1 CLARK AVENUE - ZBA 1 �
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f Legal Notice
CRY OF SALEM
BOARD OF APPEAL
r 745.9595 EUL 381 i
Will hold a public hearing for ail
persons interested in the petition sub-'
I mitted by SAO HGO requesting a Vari-
ance from side yard setback to con-
struct a 16K21 garage.Setback will be
3ft. instead of the required 10ft.for,
property located at 1 CLARK AVENUE
R-1. Said hearing to be held on
WEDNESDAY,JUNE 15, 2005,6:30
P.M., 120 WASHINGTON STREET, '
3RD FLOOR,ROOM 313.
7 Nina Cohen t,
Chairman
' t
f
• ' CITY OF SALEM, MASSACHUSETTS CITY OFCLERK'S OF A
OFFICE
BOARD OF APPEAL
120 WASHINGTON STREET, 3RO FLOOR
SALEM, MASSACHUSETTS 01970 Z005 JUN 30 A II: 22
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF BAO NGO REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED AT 1 CLARK AVENUE R-1
A hearing on this petition was held on June 15, 2005 with the following Board Members
present: Nina Cohen, Chairman, Edward Moriarty, Nicholas Halides, Richard Dionne
and Steven Pinto. 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 side yard setback to construct a 16 x 21
garage for the property located at 1 Clark Avenue located in a 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 reviewing the plans, makes the following findings of fact:
1. Petitioner is seeking limited relief from the side yard setback requirements to
construct a 16' x 21' garage.
2. The Petitioner indicated that the proposed garage would consist of two levels
3. The side yard setback requirement of the proposed structure/garage will be
3 feet, plus or minus, instead of the required 10 feet under the Zoning Ordinance
4. The Petitioner indicated that the proposed garage would consist of 2 levels.
The first level would be the garage and the second would be for a recreation
room.
5. The Petitioner indicated that the proposed garage fits in with the neighborhood.
In particular, the Petitioner pointed out that many neighbors have similar attached
garages.
1
DECISION OF THE PETITION OF BAO NGO REQUESTING A VARIANCE FOR
THE PROPERTY LCOATED AT 1 CLARK AVENUE R-1
6. The Petitioner indicated that the garage would be accessible from the 15'floor.
7. The Petitioner envisioned a cathedral-like ceiling on the second floor of the
garage. With the room to be used for recreational purposes.
8. There was no opposition to this petition.
9. The Petitioner envisioned the first floor of the garage as adequate and sufficient
for garaging one car.
10. The proposed unit configuration will be two, two bedroom units and two one-
bedroom unit.
11. City Councillor Pelletier appeared and spoke in favor of the Petition, indicating
that the proposal was, obviously, appropriate for this tight knit neighborhood.
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 requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
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.
6. Petitioner shall obtain a Certificate of Inspection.
June 15, 2005 dwar�ri��
Board of Appeal gC kk\
r
l'
DECISION OF THE PETITION OF BAO NGO REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED AT 1 CLERK AVENUE R-1
page three
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.