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152 BAY VIEW AVENUE - BUILDING JACKET IM1�'OV�YS 1tl0�INt101f013J V&IIM30N1 mnou i91/ISkOD180d pOD9dLBIXd LOCO L 'ON 0371NVDMO f10A ONId33M -J 0A1vf*9n-&0JD7%0e •qpl 3d S h��a z BUILDING Replacement card PERMIT JOB WEATHER CARD DATE Jan 21 IB 93 PERMIT NO. 20-91 APPLICANT Scott Clark ADDRESS 152 Bayview Ave. (NO.) (STREET) (CONTR'S LICENSEI Restorations NUMBER OF PERMIT TO Restorations STORY Dwelling DWELLING UNITS (TYPE OI IMPROVEMENT( NO. (PROPOSED USE) 152 Bayview Ave. Ward I ZONING AT fLOCaTI0N1 y DISTRICT R- I (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT 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) Complete restoration of dwelling and second floor addition of gabled dormer REMARKS: NPw PIPPfrirol and hotting SySteERREA OR illi iJ 11 I •J) IIiIL li UVUD VOLUME ESTIMATED COST yT 65°000 FEEMIT $ 395.00 '.CUBIC%SQUARE FEET) WNER Laura $ Dr. Scott Clark :]DRESS 152 Bayview Ave. Salem, Mass. BYILOING DEPT TPD F TreOPh,In 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 AP- PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY 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 APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR PFRMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ELECTRICAL, PLUMBING AND I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MEMBERS(READY TO LATH). FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE OCCUPANCY. - POST THIS CARD SO ITIS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS P MBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS ` 1 L 2 BOARD OF HEALTH GA INSPECTIDN APPROVALS FIRE DEPT.INSPECTING APPROVALS 2 � OTHER CITY ENGINEER 2 2 WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARO INSPECTOR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE - CAN BE ARRANGED FORBYTELEPHONE STAGES OF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION. Faufy. CERTIFICATE ISSUED !� DATE: Januar v 14 , 1994 CITY OF SALEM BUILDING PERMIT - a SALEM. MASSACHUSETTS 01970 a CERTIFICATE OF OCCUPP DATE J,9 PERMIT NO ,.la JL r ✓1...d .0e. -=cor• ADDRESS APPLICANT 1x0.1{T ISTP[[il IC L ,r x's NUMBER OF :'f . l fTn'(�n _vYLI•••• J �._'..D 1G�!'V......._I 1_) STORY DWELLING UNITS PERMIT TO 'a.OPOSEO USE) Irr1( OF IMPROv(M(xll O. ZONING DISTRICT_ AT ILOCATIONI ISi REf TI 1 x0.1 • AND -- BETWEEN ICPOSS STREET) ([x055 STREET) LOT LOT BLOCK SIZE SUBDIVISION • FT. WIDE P• FT. LONG ByFT, IN HEIGHT ARC SnALL CONFORM IN FO BUILDING IS TJ BE , TO TYPE 'USE GROUP BASEMENT WALLS OR FOUNDAi ON — EI t� _�s•sJrar n C= C':J21 <i '9EacoT REMARKS: 0.711 AREA OR .t'. _. y 9MSEx VOLUME 0.016 501/xE E[[r OR"EIO!'E/OrEEOnIOf710 n1s1./OAIOO RE..P 1S v"NORIREYIS . illl�). ;/ :J,'.'. ":CL.. .1nTi" ..TO BE-.POS TEI;¢,0lL PREMISE S OWNER SEE REVERSE'=SAO FPOEPOOND4Ti ONS OF C AODRESS DEPARTMENTAL APPROVAL FOR CERTIFICATE of OCCUPANCY and COMPLIANCE To be filled in by each division indicated hereon upon completion of its final inspection. BUILDINGS Permit No. 20-93 Approved by John J. Jennings Date 1/ 14/94 i Remarks .— II, PLUMBING Permit No. _ i Approved by .Cohn LeClerc Date _ 1110/94 I � Remarks i I�I ELECTRICAL Permit No. I Approved by John aiandi Date 1/ 13 1994 I Remarks_ OTHER F i rp Permit No. I Approved by_ Norman Lapointe Date 1 / 13/94 i Remarks I OTHER Permit No. Approved by Date Remarks �arinq _ CERTIFICATE ISSUED DATE January 14 . 1994 CITY OF SALEM a SALEM. MASSACHUSETTS 01970 BUILDING PERMIT - a CERTIFICATE OF OCCUPA DATE J9 v W1• —11 •� PERMIT NO. .