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156 BOSTON STREET - BUILDING JACKET , • 156 BOSTON STREET ��coxnlr,�Q CITY OF SALEM, MASSACHUSET315Y OF SALEM. MA BOARD OF APPEAL CLERK'S OFFICE `i 120 WASHINGTON STREET, 3RD FLOOR `� SALEM, MA 01970 a1'� X50 q pR� TEL. (978) 745-9595 FAX (978) 740-9846 2001 DEC 30 P 3: 1.3 STANLEY J. USOVICZ, JR. MAYOR DECISION ON THE PETITION OF MARK CONNELLY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 156 BRIDGE STREET R-2 A hearing on this petition was held on December 18, 2002, with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Joan Boudreau, Richard Dionne and Bonnie Belair. Notice of the hearing was sent to abutters and other 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 to allow the construction of a third floor unit for the property located at 156 Bridge Street located in an R-2 zone. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or 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 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: 1. Attorney Stephen Lovely of 14 Story Street appeared and represented his petitioner. 2. The property is currently being used as an illegal three family. 3. A letter from Councillor Regina Flynn was read in opposition to the proposal. 4. The property has previously been denied as use as a three family. CITY OF SALEM. MA CLERK'S OFFICE DECISION ON THE PETITION OF MARK CONNELLY EQUESTING A VARIANCE FOR THE PROPERTY LOCATED A 156 BRIDGE STREET 2-2 page two Z00I OEC'30 P 3'13 On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 2 in favor and 3 in opposition to grant the requested variances. Having failed to garner the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED DECEMBER 18, 2002 don(r iefsC Board of Appea 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 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 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 passed 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 owners Certificate of Title. Board of Appeal Q�lFIELD COPY BUILDINGCITY OF SALEMSALEM. MASSACHUSETTS 01970 PERMIT /+ DATE Dec. 23, IB 92 PERMIT NO. 599-92 ,,.. APPLICANT Len Gibley. ADDRESS Salem,MA 732 IMO.1 TT1n ISTP[Lil ICON14'5 Ort.111I PERMIT TO l I_I ST ORV DW=IM NUMBER OF 1.TC� DWELLING UNITS ONE 111,( 01 IMP+OVEMEN II NO. IPRUPOS[0 1511 AT I.LOCAT ION] 156 Boston St. Ward 4 DINING DISTRICT IN0.1 ISi+[[TI . BETWEEN AND ICAO!, fTPE[ll ICPOSS STRECII LOT SUBDIVISION LOT BLOCK SI2E BUILDING IS.TO BE FT. WIDE B+ FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION r TO TYPE USE GROUP' BASEMENT WALLS OR FOUNDATION E�TJI IT•,[I /� REMARKS: �wy� IT vOI LIMER / ESTIMATED COST $ 2,000.00 FEEMIT S 2 0.00 o:f1a fow.+[ r[ 1 OWNER Ran nrahii- •^D;Ess 15Fi Pna+nn R1- �,Q�,]�T INSPECTOR OF BUI DINGS INSPECTION RECORD DATE MOTE ►KOOME3E - CNITICISMf •MO KEMRKKf IME►ECTON LEN GIBELY CONTRACTING CO., INC. GIBELY WINDOW & DOOR 149 Main Street Peabody, Massachusetts 01960 Phone (508) 531-8234 • 531-6883 December 8 , 1992 Leo Tremblay . Building Inspector i Salem Green Salem MA 01970 a Dear Mr Tremblay: On inspection at 156 Boston Street , the upper main roof had one layer; I put second layer over it . The lower roof was not done by my company. Sincerely, Len Gibely Owner LG:ams