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19 BARR STREET - ZBA 71 r- IBJ _ 19 BARR STREET M MICHAEL BODFFARD f ,.yw it working with clay.Wet Legal Neike CITY OF SALEM BOARD OF APPEAL i - 978.745.9595,Ext.381 will hold a public hearing for all per- sons interested in the petition submit- j ted by MICHAEL & DEBRA BOUF- FARD requesting Variances from side setback and rear setbacks to con- struct a 14x17 addition for the proper- ty located at 19 BARR STREET R-2. Said hearing to be held on WEDNES- DAY, MARCH 19,2003 at 6:30 p.m., ' 120 WASHINGTON STREET, 3rd FLOOR,ROOM 313. Nina Cohen,Chairman (3/5,12) r F . �!= FF E L U `r Lei i. 1'i A, � _ r � SALEM. MA O i 970 TEL. (978) 745-9595 1,0- FAX (978) 740-9546 STANLEY J. USOVICZ,-JR. 1003 APR -2 P 2: 32 MAYOR DECISION OF THE PETITION OF MICHAEL &DEBRA BOUFFARD REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 19 BARR STREET R-2 A hearing on this petition was held March 19, 2003 with the following Board Members present: Nina Cohen, Chairman,, Stephen Harris,Nicholas Helides,Bonnie Belair 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 New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from side yard setback and rear yard setback to . construct a 17 x 14 addition for the property located at 19 Barr Street located in an R-2 zone. The Variances, which have been requested, upon a finding 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 this 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's appeared and represented themselves at the hearing. 2. The petitioner is re side and setback of 5 feet instead of the required to requesting a s y feet and a rear setback of 7 feet instead of the allowed 30 feet.. Plans were shown showing the proposed addition.. 3. A petition was submitted with 4 names of abutters in favor of this petition. 4. There was no opposition to this petition. a l DECISION OF THE PETITION OF MICHAEL& DEBRA BOUFFARD REQUESTING VARIANCES FOR THE PROPERTY LOCATED AT 19 BARR STREET R-2 page two On the basis of the above finding of fact, 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 in general. 2. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petition. 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 statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimension submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 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 Stephen HamsS,bh Board of Appeal` e11 V! C' ERK . 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 Bouffard 19 Barr Street-Salem, 01970 (978) 744-5598 March 14,2003 . the undersigned, understand that the Bouffard's are planning to add a 17 x 14 family room addition to the rear of their home. Afterspeaking to the Bouffards I have no problem with their plans and will not oppose their efforts. Name address � c ST LIA � i Michael & Debbie Bouffard 19 Barr Street Salem, Ma 01970 (978) 922-1824 January 22, 2003 To Whom It May Concern, We are requesting a special permit to build a family room on our property. The choice of location was decided to best utilize the space in our very small back yard. Any other location would have greatly limited the use of our back yard. In adding the new room to the end of the house we are better able to maintain the continuity of the existing structure and utilize an existing "dead" space in our yard. Sincerely, C I CARTER & TOWERS ENGINEERING CORP. josepn D 'Carl.rr Prole ear l/ .3 yo! SWAMPSCOTT, MASS. 01907 R�gis:e(c�c; S 6 FAIRVIEW AVENUE Surveyor Tel 592-8386 .._..s_...r.----�'._..�.e-1 y Gam__+ .�>. 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