�— 71" L7A ADDRESS - APPLICANT IN0.1 ISTREEII I71,1c'1 t � y'E G NUMBER OF ti391 ViRAF!"1,F, e•'�'f"':•T DWELLING UNITS PERMIT TO 1_1 $TORY \ II�R( 0! IURROVEM[Nll O. IVn OV OSLO U9f1 ZONING —I `arc, OISTRIcl-- AT (LOCATIONI ISTgETI 1 NO.1 AND -- BETWEEN :rRo35 STREETI ICMoss 51.EET) LOT LOT BLOCK SIZE SUBDIVISION BUILDING IS 70 BE Fl. W'DE P. ET. LONG BY FT, IN HEIGHT AND SnALL CONFORM IN CON TO TYPE u5E DROOP BASEMENT WALLS OR FCUNO-1 ON 1rAf v..%Tel :=7 ._ - AREA ORM VOLUME 011MI C B K-SOl/A C F(C T: Lw�EREy���3IE.L {QQ4�EYjELE��{S�E�� N.r a n:O51E v�bll��v3"11 ve'FI OtF1 _ . :.ILC TO BE-,POSTE4.,011 PREMISES _`. AAAA .... Ow NER "y�', SEE RE VERSEJs)OFE0IN GONWi-1016 OF C! ADORES: DEPARTMENTAL APPROVAL FOR CERTIFICATE of OCCUPANCY and COMPLIANCE i To be filled in by each division indicated hereon upon completion of its final inspection. BUILDINGS Permit No. 20-93 Approved by John J. Jennin s _ Date 1/ 14/94 Remarks i PLUMBING Permit No. _ Approved b,,, John LeClerc Date _.L�0 94__ Remarks ELECTRICAL Permit No. i Approved by John ainrdi Date 1 L3.,-1994 Remarks _ OTHER F i ra — Permit No. Approved bv_ Norman Lapointe Date—I / 13/94 Remarks . OTHER Permit No. Approved by_ Date Remarks �,�. i1"W�."..�-�4!•nery.�� � .r�gY�lSdNl{�'11„'^���.•^"1I'^RT^iP Y /:(NMN;.�4w FIELD COPY CITY OF SALEM BUILDING F° SALEM, MASSACHUSETTS 01970 PERMIT VALIDATION V 4[� DATE Jan. 20, 19 93 PERMIT NO. 17-93 APPLICANT Dr. Scott Clark ADDRESS. Sa.lem,MA Owner _ I NO.I (SIPE[TI ICO-I-b ,ICEN11E1 PERMIT TO DFMQT,TTT0N 1_I ;TORY TXp7F JX..NC. OWEBLPING UNITS ONE (Ir,E 01 IMPIIOvEMENII NO. 1,00POSE9 US[I AT ILOCATIONI 152 Rav view Ave_ War(l 1 ZONING DISTRICT R-1 IM0.1 ISTIIE m(t f - BETWEEN , WHO 1C.05. t IUOE. S70EETI 110033 STREEII LOT SUBDIVISION LOT• BLOCK 512E BUILDING IS,TO BE IT. WIDE By FT. LONG BY CT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION ti TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION R 'A (TYPE) REMARRS: Demolish existing Porches, & sheet-recklin basement CALL Fop, INSPECTION 7$445-9595 LUM VOE " '�''r-""'"• '�"" n� L'�/ �.�s'11MATEO COST PERMIT E. 20.00 Ap EAOwNCR Dr. Scott Clark t A^D;E55 151 Bayo evr Avg., lEm, Maurice M. Martineau Sl TANT INSPECTOR OF BUILDINGS INSPECTION RECORD DATE MOTE PROGRESS - CRITICISMS AND REMARKS IMEIECTOM l� S -- _4 ei must be filed and approved by the inspector before a permit for a slim will be prarped. duplicates of which when approved by the inspee►or,shall be kept at the building, during 'T the progress of the work. City of Salem Ward / s 3 ' TEL.# STATE LIC. # CITY O .f#�_ APPLICATION F SALEM LIC,� FOR PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS Salem.Mase, TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build axording to the following specifuatieett Owner's name and address �QuRct nr�• �� �`,�a/ Architect's acme IE GR a,,AA ` f2i, n . Mechanic's name and address—() ° n e r Location of building. No. What is the purpose of building Material of building? DOM U a dwelling, for how 'many families? Sire of Addition: No. of feet froat No. of feet No. of feet deep..J.�&� No. of stories? — No. of feet from the level of the ground to the highest part of the roof? How sear line of the street? How near line of the adjoining lot? What will be the maw of seem to the roof! i kns- Sirs of floor timbem U•�: jd�: gr"t : 41h d•a� Span. Distance on central Use of carrying timbers? Dlstanae of supports on centers- — t kind of support! Will the building be erected on solid or idled land? ^� What is the material of foundation? i A Will the roof be flat. pitched. mansard or gambrel l P t c e Material of roof covering? Co xrG Ke s Will the building bu heated oy stem sr het wstx' No. of brick walls? 