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3 ORCHARD TERRACE - BUILDING INSPECTION 3 Orc�Q r Wn afl OEM& 74520 40016P4 Plans must be filed and approved by the Inspector before a permit will be granted. No. City of Salem Ward 6 Is Property Located in the h Historical District? Yes_ No ` >! Home Phone# Is Property Located in a Conservation Area? Yes_ No r''+ �, Bus.Phone# f 9 APPLICATION FOR PERMIT TO CONSTRUCT POOL, DECKS AND SHEDS Salem,Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address 44ilz Lf�l ow fJ "z6r7l- Architect's name IV14 Mechanic's name and address 17 S V7'0 '412 -y,�eell s7' S'/z6-9 Location of building, No. .? ©�-y9�j What is the purpose of building? ��✓���E'7'iT'�L Material of building? If a dwelling,for how many families? Will the building conform to the requirements of the law? /' � Estimated cost "PZ-5-06 ' Co ractor Lie. No. 69 S7- D 370,?0 Signature of applicant Signed Under the Penalty of Perjury REMARKS No. /I Y �—/ Ward APPLICATION FOR PERMIT TO CONSTRUCT SWIMMING POOL Location PERMIT GRANTED 19 ved r Building Inspector CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL D 78 '-15 95'j'D KIMHERLLY DRISCOLL or� A MAYOR April 12008 Decision City ot'Salem Zoning Board ot'Appeals Petition o1' :Mark and Danielle Csogi requesting Variances from Inaxinjoin lot coverage, minimum width of side yard, and minimum depth of rear yard to install an above ground pool 21 ' in diameter and an attached 10' x 21' deck at 3 ORCHARD TERRACE JR-1 1. A public hearing on the above petition was opened on March 19, 2008 pursuant to Mass General Law Ch. 40A, §§ I I- The public hearing was closed on IN/larch 19, 2008 with the following Zo[iiil,, Board members present: Robin Stein (Chair), Rebecca Curran, Elizabeth Debski, Richard Dionne, Annic Harris, and Bonnie Bclair (Alternate). Petitioner seeks variances pursuant to the following sections of the Salem Zoning Ordinance: Table 1: Residential Density Regulations. Statements of fact: I. The petitioners, Mark and Danielle Csogi, owl, 3 Orchard Teri-Lice, a property located in the Residential One Family (R-1 ) Zoning District. 2. The petition is accompanied by a mortgage inspection plan prepared by North Shore Survey Corp. entitled -3 Orchard Terrace", on which the proposed pool and deck is sketched. Photographs were submitted which show the approximate locations of the edge of the proposed deck marked with a rope. 3. The above ground pool WOUld Ile 21 ' in diameter, with an attached 10' x 21' deck. 4. An above-ground p0O] I S' in diameter with Li deck had previously existed in this location when there was a different owner. j\ plan showing the previous 101 C011111'U'Llratioll With the I S' above LrOLIlld pool Was SLIbillittcd by the applicant. residents of The applicants SLIblllittCd a petition Signed by limetcCil ( 19) 1 Terrace. Marillim-, Sircei, and Dearborn Street. \�hich states, "As neighbors of'3 Orchard Terrace. %\e haN C no OlIjCCtloll to the addition of pool and deck in the left scar corner ofthe plollertv". (i. 1 here was no opposition to the petitioners rcqucst at the public hearing. fhe Board of.\ppeaL after carefuI consideration of the evidence prescnted ;t the public hcarin_, and after Ihorousch review of the plans and petition submitted, makes the Billowing findings: - I . The zoning requirements can not be complied wish to accommodate a pool due to the shape and sire of the lot and the layout of the structures on the lot. 2. ;A literal enforcement of the provisions of the City of Salem Zoning Ordinance would prevent the petitioners from installing an above around pool in a location that will still allow for the cnjo�­nmcnt of a backyard resulting in substantial hardship to the petitioner. 3. The variances requested are not contrary to the public interest and, owing to special conditions desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: I. To allow for the above ground pool and deck, the petitioner may vary the terms of the Salem Zoning Ordinance, specifically the requirements for maximum lot coverage, minimum width of side yard, and minimum depth of rear yard. 2. hi permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Dionne, Stein, Curran, Harris, and Debski) and none (0) opposed. to grant petitioner's requests for variances subject to the following terms, conditions, and safeguards: I. Petitioner shall comply with all City and State statues, ordinances, codes, and regulations. 2. All construction shall be done as per the plans and dimensions submiucd to and approved by the Building Commissioner. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. A Certificate of Inspection is to lie obtained. 3 >. Petitioner is to obtain approx A from any City Board or Commission haxing jurisdiction ilIClucling, but not limited to. the Planning Board. Robin Stein. Chair Snlcm Zoning Board of Appcals �rnr� nr rins oerlSIAIN 11ni_r.N 1u rD%M H H11 r1 ANNIN( HUSvRDAy'D 1111( 11) IJ1 : :Appeal tiont this decision. it;uty. shall he made pursuant to Section 17 ofthe Massachusetts GC11Crol I.JWs Chapter 40A. and shall be filed vk'ithin 20 days of filing of this decision in the oftice of the City Clerk. Pursuant to the Massachuscus General Lav%s Chapter 40A. Section I I. the Variance or Special Permit named herein shall not take ellect until a copy of the decision bearing the Certificate of the City Clerk has - been filed with the Essex South Registry of Deeds. b Cit" of _`� ttlem, �4Ra55UrjjU6et&;, � baara of 'A, peal DECISION ON THE PETITION_OF. PAUL. & DIANA LAMONTAGNE FOR A SPECIAL PERMITIAT 3 ORCHARD TERRACE -I (R-1) A hearing on this petition was held October 20, 1993 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Stephen Touchette and Associate Member LaBrecque. 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. Petitioners, , owners of the property, are requesting a Special Permit to allow construction of a roofed over porch which will extend the existing nonconforming front yard setback. Property is located in the R-1 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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. There was no opposition to the petitioners request. 2. A petition in favor, signed by ten (10) abutters and neighbors, was submitted. 3 . The proposed construction will allow the petitioners a fuller use of their property. ' DECISION ON THE PETITION OF PAUL & DIANA LAMONTAGNE FOR A SPECIAL PERMIT AT 3 ORCHARD TERRACE, SALEM yon page two y Ci., CJ 3 C. z�1 S =rss 4. This is the only feasible location for a roofed over porch. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and 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 are to be strictly adhered to. 4. Petitioner shall obtain a building permit prior to starting construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. Special Permit Granted October 20, 1993 Francis X. Grealish, Chairman Board of appeal DECISION ON THE PETITION OF PAUL & DIANA LAMONTAGNE FOR SPECIAL PERMIT AT 3 ORCHARD TERRACE, SALEM page three 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 MGL 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 MGL Chapter 40A. , Section 11, the 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 0 e., _ co - W c.4 .7 tit