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4 FAIRVIEW ROAD - BUILDING JACKET CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CI1 Y UI SALEM.,MA 120 WASHINGTON STREET 3 CLERK'S OFFICE --- SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9848 2004 SEP 21 P is 58 DECISION OF THE PETITION OF MARK STEVENS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED A14 FAIRVIEW ROAD R-1 A hearing on this petition was held on September 15, 2004 with the following Board Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Nicholas Halides and Edward Moriarty. 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 a Variance from front yard setbacks to a farmers porch for the property located at 4 Fairview Road located in an R-1 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. The petitioner is seeking a Variance from front yard setback to construct a farmer's porch. 2. Plans were submitted showing the proposed porch to be constructed. 3. Councillor O'Keefe and Kevin Harvey spoke in favor of this petition. 4. There was no opposition to this petition. f DECISION OF THE PETITION OF MARK STEVENS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 4 FAIRVIEW ROAD-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 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans submitted. 3. All requirements of the Salem Fire Department shall be strictly adhered to. 4. Petitioner shall obtain a building permit before beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing structure. 6. Petitioner shall obtain a Certificate of Inspection. Variance Granted September 15, 2004 n brdppeal 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 qF' " 4 f1aIMS � v aw ii1E BRING GRANTED CITY OF S .EM �p w r+'4sb Loosrd in moat Im of rlw arrMorb OIWIlol7 Y",.mo eo!]dloa I (.."i(() Q is Pf"Nb Lao"in - M CMUrA qn AM? Yet.qo z OUILDIN<i Pow APPiLl"T" FOR: ' Pemrk tm (Ckft whlohewr q") Roof. Romd, InsWI Sktlnp. Construct Daok, Pool, Rsvald Aplace. other•. Fitt�,P Y=gyp PLEASE I "OR LEMKY A COMPLETELY TO AVOID DELAYS IN PIIOI1ir TO THE INSPECTOR OF BUILDING& The hwdW applies. for a pormk to bWW awom" to the � toNswM� muftm Owrwes Name Al A P,K ST�U F.n/S Address a Phone AIRUV�w RQ, SALL44 f`1'7,q-7yy— 73 ©/ Ard*e 's Name Ad*m a Phorw ( 1 Msohanb Name , Address a Phone Who M ea pupoM a 0ulellgf ke,�.S/ 0,5S 4 C7Z j MdmW a d-mill WOO 2 . r a fl.for now wAny anwa.f b�lJ wfa earl m sonlons b kw msnwloa wd I Q4o m u0. • N p` eaw ksw• . t �r V w�ae Souturs of AppNow SIQNgD UNDER THE P010 01f, OF PERJURY DESCRIPTION OF WORK TO BE DQNE cf&TR Y 0 00� Cp In/o ZS — T r r.t. ►� N MAIL PERMIT � a y., µ A •I . r h