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45 MEMORIAL DRIVE - BUILDING INSPECTION Mcryloun e ,;AiIw-aEQ.p MEPC 0330 o / ansrrmc�s,a�rr Certificate No: 994-2004 Building Permit No.: 994-2004 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at -------------- -- -Dwelling Type 0045 MEMORIAL DRIVE in the CITY OF SALEM - -- -- --- ------------------------------ -------------------- ----------------- - - --------------------------- Address Town/CityName IS HEREBY GRANTED A TEMPORARY CERTIFICATE OF OCCUPANCY 45 MEMORIAL DRIVE This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires --------------- : unless sooner suspended or revoked. --- Expiration Date _ ---_---_-___-__----- ...... . _._... ._ Issued On:Thu Feb 23,2006 --- -- - - ------------- - - GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. ----------------------------- -- CITY OF SALEM BUILDING PERMIT CITY OF SALEM9 MASSACHUSETTS CII Y OF c �. BOARD OF APPEAL CLERI •..S Ltjj 1 120 WASHINGTON STREET, 3RD FLOOR O� �Ct SALEM, MA O 1970 � TEL. (978) 745-9595 STANLEY J.. FAX (978) 740-9846 .1001 SEP 23 P 3. USOVICZ, .IR. MAYOR 7 " DECISION OF THE PETITION OF BRADFORD SMIITH REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 45 MEMORIAL DRIVE R-I A hearing on this petition was held September17, 2003 with the following Board Members present: Nina Cohen, Chairman, Nicholas Helides, Joan Boudreau, Stephen Harris and Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from side yard setback to construct a 17 x 21 addition and a 10 x 17 deck for the property located at 45 Memorial Drive located in an R-1 zone. The Variances, which have been requested, upon a finding 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 this 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 is seeking a right setback of 2.4 feet instead of the required 10 feet in an R-1 zone. And a left side setback of 4.7 feet instead of the required 10 feet to build an addition for the property located at 45 Memorial Drive. . Abutters from 47 & 48 Memorial Drive were in favor of the petitioner's request for the variances. Robert Hayes of 45 Memorial Drive was opposed because of the possible loss of ocean views that might take place if the addition were to be built. 3. Councillor Kevin Harvey spoke in favor of this petition. ' CITY CLE � SALEM MA DECISION OF THE PETITION OF BRADFORD SMITH REQUESTING A S ©FACE VARIANCE FOR THE PROPERTY LOCATED AT 45 MEMORIAL DRIVE R-1 page two 100) SEP 4. The Condo Association reprehensive spoke in favor of the petition but did have 23 P 3: concerns regarding the timeline of the construction and thoe hours of construction. Both issues were addressed to there satisfaction. On the basis of the above finding of fact, 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 petition. 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 5-0, 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 construction shall be done as per the plans and dimension submitted and approved by the Building Commissioner. 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including. but not limited to, the Planning Board. Variance Granted Stephen"Harris September 17, 2003 Board of Appea 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. Board of Appeal C-) o r� S^o cn N y vl 0 J