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126 BAYVIEW DRIVE - ZBA D 126 BAYVIEW DRIVE _ NATAL BETTENCOURT '- � - � � � 1 - - A C' V Y 1 r r �� ���� , �"' f ' n � C/'" " � S/�-� 4 L�f j � � /�� �. , . . - _ - _ _ "° plitu of _'�tzirm, � tts�tttltusetts Poara of 13 05 I I' 1045 CITY Of SALE V., HATS rt L RMS Or fICL DECISION OF THE PETITION OF NATAL BETTENCOURT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 126 BAYVIEW AVENUE (R-1 ) A hearing on this petition was held December 11, 1996 with the following Board members present: Gary Barrett; Chairman, Nina Cohen, Richard Dionne, Albert Hill and Paul Valaskatgis. 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, requests a Variance from sideyard setback to construct a garage for the property located at 126 Bayview Avenue, Salem. 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 petition was presented by John Nicosia, a licensed contractor. 2. There will be no structural change to the building. There will be no extension off the footprint of the building. 3. A letter from the Historical Commission asking to conform to surrounding properties. 4. A letter was in submitted in support of this petition by Everett Dawtskins, of 122 Bayview Avenue. 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 subatitfon 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. J DECISION OF THE PETITION OF NATAL BETTENCOURT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 126 BAYVIEW AVENUE (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 voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per plans and dimensions submitted to and approved per the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. 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. A Certificate of Occupancy is to be obtained. Variance Granted December 11, 1996 C"c Paul Valaskagis, ,,*ember Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, - f 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 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 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 12/8/96 Everett L. Dawkins,Jr. 122 bay View Avenue Salem,MA 01970 City of Salem Board of Appeal One Salem Green Salem,MA 01970 Dear Board Members: I am a neighbor and an abutter of Natal Bettencourt and I would like to say that I am in favor of the granting of a variance to Natal Bettencourt to construct a garage at 126 Bay View Ave. I feel that it will be good for the neighborhood and enhance the value of his property as well as provide convenience and a safety factor for his wife and baby. Thank you for your consideration in this important matter. Sincerely, Everea L. Dawkins, Jr. - • • ,C0ND111 .Salem Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 (508) 745-9595 EXT. 311 FAX (508) 740-0404 November 26, 1996 Gary Barrett, Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Chairman Barrette: The Salem Historical Commission is in receipt of your agenda for December 11, 1996 and offers the following comments: 1. 8-10 Winter Street- Enclosed please find a Building Survey form for this property indicating that it was constructed in 1830. Although it is not located in a local historic district(the district ends at 24 Winter Street), and therefore not under our jurisdiction, it is a contributing structure to the Salem Common National Register District. While the Commission takes no position on the proposal, we hope that any exterior alteration would be sympathetic in design. If requested by the Board of Appeal as a condition of approval, we would be pleased to provide design review. 2. 126 Bay View Ave.-Enclosed please find a Building Survey form for this property indicating that it was constructed between 1871 and 1897. While the Commission takes no position on the proposal, we hope that the proposed garage will be sympathetic in design. If requested by the Board of Appeal as a condition of approval, we would be pleased to provide design review. 3. 37 Chestnut Street - This property is located within the McIntire Historic District. Please be advised that any proposed alterations to the exterior of the property will first require review and approval by the Salem Historical Commission. This includes the installation or alteration of vents, electric and gas meters and their conduit, secondary egress or other alterations to accommodate an additional unit. Thank you for your consideration. Sincerely, THE SALEM HISTORICAL COMMISSION Helen Sides Chairperson k n I FORM B BUILDING AREA FORM N0. MASSACHUSETTS HISTORICAL COMMISSION (9Z, I" I )E) 80 BOYLSTON STREET' BOSTON, MA 02116 Salem ess 126 Ba v View Ave. oris Name Present Residential Original Residential IPTION B lflllflllp71��t HIIIII� . Ill :l '.•`IAA =lre�lriU1l1Q! .,• - Between 1871 and 1897 II11 ee Atlases deeds e Gothic Revival _- itett Sketch Map: Draw ®p showing property's location in relation to nearest cross streets and/or Exterior Mall Fabric wood shingles geographical features. Indicate all buildings between inventoried. property and nearest Outbuildings intersection(s). Indicate north Major Alterations (with dates) �. Condition Excellent � 1 a.� �. Mored ' Date JJ Acreage Less than one v Setting on shoreline in-extremely 1t AVE t3� tL dense 19th c. residential resort neighborhood UTM REFERENCE . Recorded by Northfi lds Preservation Associates r Organization ' USfzS QUADRANGLE Or 9a •aaiag�ra�^,o�t Date May 1989 n SCALE t> * .?� t u i"-z,. nv-"`q"' '' 6`."� � +F+ ;yE.•isr1'.' = �`-'S'.:,X-�-vr �d �KYr ` FORM B - BUILDING f-Iv 2,32,Co AREA FORM NO. MASSACHUSETTS HISTORICAL COMMISSION Q(} 80 BOYLSTON STREET BOSTON, MA 02116 Town Salem ress 8-In Winter St . toric Name Woodbury-Needham Hou e: Present Residential Original Residential CRIPTION =- to 1830 f Historic Salem, Inc . urce Hni,saSi gn Report tyle Federal _. rchitect in relation to near xterior Wall Fabric Clapboard geographical features. Indicate all buildings between inventoried property and nearest Outbuildings intersection(s). Indicate north 5'( Major Alterations (with dates) Condition Good Moved Date g _.< - -�- �-� >= Acrea a Under 1 acre �x� •• WINS Setting Residential, urban sT, r UTM REFERENCE Recorded byDebra Hilbert &.zKim Witt USGS QUADRANGLE Organization Salem Planning'-Dept. SCALE Date April 1987 F ,. ... .ten .