23 1/2 REAR PHELPS STREET - ZBA 23 1/2
REAR
j Ar R PHELPS STREET'
MICHAEL CRIMES
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r,egal Sotice
CITY(J;SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public bearing for all
Persons interested in the petition sub.
mitted by Michael E.Grimes request-
ing a Variance from relief of rear
setback to enclose existing back
Patio for the property located at 23 1/2
Phelps Street R-2.Said hearing to be
held Wednesday,November 17,1999
at 6:30 p.m., One Salem Green, 2nd
Floor.
Nina Cohen
Chairperson
(11/3,10)
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DECISION OF THE PETITION OF MICHAEL GRIMES REQUESTING A VARIAN�E
FOR THE PROPERTY LOCATED AT 23 Yz REAR PHELPS STREET R-2 fi
A hearing on this petition was held November 17, 1999 with the following Board 6
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Harris, Stephen
Buczko and Richard Dionne. 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 a Variance from relief of rear setback to enclose existing
back patio for the property located at 23 Y2 Rear Phelps Street located in an R-2 zone.
The Variances which have been requested may be granted upon a finding by,this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
r t without substantial detriment to the public good and
3. Desirable relief may began ed s p
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 represented himself.
2. Mr. Grimes would like relief for the rear setback to enclose existing patio. The
existing patio is 10 feet by 18 feet, 10 inches. Construction is to be 2 x 4 walls and
room would consist of 2 x 6 joists. Walls and ceilings would be insulated and lighting
and wall receptacles added.
3. The petitioner presented a set of proposed plans.
4. There was no opposition to this petition.
j
DECISION OF THE PETITION OF MICHAEL GRIMES REQUESTING VARIANCES
FOR THE PROPERTY LOCATED AT 23 Y2 REAR PHELPS STREET R-2
page two
c s 71
On the basis of the above findings of fact, and on, the presented at the Zoning Bold of
Appeal voted unanimously, 5 in favor, to grant the variances requested, subject to t C-,
following condition; v
1. Petitioner shall comply with all city and state statues, ordinances, codes and 6
regulations.
2. All construction shall be done-as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner is to obtain Building Permit prior to beginning any-construction.
5. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number as to be visible from the street.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
November 17, 1999 QL
lRoln'
Ronald Harrison
Board of Appeal
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.
DATE OF HEARING - -� (-Y
C
PETITIONER
LOCATION �� /
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
I
TO RE-HEAR SECOND
WITHDRAW SECOND
I
CONTINUE SECOND
I
RO"L"L CALL PRESENT GRANT DENY AIMEND WITHDRAW RE-HEAR CONTINUi
NINA V. COHEN--
TTCHAE'L WARD
RONALD HARRISON A /Z
STEPHEN BUCZKO
RICHARD DIONNE
ASSOCTATE MEMBERS
PAUL
,CONDITIONS: �Vow;zk4x�)
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\�"`-�. APPEAL CASE NO. . . . . . . . . . . . . .
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TO THE BOARD OF APPEAL:
The Undersigned represent that'he she(9/are the owners of a certain parcel of land
located at: a32x'ri7R
.!`�PS . . .. . . . . .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 IX A.1 of the Zoning Ordinance.
ENCLOSE /X /8'/or' CelSnrucT/eN "M (3s Zry�a� 5 axb k'a�
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Ga rnE t"p f,J iJr T// THE ERrST/N� /�W SE,
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�� The<Applicatiou for Permit was denied by the Inspector of Buildings for the following
<� re4son(s) :
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The Undersigned hereby petitions the Board of Appeal to vary the tarms 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 enfcWemeut of said
Zoning By-Laws and Building Code would involve practical difficEty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogatin,
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
I�i7Rra/vCF- /PES/[F of /�Ea/3 5Er r3•ace Fffom 30 / t '
Ower.!..Ck. .. . r. . . . . . �S
Address? /z /ZE.�e /#C . .�. . . . . . . . _ .
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Telephone. .?y foyZ.
Petitioner. . . .... . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . .
Date. ly/^. Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By — �l . ... . . . . . . . . . . .
Three copies of the application must be filed with the Sebcretary of the Board of Appea,
with a check, for advertising -in the amount of $•e�4 . .`. . . . . four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
MWTGAGE INSPECTION.
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST., BEVERLY, MA.
LOCATION + Sf)LIE M s __M,g GG. NOTES:
Z .
SCALE I = Z6 FT. DAIS This is a Mortgage Inspection survey and not an
_�] / y /__ -_- __ „--„
(, r instrument survey, therefore this plot plan is for
REFERENCE ..... .... ...... mortgage inspection purposes only.
3!. ... ....... • This survey is based on survey marks of others.
.. . .... .. . . . .. .. .. .__, • Bushes, shrubs,fences and tree lines do not
necessarily indicate property lines..
To _ _ /-J-. __,FI . In my professional opinion the building(s) are not
I hereby certify that I have examined the premises and that the located in the special flood hazard zone,as defined
building(s) shown on this plan are located on the ground as by H.U.D.
shown and that they conformed to the zoning setbacks of the •Whenever an offset is 1'± or less, an instrument
- - --- - ----- when constructed. survey is recommended to determine prop. lines.
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