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CITY OF SALEM - 1
- BOARD OF APPEAL 1
yr 745-9595,Est.381
5zWill hold a public hearing for all
persons interested in the petition sub-
mitted-.by LOUISE & JOSEPH
FAVAZZA requesting a Variance to
expand a non-conforming structure to
add a dormer for the property 24
BOARDMAN STREET, R-2. Said
hearing to be held WEDNESDAY,
NOVEMBER 18,1998 AT 6:30 P.M„
- ONE SALEM GREEN,2nd floor.
Nina Cohen,Chairman
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DECISION OF THE PETITION OF LOUISE & JOSEPH FAVAZZA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 24 BOARDMAN STREET R-2
A hearing on this petition was held November 18, 1998 with the following
Board members present: Nina Cohen, Ronald Harrison, Richard Dionne, Michael
Ward and Stephen Buczko. 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.
Petitioner is requesting a Variance to expand a non-conforming structure to
add a dormer. Petitioners plan to change the third floor of their home,
which presently is used as attic space, to provide room for family members
who will be moving to their residence. They propose to raise the roof but
still be will within the allowance granted under the code.
The Variance which has been requested may be granted upon a finding of this
board that:
1 . 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.
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . The Detitioners represented themselves.
2 . The petitioners presented plans of the proposed dormer addition.
3. There was no opposition to the plans .
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows :
1. Special conditions exist which especially affect the subject property
and not the district in general .
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
DECISION OF THE PETITION OF LOUISE & JOSEPH FAVAllA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 24 BOARDMAN STREET R-2
page two
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance 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 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 building permit prior to beginning any
construction.
5 . A Certificate of Occupancy is to be obtained.
6. Exterior finishes of the new construction shall be in harmgnv with ;
the existing structure.
Variance Granted
November 18, 1998
Ronald Harrison, Member Thy
Board of Appeal
M_1
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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 Massachusetts General Laws 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 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 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