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23 HERBERT STREET - ZBA 23 HERBERT STREET J J organization,took the helm of the Legal Notice i CITY OF S,1LEM BOARD OF APPEAL 978-745.9595,Ext.381 Wit hold a public hearing for all per sons interested in the petition submit-, ted by CHRISTINE HENDERSON ;1 requesting a Variance per Section 6-4 from the number of stories to con- struct a 3rd floor dormer for the prop- erty located at 23 Herbert Street R-2. Said hearing will be held on Wednss-� day,June 15,2005,at 6:30 p.m.,120 Washington Street, 3rd floor, Room, 313. Nina Cohen,Chairman� (6/1'8) ! CITY OF SALEMv MASSACHUSETTCp �. m i yl �� VI .�iALCI'1. MA BOARD OF APPEAL CLERK'S .OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 ,1�OS JUN MAYOR FAX: 978-740-9846 30 A ll: 23 DECISION OF THE PETITION OF CHRISTINE HENDERSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 23 HERBERT STREET R-2 A hearing on this petition was held on June 15, 2005 with the following Board Members present: Nina Cohen, Chairman, Edward Moriarty, Nicholas Helides, Richard Dionne and Steven Pinto. 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 per Section 6-4 from the number of stories to construct a 3r°floor dormer for the property located at 23 Herbert Street located in a R-2 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 reviewing the plans, makes the following findings of fact: 1. Petitioner appeared and presented her petition and requested relief. 2. The request to add a dormer involves a pre-existing 3rd floor. 3. The purpose of the dormer is to raise the height of one wall of an existing third floor, so as to add additional windows and gain increased natural light. 4. The dormer requested would be constructed in a manner below the existing roof line. The present roof peak is 31 feet, within the required limits of the Ordinance. 5. The requested dormer is approximately 3 It below the current roof peak. The requested dormer will not increase the current roofline or building height. 6. The building was purchased with the intention of being owner-occupied. The building will be owner-occupied upon completion of dormer 7. The addition of dormer does not increase the number of bedrooms. DECISION OF THE PETITION OF CHRISTINE HENDERSON REQUESTING A VARIANCE FOR THE PROPERTY LCOATED AT 23 HERBERT STREET R-2 8. The building was purchased as a two-family. The building will remain a two- family, with the owner residing in the upper unit. 9. The Petitioner's 6-year-old son will maintain his bedroom on the existing third floor. The current Sd floor bedroom has only one window, facing the back of the building. 10. The Petitioner noted the unusual shape of the lot, the undersized nature of the lot, and the unusual shape of the existing structure as grounds for hardship, in addition to economic hardship. 11. There was no opposition to this petition. 12. Chairperson Nina Cohen expressed concern that the plans presented in computer-design format appeared to be boxy and inconsistent with the unique historic character of the structure. 13.The Petitioner indicated a willingness to construct the addition in an architecturally appropriate manner, with windows appropriate to the structure, architecture and era. 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. 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 5 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 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. .t �I DECISION OF THE PETITION OF CHRISTINE HENDERSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 23 HERBERT STREET R-2 page three 6. Petitioner shall obtain a Certificate of Occupancy. 7. Existing finishes of the new construction shall be in harmony with the existing structure. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 9. Petitioner shall consult with Building Commissioner with the final construction plans regarding the style of windows to be provided in the dormer, and any other replacement windows, so that same will be consistent with the Italian Revivalist style of the structure. AWn Jw,` / 1 Variance Granted Edward Mori d.t ' � 6W4 June 15, 2005 Board of Appeal \Se �J A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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.