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4 CLEVELAND ROAD - ZBA J r, � �/� �/�� near--:.• .o.W ui Voys��srl'001�n .•` eject Snits Legal Notice 1 two- 1 uom CITY OF SALEM k dory BOARD OF APPEAL w acrewill hold a public hearing for all oad persons interested in the petition sub. "S mitted by CAROL PERRY requesting m onVariances from side yard setback and tk ton lot coverage to construct an addition ir{ to the property located at 4 CLEVE- ',tY. LAND ROAD(R-1).Said hearing to be di held WEDNESDAY, SEPTEMBER 1 19, 2001, at 6:00 P.M., 120 WASH- a is BIGTON STREET,third floor. or y Nina Cohen,Chairman hE ` (9/5,12) si- w V; t ofnlem, ttMCEA �3unra of 'Appud f 2001 SEP 2b P 2° 3b DECISION OF THE PETITION OF CAROL PERRY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 4 CLEVELAND ROAD R-1 A hearing on this petition was held September 19, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Helides. 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 left yard setback, as well as a Variance from the 30 per cent lot coverage, for the property located at 4 Cleveland Road the property located at 72 Proctor Street 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. Attorney Scott M. Grover represented the petitioner. 2. Plans were submitted showing the addition to the property. 3. There was no opposition to the proposed addition. 4. Petitioner stated she needed more space for her teenage sone. DECISION OF THE PETITION OF CAROL PERRY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 4 CLEVELEND ROAD R-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 in general. 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 4-0, 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 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 a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing construction. 6. A Certificate of Occupancy is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Variance Granted September 19, 2001 / n Richard Dionne Board of Appeal DECISION OF THE PETITION OF CAROL PERRY REQUESTING A VARIANCE FOR PROPERTY LOCATED 4 CLEVELAND 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 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 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 Citp of balem, Aaaarbuottfs Office of the (Cite Council Citp A)all COUNCILLORS-AT-LARGE JOAN B. LOVELY WARD COUNCILLORS PRESIDENT 2001 2001 LAURA A.DeTOMA DEBORAH E. BURKINSHAW SCOTT A.LaCAVA THOMAS H. FUREY CITY CLERK - REGINA R.FLYNN KEVIN R. HARVEY JOAN B.LOVELY ARTHUR C.SARGENT III LEONARD F O'LEARY KIMBERLEY L. DRISCOLL SARAH M.HAYES September 18, 2001 JOSEPH A.O'KEEFE, SR. Ms. Nina Cohen, Chairperson Salem Board of Appeal 120 Washington Street SALEM MA 01970 Re: Petition of Carol A. Perry 4 Cleveland Road R-1 Members of the Board: On Monday, September 17, 20011 reviewed, with Mr. Peter R. Strout the architectural drawings of the addition Carol proposes to be added to her home at 4 Cleveland Road. I also reviewed the plot plan of this property dated August 15, 2001 and prepared by North Shore Survey Inc. 47 Linden Street, Salem MA and made part of the petition before the Board. Carol and her two teenage sons have resided in this single family dwelling for over seventeen years. They are part of very fabric of this neighborhood. I understand the young men now share a bedroom together. The proposed two-story addition would provide a bedroom for each. Granted the existing lot is 119 feet long and approximately 50 feet wide at the street with a shared driveway it replicates many similar single family dwellings in this immediate area. I do not believe the granting of a variance by the Zoning Board of Appeal derogates from the Salem Zoning Ordinance enacted by a City Council to promote areas for healthy, safe, convenient and comfortable family life in R-1 districts. I support the petition of Carol A. Perry, 4 Cleveland Road R-1, requesting a variance from side yard setback and lot coverage to construct an addition and request the Board's favorable action. spectfully 06- osep A. O'Ke fe, Sr Councillor Ward 7 28 Surrey Road Re: 4 Cleveland Road, Salem, MA 01970 We have reviewed and discussed with Carol Perry the proposed addition to 4 Cleveland Road, Salem, Massachusetts. We are in favor of the Board granting a variance to her. (Q�n Mti 7yS'Gal �' Name Address Phone No. �4 �r{�hi /W /PVn �Yg 7yS va/� I,Tame Address Phone No. e Addre s Phone No. Name Address Phone No. '-� C' ?f-(s- S �me� Address Phone No. Name Address Phone No. Name Addre hone Name Address Phone No. Name� AddressPhone No. u.GuCtuo%�/ldnx /, ."')�_ /U &S' 5-'J31/ Name Address Phone No. Re: 4 Cleveland Road, Salem, MA 01970 We have reviewed and discussed with Carol Perry the proposed addition to 4 Cleveland Road, Salem; Massachusetts. We are in favor of the Board granting a variance to her. 7 ' � i/urs✓" OAC 5 f? l -Name ddress Phone No. AW, N e Addres6l Phone No. Name Address Phone No. Name Address Phone No. Name Address Phone No. Name Address Phone No. Name Address Phone No. Name Address Phone No. Name Address Phone No. Name Address Phone No.