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56 OCEAN AVENUE - BUILDING INSPECTION ec.V\. CIT Y OF SALEM. MASSAC_ .� r T UUOMW �,� � �LEl�i, ria [BOARD OF APPEAL CLERKS OFFICE 120 WASHINGTON STREET. 3RD FLOOR SALEM; MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 1001.MAR 21 A :1O-. .U2 STANLEY J. USOVICZ, JR. MAYOR DECISION OF THE PETITION OF CHARLES CONNELLY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 56 OCEAN AVENUE R-2 A hearing on this petition was held March 19, 2003 with the following Board Members present: Nina Cohen, Chairman„ Stephen Harris, Nicholas Helides, Bonnie Belair 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 an 8 x 36 addition for the property located at 56 Ocean Avenue located in a R-2. 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. Brednan Whalen of Whalen Brothers LLC, appeared and represented the petitioner. Mr. Whalen is the designer and builder for the proposed addition. 2. The petitioner is requesting a side yard setback of 9 feet instead of the required 10 feet to construct an 8 x 36 addition. Plans were submitted showing the proposed addition. 3. There was no opposition to this petition. Y f DECISION OF THE PETITION OF CHARLES CONNELLY REQUESTING VARIANCES FOR THE PROPERTY LOCATED AT 56 OCEAN AVENUR R-2 page two 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 shall obtain approval from all City Boards or Commission having jurisdictions including, but not limited to, the Planning Board. Variance Granted March 14, 2003 Stephen Harris Board of Appeal �L{� illS DEC SIION . .... ...-_ _ .`i_.,. F�\! i.`_ :"_�J,N'N . THE ClI {Y 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 r FIAT(- To co STREET PERMIT Nl q,41j5rJ UC Citp of harem m� (Office of 3 w pector of Jguilbingg ci y.7fall, `Y ( O 20 Q 3 J ermission is SiereFiy yken to &/,N 1zd to occupy`or Dom J s-r r-a purposes in fron(of eslale �b / An l r / 7ald of srdemag. 3 U , ofs(reel. ` t6ispermil is Giniled(o /'!AY /O 20 03 . su6lecllo lSre r - prooisrons of lie ordilances andslalules in relalion(o cSlreels andlble 9nspecron and�yC�ionslrucl�to—n�Of533uflsdrilys in lne Giy of csa_leem. © ' Gu` �Dl oR - ffectiveDate: March 24, 200 - Western SuretyCompany ' 0 9 r , LICENSE AND PERMIT BOND r F KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 69492485 That we, Whalen Brothers, LLC y of the City of Swampscott State of Massachusetts , as Principal, y and WESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State of Massachusetts as Surety, are held and firmly bound unto the City of -Salem- -------- -- _ cts+.e og._ Massachusetts __, as^uligcc, in the renal sum of One Thousand and 00/100 DOLLARS ( $1, 000.00 ) lawful money of the United States, to be paid to the Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the Principal has been licensed General Contractor by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply with the laws. and ordinances, including all amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until March 24th 2004 , unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by First Class U.S. Mailtahgie Obligee and to the Principal at the address last known to the Surety, and at the expiration ' of thyff K j 8 #ys from the mailing of said notice, this bond shall ipso facto terminate and the Surety sh Ns ,....,.... tltefeu oii•• eyed from any liability for any acts or omissions of the Principal subsequent to said da �e�s 'oe number 'of years this bond shall continue in force, the number of claims made agan?gt�'this bonra°ffththe number of premiums which shall be payable or paid, the Surety's total limit of lQ;hy all not be emulative from year to year or period to period, and in no event shall the Surety's total lirliy jCakcas;exceed the amount set forth above. Any revision of the bond amount shall not be �.* cuitlB� o e. !P!il8tgii�iii6ib;;8' Dated ttua 25th day of March 2003 WHALEN BROTHERS, LLC_ r / Principal LrizA-1:,� argdl1,x�_ � ,,.