0 Where located? Thieimess?� Will the building conform to the requiremmte of the law? Estimated cat __ J VO,U o � PI of appliean: l REMARKS SSC,-.ZD UNDV. r. PFr�r:Ln' OF , 'My �� v No. W■.d l i APPLICATION FOR C PERMIT TO BUILD 4 j ADDITION OR MAKE ALTERATIONS t. c 1 Location PERMIT GRANTED t , 19 Appr:e: Bvll6�r !n Satem FLte Department APPOINTMENT FOR FINAL' F.l-ce PteventLon Bwceau APPOINTMENT FOR FINAL INSPECTION MUST BE MADE AT LEAST ONE WEA 48 L¢4ayette St�ceet INSPECTION MUST BE Salem, Ma 01970 MADE AT LEAST ONE WEEK AMEAD_- (508) 745-7777 AHEAp__ FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In acco4dance wi th the P-tov-i a.ton.6 o4 the M0,64achu,6ett,6 She Build i,ng Code and the Salem Fite Code, appZLcat.Lon " heaeby made 4on apptova2 o4 ptana and;the t44uance o4 a ce4%tL4.Lcate o4 app cova2 4o-c a bui2dLng pe m t by the Sa.Z'em F.i-ce Department. (Re4. Seat-Lon 113. 3, Ma6.6. State Stdg. Code) Job Location: -/j &9vl 14P Owner/Occupant: 11ep� SGo � do-w�a CLAky EtectAt=t Cont�cactoa-: F.iice Suppne.6."on Cont,%acto4: o Appttcant: r`, Phone Add,L".a o4 I/ I / C.fty on AppUcant: cj�Z A� Town: S Ja'-J� Appaova2 date: Z( 3 Ce4tL4.Lcate 04 appaovat Z4 heteby 94anted, on approved plana on eubm.ittat o4 ptoject deta.i .6, by the Salem FZ-te Department. Att ptan6 ate a.pptoved 4oteZy 4o3 .ident -6tcati,on o4 type and ZocatLon o4 4.ine pnotecti.on devtce4 and equipment. At2 p2.an6 cute .au.bject to appnova2 04 any othea. authondty having Ju, "d.tctLon. Upon comptetlon, the appPZcaxrt on tm4taP-ten.(4) .6haZt 4eque-6t an 4n4peeti.on and/on teat o4 the 44.-te p-cotectton devtee4 and equipment. ( ** FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** ) New con,6t%uet.ton. Pnopenty tocatLon has no compliance with the pxovt-6.Lon4 o4 Chaptea 148, Section 26 C/E, M.G. L. , %etati,ve to the t"taZatton o4 approved 4.in.e ata,%m devil ce4. The owner. o4 thi-6 prcopeaty t4 n.equ.iviced to obtatn compt-Lance .a a a conditf on o4 obta.tni.ng a Bu 2 i ng Pe+rm.it. P2ope,tty Zocatton t.6 to compt.Zance w.i,th the pn.ov4,6.Lon6 o4 Chapter", 148, Section 26 C/E, M.G. L. Exp i4.a tivn date: : 3o 3 S ig vice 04 'L't b4tcta2 Fee due: unde,% 7, 500 Sq. Ft. 1 . 0 / FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In compliance with the provision of Section 113.5 of the Massachusetts State Building Code, and under guidelines agreed upon by the Salem Bldg. Inspector and the Salem Fire Chief, the applicant for a building permit shall obtain the Certificate of Approval (see reverse side) and stamped plan approval from the Salem Fire Prevention Bureau.. Said application and approval is required before a building permit may be w issued. The Massachusetts State Building Code requires compliance w approval of the Salem Fire Department, with reference to provisions of LL m w Articles 4 and 12 of the Building Code, the Salem Fire Code, Massachusetts 9Xf- p General Laws, and 527 Code of Massachusetts Regulations. O cn ~F The applicant shall submit this application with three (3) sets of plans, W Z J drawn in sufficient clarity, to obtain stamped approval of the Salem Fire a Department. This applies for all new construction, substantial >" .w w Z alterations, change of use and/or occupancy, and any other approvals as u) y required by the Massachusetts General Laws, and the Salem Fire Exception: Plans will not be required for structural work when the proposed work to be performed under the building