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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745.9595,Ext.381 I
will hold a public hearing for all per- Th
sons interested in the petition submit- posal
ted by DANIELLE KELLEHER agre(
requesting a Variance from side yard and I
setback to allow construction of a 16 the sI
x 20 single story addition for the at 1&
property located at 19 Chandler Road adjac
R-1.Said hearing to be held Wednes• Open
day,April 19,2006 at 6:30 p.m., 120 buildl
Washington Street, 3rd floor, Room for an
313. mitte
Nina Cohen,Chairman by th
SN—4/5,4/12/06 and n
to de
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
C
120 WASHINGTON STREET, 3RO FLOOR �}
SALEM, MASSACHUSETTS 01970
T[LEPHONK: 97W743-8698
FAX: 978-740-9846 cJ -
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DECISION ON THE PETITION OF DANIELLE KELLEHER REQUESTING A =
VARIANCE FOR THE PROPERTY LOCATED AT 19 CHANDLER ROAD R-1
A hearing on this petition was held on April 19, 2006 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne,Nicholas Helides,Robin Stein 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 the side yard setback to allow construction
of a 16 x 20 single story addition for the property located at 19 Chandler Road located in
an R-I 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 structures 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 plane, makes the following findings of fact:
1. The Petitioners represented themselves at the hearing.
2. The petitioner is so they can expand the living area off the present kitchen.
3. Petitioner stated that they had spoken with all immediate neighbors and obtained
their support.
4. The present setback is 8 feet which will be maintained with the proposed addition.
5. The house next door on that side is 12 feet away.
6. The proposed addition will be 16 feet by 20 feet.
DECISION OF THE PETITION OF DARLEEN KELLEHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 19 CHANDLER ROAD R-1
page two
7. Joseph O'Keefe,Ward 7 Councilor, spoke in favor of the petition.
8. There was no opposition to the petition.
On the basis of the above findings of fact, and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
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 stature, ordinance, codes and
regulations.
2. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, including but not limited to the Planning Board.
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. A Certificate of Occupancy shall be obtained.
6. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction,but not limited to the Planning Board.
7. Exterior finishes of the new construction shall be in harmony with the existing -,
structure.
Variance Granted Nicholas Helides
April 19,2006 Board of Appeal
w m
1- D
DECISION OF THE PETITION OF DANIELLE KELLEHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 19 CHANDLER ROAD R-1
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 the
Massachusetts General Laws Chapter 40A,and shall be filed within 20 days 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
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