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34 PROCTOR STREET - BUILDING INSPECTION �� �� �r� �-�"� sT��fi� of .$nlem, 4RUSISadjusetts �Rnarb of 'A}peal Jur, I 2 os Psi '95 CITY Of A( f S M. HAS DECISION ON THE PETITION OF NORMAN AND ANN MICHAUD FOR A VARIA66i FkS3(4F FICF PROCTOR STREET. (R2) A hearing on this petition was held May 17, 1995 with the following Board Members present: Stephen Touchette; Chairman; Gary Barrett, Arthur LaBrecque, Nina Cohen and Albert Hill. 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. Petitioner, owner of the property, is requesting a Variance on lot size, lot coverage, front, side and rear setbacks to subdivide the lot to create a new lot at 34 Proctor Street. 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 structure involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the, petitioners. 3. 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 viewing the plans, makes the following findings of fact: 1. There was no opposition in this matter. 2. Speaking in favor of the Petition where: Thomas Brophy, 35 Proctor Street, Marion Germont, 30 Proctor Street, Edward and Muriel Santos, 6 Langdon Street and Kevin Harvey, 2-4 Winter Island Road. 3. This will allow petitioner a fuller use of the property. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance 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 relative to smoke and fire safety shall be strictly adhered to. ( DECISION OF THE PETITION OF NORMAN AND ANN MICHAUD FOR VARIANCE AT 34 PROCTOR STREET, SALEM page two 3. All construction shall be done as per the plan and/aimrnsions submitted. ©$ / 4 . Petitioner shall obtain a building permit prior tClpO :ik. any 9; construction. qIS ffO S 5. A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain proper street numbering from the. City of Salem Assessors ofice and shall display said number so as to be visible from the_ street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction, including, but not limited to the Planning Board. 8. Petitioner shall correct, at Petitioner's expense, any addditional water problems created at 6 Langdon Street and certify same. The Certifying Agent will be the City of Salem City Engineer. 9. Petitioner, at Petitioner's expense, shall install a Sump Pump at the residence of Edward and Muriel Santos, 6 Langdon Street, Salem when requested by Edward and/or Muriel Santos. Variances Granted May 17, 1995 Albert C. Hill, Jr. Member, 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 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 teow k Ctu of ttlem, Aussuchuse# l 17 2 fh Ig /41N6 Paurb of �ppvd '♦�� DECISION-OF-THE-PETITION OF SHAWN MICHAUD FOR VARIANCE AT�34 PROCTOR ST. (R-2) A hearing on this petition was held January 27, 1988 with the following Board Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout. 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. Petitioner, owner of the property, is requesting Variances to allow an existing deck. Property is located in an R-2 district. The Variances which have been requested may be granted upon a finding of the 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 structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; c. desirable relief may be granted withoutsubstantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1 . There was no opposition; On the basis of the above finding of fact, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subjectiproperty but not the district generally; 2. Literal enforcement of the Ordinance would work a substantial hardship on the petitioner; 3. The relief requested can be granted without substantial detriment or without derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF SHAWN MICHAUD FOR VARIANCE AT 34 PROCTOR ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1 . The deck not be altered; 2. Building Permit be obtained. GRANTED Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK LAPPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE F THAL LAWS, CHAPTER 808, AND SHALL 9E FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF TH;S DEC!SICN lir THE OFFICE CF MAKS. PURSANT TC :o;€S .� .., THE CITY CLERK. ;ki iE7 k4P1ER COS, I. HEPE!I oH�LL P `! SE!if'.v 11, THE VAD, dC� !CATI�J Or EFFECT UNTIL A CD r ECI P-5-- LEP', L . P' f. L P-R`'VIT HE I ! 4,- 2.: DAY THE IE ,R SHAT. IF $GLn P'v S HAv ELI . . " _RT RECCrcCED APPAL PPS 9EEN' FJ' InA7 I, i ,E .tvO A ?-;L HAS Iv IN THE SJUTH ESSEX RE;ISTRY OF GETS l" DF-1.1`.,,�, GR DE"I"D IS OF RECORD OR IS RECORDED AND NOTED ON THE OWNERSICERTIFI OH�ER THE f.Ai E OF THE OW CERTIFICATE OF TITLE. OWNER BOARD OF APPEAL ,, £_ _, � r� r F ti i. <. 