permitwill ` not, in the opinion of the Building Inspector;.require `a plan to show the nature and character of the work to be -- performed._. performed. tiN5 , t Notice: Plans are normally required for fire�'suppress on systems, d i fire alarm systems, •tank installations, and Fire Code requirements. Under the provisions of Article 22 of the Massachusetts State Building Code, certain proposed projects may not require submission of plans or complete compliance with new construction requirements. In 'these cases, provisions of Article 229 `Appendix T, and Tables applicable shall apply. This section shall not, however, supersede the provisions outlined in the Salem Fire Prevention Regulations, Chapter 148, MGL, or 527 Code of Massachusetts Regulations. All permits for fire code use and/or occupancy shall apply for the entire structure; fire alarm and/or smoke detector installation shall apply to the entire structure based upon current requirements as per Laws and/or Codes, but the existing structure may comply with regulations applicable for existing structures. - Notice: Sub-contractors may also be required to file individual applications for a Fire Department Certificate of Approval for the area of their work. Such sub-contractors shall file an Application to Install with the Fire prevention Bureau prior to commencing any work for those areas applicable. t FoIR Form 81X (10/90) '(HENT VOR B UXL .. , pp? OE ION M�SONE WEEK pPSPE SINE WEEK i I00s AS LEAS" I ANFAD........ APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . �• � �aar� of ��rettl TO THE BOARD OF APPEALS: The Undersiqned represent that he is are the owners of a certain parcel of land located at NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. The plans involve a full restoration of an 1880 Victorian house which inlcude an open floor plan on the first floor with new kitchen and 1/2 bath. The second floor will involve the addition of a gabled dormer to accommodate a full bath and vaulted ceiling over a new stairway. It will also include a second floor roof-top deck off the master bedroom. A full update of all heating and electrical systems. The outside of the house will be restored to the original Victorian style. The Application for Permit was denied by the Inspector of Buildings for the following reasons: The house's original footprint, which will remain unchanged, is currently non-conforming to zoning codes. The house plans involve the addition of the second floor bathroom dormer which will make a non-conforming structure higher. This does not comply with one line in the Nonconformity zoning code, Section 8-4. The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem` Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Special permit request to increase the height to allow a dormer bathroom addition on the second floor. Owner. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PETITION OF SCOTT AND LAURA CLARK FOR A SPECIAL PERMIT AT 152 BAY VIEW AVENUE, SALEM page two 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 shall be strictly adhered to. 4. Petitioner shall obtain a legal building permit. 5. Exterior finishes of the proposed dormer shall be in harmony with existing structure. 6. All conditions from the previous decision of this Board on June 26, 1991 shall be incorporated into and made part of this decision. SPECIAL PERMIT GRANTED September 30, 1992 Richard A. Bencal, Chairman n w Board of Appeal N ~� � J C� fY.) �C O W U ply must be filed and approved by the Inspector before a permit for ars slim will be gra• T dupliof which when approved by the inspector shall be kept of the building, duriao cates the progress of the work. City of Salem WWd 1 aE /Z -/ 7 TEL.