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79 SCHOOL STREET - BUILDING INSPECTION y, w 79,--SCHOOL STREET t1A TEL, (975) 45 9595 Frax iSiE) 740-9546 STANLEY j, USO\IICZ. JR. mi'YCR 1003 MAR 2 L P 3` DECISION OF THE PETITION OF ILENE SIMONS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 79 SCHOOL STREET B-1 A hearing on this petition was held March 19, 2003 with the following Board Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Bonnie Belier 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 News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting Variances from setback and rear setback to construct 2 additions for the property located at 79 School Street located in a Bi 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 viewing the plans, makes the following findings of fact: 1. David Jaquith, Architect for the petitioner appeared and presented the plans of the addition. 2. Plans were shown showing the 2 additions. The proposed additions will create setbacks of 11 feet and 14 feet. 3. A petition signed by 20 neighbors was presented to the Board. 4. Jim Hacker, Councillor Bencal and Elizabeth LeClerc spoke in favor of the petition. 5. There was no opposition to this petition. , DECISION OF THE PET `i 101\ OF ILENE SIMONS REQUESTING VARIANCE FOR THE PROPERTY LOCATED AT 79 SCHOOL STREET B-1 page two 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 5-0 to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans 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. VARIANCE GRANTED MARCH 19, 2003 Nicholas HelidesSSC Board of Appeal tk-1 0 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 LINDSEY MORDEN CLAM SERVICES,INC 65 Merrimack street Lawrence, MA 01849 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws, Ch. 139, Sec. 3B To: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen City Hall ) address } Salem, MA 01970 ) Re: Insured: William and Ilene Simons Property address : 79 School Street Salem, Massachusetts 01970 Policy No. HP103 81 29 Loss of November 23 , 1992 File or Claim No. 1019-0-016463 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1 ,000 .00 or cause Mass. Gen. Laws, Chapter 143 Section 6 to be applicable. If any notice under Mass_Gen Laws, Ch. 139 Sec. 3B is appropriate please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. Insurance Adiuster Title: On this date, I caused copies of this notice to be sent to the persons named at the addresses indicated above by first class mail . c 12/31/92 Signa re and date Copy to Merrimack Mutual Ips. Co. A Member of the Morden and HeWg Gmup .�.CON OIr.Cb CtV of *Aunt, c�58MC> II PICS C Public Property Pepttrttneut �A ~ Jgfo,Hne u'��tv �Iuilliuq 3Bepttrtment Mnr 3salear (brrrn 745-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. April 14, 1988 C.D.N Corporation 79 Bedford Street Burlington,MA. 01803 RE: 779—School St__,—SaIem;MA-._1' Dear Sir, Pursuant to our telephone conversation concerning the above re— ference property, a report from a Structural Engineer is necessary. Have the Engineer state how the problem can be remedied. I have yet to receive a Certified Plot Plan showing the exact location of the building, be advised that these two documents should be submitted to the Building Department prior to the installation of the superstructure. Sincerely David J. Harris Assistant Building Inspector DJH/eaf C.C. Bill Simmon & Ilene Talkowski 3 Devereux Ave. Salem,MA 01970 V SpedLetter© 44-902 G Line®llGllll/llll'1117/llllllGllGlllll11llllllllllrlll������������.__.. Speed Letter® To ��9- �,/',D`-'IJ — From �.r�/�'t-�✓ 9 P Subject ncl -NopplpfOl➢ ���' MESSAfigE.,,,, -yY L� tl./�/✓� (�+�(l� N/ I�.�Z�/'�/Ll/ w- RiVIJ/�� ti ... r� Date Signed REPLY Date Signed WilsonJoneS RECIPIENT-RETAIN WHITE COPY, RETURN PINK COPY GRAYLINE FORM MA 1RAR1 CIM•PRINTED IN USA 1184 SENDC� DEi?CP AND P.ET ' `:=I I OW COY.SEND WHITE AND PIN!<C P1 .; V"TIi `RSJhi INTAC_ _ . E ca STRUCTURAL ENGINEERS Date : / pit)(- 9 148 Park Street P.O. Box 364 G -D /� L�'o2 P Ra ,rt North Reading, MA 01864 To s ^; =''T7 5ai (617) 944.8440 Y OF rir� t�� e.. 79 t7( O121J ST " ""� (617) 664-6733 OWZ L/,U6- o,J Mg 0/8d3 I have inspected the existing structure located at: Building Name or Owner' s Name : F) sLt SINv.uS Street Address : -79 ScHoocST City and States GP, t-e" , A44 The st,-L- and foundation has been found to be in sound condition to the best of my knowledge and belief. * The inspection is a visual and analytical inspection only. No scientific testing (destructive or non-destructive) was made to determine the quality or condition internally of any material in the structural framing. This inspection is for the entire structure This inspection is for part of the structure X The part inspected is described below: �ounaDg7iv.v WALL, Fol )2 ES/DOGE 13L.13G. U.uDE(z- CaNSr2uG7 /off, 1 A/oreo Two sNrc)1JXA <C'E cnACK,S oAJE ,4T &4LL . ouF- A -r 0-FA2 c.JAtl, , 1 1EESE CPACKS P Do /J07' I1-4PAs2 TitE ST2uc'rU/2Al STRFv�+N OF 7l(E rou,uDAT/o.J /SND I T WILL BE SATiS )c.AcTCJZ ; To ,aOFMAffi )VOfLT 7Ila 50?E25'T2Ue'T02E. e KENNEM Kenneth F. Dennison og DENNISON �� Registered Professional � No. S6B9 strnu 669 Structural Engineer o STeP � Lic . No . S(o4-`f ffi n t P. E. Seal State A"SS This certification expires N1iA # Alterations, damages and/or negligent maintenence following the date of this inspection will void this certification.