9 µ.CON01TOtt IJ` $(r.L���1✓m, d VY/�L��rJJJ VVV Flmu inB CQIIarb J11111 10 48 135 J"eouMam+" g Mur ltgTPPYT Ci Ut 0ry 1 K'S � Nq;S K S UfrIC(' DECISION ON THE PETITION OF NORMAN MICHAUD FOR A WAIVER FROM FRONTAGE AT 34 PROCTOR STREET A Public Hearing on this petition was held on July 6, 1995 at 7:30 p.m. with the following Board members present: Walter B. Power, III, Chairman; Carter Vinson; David Hart; Chuck Puleo; L. Lee Harrington; William Cullen; Gene Collins; and John Moustakis. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. Petitioner, owner of property, is requesting a waiver from frontage requirements from the Subdivision Regulations under MGL Chapter 41, Section 81R to allow the property at 34 Proctor Street to be suvbdivided into two lots. This section states that "A Planning Board may in any particular case, where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law, waive strict compliance with its rules and regulations, and with frontage or access requirements specified in the law..." The waiver for 34 Proctor Street is being granted upon the finding by the Board that: 1. Lot 1, which contains the existing house, contains 3,249 s.f. and 46 feet of frontage. The new lot, lot 2, will house a new single family dwelling and contain 4,745 s.f. with 42 feet of frontage. The house on lot 2 shall be a single family dwelling in perpetuity; 2. Special circumstances exist which especially affect the land, and structures involved and which are not generally affecting other land and structures involved; and 3. Literal enforcement of the provision of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. Therefore, the Planning Board voted by a vote of eight (8) in favor, none (0) opposed to grant the waiver from frontage requirements for 34 Proctor Street. This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty (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 Essex South District Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. I hereby certify that a copy of this decision and plans are on file with the City Clerk and a copy is on file with the Planning Board. Walter B. Power, III !- Chairman jm/bd/pb34proc.wai _%. 0. COP: CERTIFICATOF OCCUPANCY ' CITY OF SALEM Issued: t 3 q 9 SALEM, MASSACHUSETTS 01970 C' of Salem 8WIdin Dept DATE JULY 13 19 5 344-1995 PERMIT NO. APPLICANT HOME OWNER / SHAWN Mi ICH g)DRESS JI (NO.) (STREET) (CONTE5 LICENSE) CITY STATE ZIP CODE TEL.NO. NEW BUILDING ONE FAMILY NUMBEROF 1 PERMIT TO (_) STORY DWELLING UNITS (PIPE OF IMPROVEMENT) NO. (PROPOSED USE) 0034 PROCTOR STREET ZONING AT(LOCATION) DISTRICT (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) MAP 15 0341 LOT 0008200 SO FT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT.WIDE BY FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS'. BUILD SINGLE FAMILY DWELLING @ f# _PRO-CTOIR-ST t L.. _. T. AREA OR 71-D' IZIiZ 0 PERMIT Q 4255 00 VOLUME ESTIMATED COST FEE .p (CUBICISOUARE FEET) OWNER MICHAUD SHAWN,' ADDRESS PO BOX 28 BByILDINGDEPT. L. E. T JOB SI COPY ( i�' BUILDING CITY a51 �n SALEM FSAEMMASSACHUSET$01970 PERMIT DATE JULY 13 19 95 PERMIT NO. 344--1995 APPLICANT HOME OWNER / SHAWN MICHAUD ADDRESS .5 06 (NO.) (STREET) (CONTR'S LICENSE) CITY STATE ZIP CODE TEL,NO. PERMIT TO NEW BUILDING ONE FAMILY NUMBER OF 1(TYPE OF IMPROVEMENT) N0(_) STORY. (PROPOSED USE) DWELLING UNITS AT(LOCATION) 0034 PROCTOR STREET ZDISTCT ONI IG (N0.) (STREET)BETWEEN AND (CROSS STREET) (CROSS STREET) MAF, 15 034J. LOT 0008207 SG? FT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT.WIDE BY FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: BUILD SINGLE FP;IilLY DWELLING @ 032 PIROCT OR ST. L. L. T AREA OR Gali for Permit to Accu _ 70,E 000 PERMIT VOLUME ESTIMATED COST$ FEE $ (CUBICISOUARE FEET) OWNER MICHAUD SHAWN ADDRESS FOCI BOX a '' BUILDING DEPT. L. E. T THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET.ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS ► ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS NIAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE RMITS ARE RE LE SEPARATE REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR 1.FOUNDATIONS OR FOOTINGS. ELECTRICAL,PLUMBING AND 2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS. MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING /INSPECTION APPROVALS P UMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 ,; � I� ; � � C� `;1 ..-fib" G, 2 7 n BOARD Ot HEALTH GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS It G Y' dK r OTHER CITY ENGINEER p� �'. / %` .� -"i 2 � 11 WORK SHALL NOT PROCEED UNTIL THE I PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD INSPECTOR HAS APPROVED THE VARIOUS I NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION. . � !