# a'o STATE LIC. # 'a APPLICATION CITY OF SALEM LICA�_ FOR PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS Salem.Mass. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to iluild according to a to owing specifications: Owner's name and address Architect's name Mechanic's name and add ; Location of building. No. What is the purpose of building? Material of building? If a dwelling. for how 'manY families-'— Sin amilies?Sin of Addition: No. of feet !rout. . No. of feet rear -No. of feet deep,.. No. of stories? No. of feet from the level of the ground to the highest put of the roof! now near line of the street? How near line of the adjoining lot? What will be the means of access to the roof! Sin of floor timbm. Iss : sada Span. Distance on Centeno - Size of carrying timbers— Distance imbmDistance of supports on centers— What ntroWhat kind of support? Will the building be erected on solid or filled land? What is the material of foundation! Will the roof be flat. pitched. mansard or gambrelT Material of roof covering? Will the building be heated by steam or hot water Of hot air! No. of brick wells? When located? Thickness? Will the budding conform tothe ngnixmests of the law Estimated cost /x Signature of appiiana JW EMARKS c1niv ITY OF PE URY 12 No! APPLICATION FOR PERMIT TO BUILD ' ADDITION OR MAKE ALTERATIONS Location PERMIT GRANTED . U 19 ' B.mar le,Mrr Ntichaei S. Dukakis Governor �� — ✓ ^' >.1D1 ' 02108 Kentaro Tsutsumt vt 61T) T:'.'-3.^.00 Chauman Charles j. Dine--o Administrator MEMORANDUM TO: All Building DcpartmentsiState Budding Inspectors FROM: Charly 1. Gineuo. Adm:as;:.:or DATE October 31. 1988 SUBJEC-1. MGt. cao SS4 Added Rv r51{4 ti9 of the ,C11 ^f 19117 The above•mentioned statute rcgwra that debris resulting from the demolition. n3ecia solid o�a•wai waste or other alteration of a building or structure be disposed o! in a Property facility as defined by MGL clll. 5130A and that budding permits or EQUItsea are to indicate the SONO al the facility at which the said debris is to be disposed. 'MIS REQUIREMENT DOES NOT APPLY TO NEW CONSTRUCTION. In order to simpltfv the proms and to provide uniformity. we are auaching a copy Of a form which ym an either reproduce and use as it is since the Completed form will be atl2rAcd to the office copy of bttildla g permits or if=== or reproduce it on your letterhead. 1n ase of municipal.commercial.industrial.or multi-unit homing construction. the contractor may not haaw the dumnter subcontractor at the time of the building permit application In such asci. the attacitod a0P1' of an AMd2VIt an be iced. I Issue of should in the have anry abi on please Gc m knowD whfelr v� fl be marled to wa tt in th The complete law is contained l Rat two weeks It you QDtkm 4 Chi of �ttlem, 4ttssttcljusetts OCT13 t. F 02 Ci `J2 ; -goarb of �.Anpenl CITY19F SALE. � c CLERK'S CFF„i DEC_I_SION ON THE PETITION OF SCOTT & LAURA CLARK FOR A SPECIAL PERMIT AT 152 �`�BAY VIEW AVENUE (R-1),� A hearing on this petition was held September 30, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish Jr. , and Stephen Touchette. 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 increase the height by allowing the construction of a dormer on this nonconforming structure. The property is located in an 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. Support from the Ward Councillor as well as two immediate abutters was voiced at the meeting. 