�d .f1s� r .... .._. _. _ _.. . ... - . -. Principal , rt Countersigned (where re uired) W E S T E /S U R E T COMPANY By By r� ResWnt Agent Paul T.Bruflat, Se for Vice President Form 532-5-2002 r ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA 1 as (Corporate Officer) COUNTY OF MINNEHAHA I On this 25th day of March 2003 ,before me,the undersigned officer, personally appeared Paul T.Bruflat ,who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer, being'authorized-so to do,�executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such Officer:,. '..0 "'3 : -. ..0.: . ,. "?9-, +"•w. irk"....s �r _ 1 ..._ Y..w •1r .11e .; F. IN WITNESS WHEREOF,I have hereunto set my hand and official seal. . . D. �44M1M1M1M1M1RK44444M1444M1M1� i D. ELL + ,/y'\/i/.A-( w�•111,w„w, _. + NOTARY PUBLIC + I SEAL SOUTH DAKOTA Sal i + + Notary Public—South Dakota ♦M1.M14M1.M1M1M1.M1M1M14M1...44.44� My Commission Expires November 30,2006 l ACKNOWLEDGMENT OF PRINCIPAL STATE OF &W �IAsSgeNds6rls t (Individual or Partners) COUNTY OF 91fS_VX II ss N A On this �D day of Atkli- Zao3 before me personally appeared �QENOgt.1 WNAIEAI- QadUC1pA1L- 1JH41W1 BPoTHEPS LLf- known to me to be the individual described in and who executed the foregoing instrument and acknowledged to me that—he— executed the same. My commission expires rte.-STT R STABEHL Notary Public Notary Public Commonwealth of Massachusetts My Commission Fires January.312(X r .. . .- :. ACKNOWLEDGMENT OF PRINCIPAL 3 ; r •- f n „r , �d (Corporate Officer) STATEOF COUNTY OF ss On this day of , before me personally appeared who acknowledged himself/herself to be the of , a corporation, and that he/she as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as such officer. My commission expires Notary Public -- -- C fS� Q- F U o W r P, QgZ ' 7 6 0 a 0 n �� w 7c Western Surety Company POWER OF ATTORNEY- !.-KNOW-ALL2 MEN_E3Y;rHESt,PRE§tNtS: ' -Z6 - ' -,�qn 0&1 pffLQ72�1;j That WESTERN SURETY COMPANY,a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the Ztates- of-,Alabama,Alaska,�Arizona,-Ar.kansas,-Califomia, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,Wyoming,and the United States of America,does hereby make, constitute and appoint PauLT.-Bruflat of __ Skoux Falls State of South Dakota its regularly elected Senior Vice President as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity, polidir ad official,emnifying employers against loss or damage caused by the misconduct of their employees; ocial, bail, and surety and fidelity in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and we ify'o or extend any bond or document executed for this Company,and to compromise and settle any and all claims or detnaids•in rAgxis ainst said Company. e rn Surat Oa& further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety any duly adopted ari(RCW in force,to-wit on t1__,I tj -undertakings,- Powers of Attorney, or other obligations of the corporation shall be executed in the plicies; co e pany-by.!he President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers %0-'D , iien rectors may i6thbriie. The President, any Vice Presidt, Secretary, any Assistant Secretary, oF_tfie'_TrbmVrer may appointWeRVys-in-Fact or agents who shall have authority to issue bonds, polic�ies,or undertakings in the name of thbCornpang: �The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 25th day of March — 2003 ATTEST WEST N U R E T Y,,� 0 M P A N Y Assistant SecretaBy ry Paul T.Bruflat, nior Vice President STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ss On this 25th day of March 2003 before me, a Notary Public, personally appeared Paul T. Bruflat and L. Nelson who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary'act and deed' of said Corporation. ie + A KRELL r NOTARY.PUBLICQ *SfSEAL) -01wSOUTH DAKOTA Je My Commission Expires November 3O,2006 Notary Public Ow Fon F19754-2002