PURPOSES, NOR FOR RECONSTRUCTION OF BOUNDARY LINES. CHK. 9Y 4457 FRANCIS S. GREALISHr JR. ATTORNEY AT LAW 60 WASHINGTON STREET SALEM, MASSACHUSETTS 01970 (508) 741-2211 TO: Brenda M. Sumrall FROM: Frank Grealish, Jr . DATE March 3 , 1992 RE: Petition of Ron McElwain Heard February 6 , 1992 No. 6 on the Agenda 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 . There was no opposition to the request. 2 . The increase in size requested by the petitioner is very small. 3 . The abutter at the property most affected by this construction, spoke in favor of the petiti^^ons� ,tn GL tiGev� 4 . The will not have a negative impact on the neighborhood. On the basis of the above findings of facts , and on evidence presented at the hearing, the Board of Appeals concludes as follows : 1 . The granting of the Special Permit requested will not be substantially detrimental to the public good and will not nullify or substantially derogate from the intent of the district or the purpose of the Ordinance. 2 . The Special Permit requested can be granted in harmony with the district and will promote the public health, safety, convenience and welfare of the City' s inhabitants . Therefore, the Zoning Board of Appeal voted unamimously, 5-0 to grant the Special Permit requested, subject to the following conditions: 1 . The petitioner shall comply with all city and state statutes , ordinances , codes and regulations . r FRANCIS X. GREALISHe JR. ATTORNEY AT LAW 60 WASHINGTON STREET SALEM, MASSACHUSETTS 01970 (508) 741-2211 Brenda M. Sumrall March 3, 1992 Page 2 2 . All requirements of the City of Salem Fire Prevention Bureau relative to smoke and fire safety shall be strictly adhered to. 3 . The petitioner shall obtain the approval of any City Board or Commission that has jurisdiction over this petition. Special Permit Granted February 19 , 1992 . 'Francis X. Grealish, Jr . Member Board of Appeal TM BOA01:5� ASSESSORS 0 CITY' ALL PAG I--': YXI 2 nary 2 92 ..... 3 T, F'IED,", -CER, AS s 3 j VTTf S1%�L-1 4 4 5 5 SUBJECT PROPERTY: MAP. 45 LOT. 0037 BUFF. PROPERTY ADDRESS. 11,011 Slyr-l'ON I a 7 .... ..... 9P" 10 R' :3 •11 4 12 45 0037 0011 SLITT014 AVENUE 112 DOYLE ROSERI- 11 SW-TON AVE is Is , t�Al Ell W4 uw-za 13 17 bd ' ... 'I "I FOW R 0 D N E 14 07 SU .I I I I I ....I. 15 20 16 21 SALEM MA 01970 •17 22 18 45 (31)38 0011 SUTTON AVENUE CONNIFFF. JANE I:1 S(ff"l-ON AVF.'.' 23 r) 24 IGII V6;A KA444� E- f 0 ""--45,,(30J9., I Aml iA 20 AVE) P R-ESN AHAN L4i E(I U I�"',�,". - , I • ....................... 27 21 .I..I..I 44p . .............. 22 29 23 SALEM MA GIT-70 wo 45 0046 0103 COLUMBUS AVENUE JEAKINS SANDRA W 103 COI OMBUS AVE 31 24 71 1 L41 E;A .Ill MA Q 70 32 33 25 L 3G& Hl F 1P Q) . 3 •26 4 U a.14'70 I.I`.3 27 .I....I I I ........ ....... ...I.. 361 BEA' Cl I 28• 37 29 C/O PURNS DIANE SALEM MA 0-1970 380 45 0051 0111 COLOVISUS AVENUE CARTER NICHAEL D Ill COLUMBUS AVE 39 30 40 31 41 '45�C ....... ....... 42 •32 43 ............%.............. ........ ...................... %, " � %, . , e%I I 44 1..1 ............ 33 ...........I....... .......I .....I. • 34 45 •35 4 4 36 4 37 ...... 49 ................. 