2. There will be no change in the footprint of the structure. 3. Granting this petition will allow the petitioner to update all heating and electrical systems and to restore the structure to the original Victorian style. J PETITION OF SCOTT AND LAURA CLARK FOR A SPECIAL PERMIT AT 152 BAY VIEW AVENUE, SALEM page two 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 shall be strictly adhered to. 4 . Petitioner shall obtain a legal building permit. 5. Exterior finishes of the proposed dormer shall be in harmony with existing structure. 6 . All conditions from the previous decision of this Board on June 26, 1991 shall be incorporated into and made part of this decision. SPECIAL PERMIT GRANTED September 30, 1992 n Richard A. Bencal, Chairman ;zw Board of Appeal N ^U- J C� c�Y fv) C W > U.) V {.� O � DECISION ON THE PETITION OF SCOTT AND LAURA CLARK FOR A SPECIAL PERMIT AT 152 BAY VIEW AVENUE, 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 v: �i CV) O � v (Citu of �lrm, tTttssttclTusrtta Boura of AIT�78 EECISION ON THE PETITION OF CARLTON SKINNER FOR VARIANCES =.T 152 BAYVIEW AVENUE (R-I )— nearing on this petition was held June 26, 1991 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Mary Jane Stirgwclt and Associate Member Ronald Plante. Notice of the hearing was sent to =butters 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 from any and all density regulations to allow divison of the property in this R-1 zone. -he 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 land, buildings or structures in the same district. U. 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 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. 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: 11 . There was no opposition expressed. 2. The request for relief is required in order to resolve title defects affecting the parcel. The shape of the deeded parcel is substantially different from the shape of the occupied parcel. 4. The parcel has been occupied by the existing structure/or residential use since the turn of the century. 5. Granting relief will not vary the existing use and structure. Cn the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: i . Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the petitioner. DECISION ON THE PETITION OF CARLTON SKINNER FOR VARIANCES AT 152 BAYVIEW AVENUE, SALEM page two 3. The relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variances requested, subject to the following conditions: 1 . Division of the property be as per the plans submitted. 2. Petitioner obtain approvals from any toner Boards and/or Commissions having jurisdiction. 3. Petitioner and/or assigns maintain, in perpetuity, the seawall abutting lot 32 as shown on the plans. Variance Granted June 26, 1991 y� Richard A. Dencai, Chairman 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 Sectforl 17 dt the Mass. General Laws, Chapter 808, and shall be filed within 20 days ;,Nar the date of firing of this decision in the office of the City Clark. F '7'.1,3nt :o Mass. Ceneral Lars, Ch:infer 808, section 11, the Ve.rfance Permit ,^,r,,nied herein shrill net take effect until a cony of the _ .r:cion. tr^ori❑^, l:i^ cerbf.cetion of the City Clerk that 20 days have p:wo nr-1 no appea! has been filed, or that, if such appeal has teen _ --- Wad, that ti i,.y been d;s.missc.: or denied is recorded in the South Essex ?eplszry of De Ms and indexed under the name or the owner of record or .� is recorded and noted ?Ti the o-.:,ner's Certificate of Title. s � BOARD OF AFaPFJtL —u o _