038 ......I..I I.. ...........I,I ...... .... 50 5, • 31 ............. ....... 52 ............... . 40 53 •41 54 55 0 42 56 43 58 0 •44 ..I..I....I I.... ....I... 59 45 48 61 •47 620 83 48 64 65 50 67 51 52 60 •53 70 71 54 72 FR�41.��CARDN%' r77777= 777--77, 55 1 E •5617 1 1.I I. .I CITY n, ASSESSORS MAP NO 4.5, i6P 37;I: ZON/NG? R-1 REfEREN� PLAN BOOKf1, PLAN 30 DEED 300,K'337,4 PAGE 179 Sb=N A VENUE PICKET 50.0 (DEED) FENCE �0 VI/1 STORY Q`Q �.� W000-FRAME � FRANaS DWELLINGS J WHALEN # WILLIAM A & M/R/AM F. C3a ORESNAHAN Q 0 JANE CUNN/f FE N �! g P h 50.0 DEED �V STEPS7-7 / PORTON N PORCH''.( 16' OF PORCH ( TO BE p REMOVED ) EXIS SING STOCKADE _ _ W PROPOSED FENCE /? STORE ; ADDITION ,WOOD-FRAMEh o DWELLING/ N h EXISTING # 11 1/2 ; 1 STORY 10 16" t 4 DT 50.0 DEED ( TOIBE '77] REMOVED ) WIRE FENCE SOPH/E PLEGYNOGA 0/ANE M. ROWAND MICHAEL D. CARTER F/1777 F/77771 ASSESSED LOT AREA = 1,750 f S.F. EXHIBIT PLAN CALCULATED EXISTING LOT COVERAGE = 49.09 CALCULATED PROPOSED LOT COVERAGE = 50.99 A f Y OF LAND IN S"g MA 555 {g v VF.NCU IA� PREPARED FOR pati RONALD McELWAIN - �Q ---- --- SCALE 1" = 20" JANUARY 28, 1992 REGISTERED PROFESSIONAL LAND SURVEYOR HANCOCK SMEY AS.SOCL Mo INC. 2 ELECTRONICS AVENUE DANVERS, MA NOTE• — -- - -------- TH/S PLAN NOT TO BE USED FOR TITLE 0 10 20 40 80 INSURANCE PURPOSES, NOR FOR RECONSTRUCTION OF BOUNDARY LINES. CHK. BY 4'¢57 �_ r q q0. �S 3• � S �0�0 0 41. bt w 2 a0,, •. Q 6 435 655 9a_ ,9 � 3Z5. � 6 F� � 0� f f• � < r 000 6 > 4%�0 'M1 i ry0, `� ' \ 0 y°`' ,73.f��/�•,�� ` fi�-:r r' ,: ^ 5 DW 0 61 n j3 '` (0�2g °y 6 0 000 �� Seto ae a�oo oa •,�.w: a� '"^,�" �` Y - aa. � , � `o,.,o•.: t eq_. 50,. , 93 ..og� ��rx 69 .7 sB , ' 9 _ 6975 ,4. T /\P- ay jib C 9T�0 0 100 200 300 400 300 FEET _.:'4,.�k.•0'S� wi.:a'4,1f•,_ .�tv`}�.�?PE�"'�"�_-- '-''u-msz3i�:£?::7 ✓ r� G �- - - - - i i - - - - �-- ----- ---I---- ---___----�---- _ - - --- ----- --�-----_T____`- - - --- ------ _._- _.... .,....--------- nx 30 10 3s4�°,, Y MT �� 9� ofi; -- ASSESSORS MAP NOCS, LOT 37 ZONING.` R-1 REFERENCES.• PLAN BOOK 1, PLAN 50 DEED BOOK 3371, PAGE 179 SI=N AVENUE 50.0 (DEED) PICKET W FENCE77 1 1/2 STORY Q` ""LFRAME �• j DWELLlNG7 fRANGYS ✓. NtHALEN W WAM A & MIRIAM F. # 11/ 000 o I C4 BREMANAN gyp-. Q�Q 0 JANE CUNNIFFE N Qy h 50.0 DEED 00 �� V. PORT/ON "Ni PORCH`',;' 16' OF PORCH ( TO BE REMOVED ) G - - 'I W STOCKADE 2 STORY p PROPOSED FENCE 12 / ADDITION WOOD-FRAM h o DWELLING/ N EXISTING 11 1/2 1 STORY 10' 16' t -f 4 t 50.0 DEED 4' t (OTOI BE REMOVED ) WIRE FENCE F� SOPN/E PLEdNOGA DIANE M. ROWAND MICHAEL D. CARTER F/777 F/77777 ASSESSED L OT AREA = 1,750 t S.F. EXHIBIT, PLAN CALCULATED EXISTING LOT COVERAGE = 49.09 CAL CULA TED PROPOSED LOT COVERAGE = 50.91T OF LAND IN �R�i vLPiJ7���8v . F~ i - CRAtG £�f( 3ALE9 MA A. r, VA. No. 361G?27 + . PREPARED FOR a w (q�F�88�ONQ'A RONALD MCELOWN v --------- -5 - ` - - ----- SCALE 1" = 20" JANUARY 28, 1992 REGISTERED PROFESSIONAL LAND SUP6IEYOR , ANCOCK SURVEY ASSOCIATES; INC. 2 ELECTRONICS A VENUE, DANVERS MA NOTE: -- - - --- -- ----- — THIS PLAN NOT TO BE USED FOR TITLE C 10 20 40 80 INSURANCE PURPOSES, NOR FOR RECONSTRUCTION OF BOUNDARY LINESCHK. BY LINES . 4457