12 CLEVELAND STREET - ZBA (3) 12 CLEVELAND STREET _ }
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by PATRICK CHASSE
requesting a Variance front yard set-
back to construct a farmer's porch
with set of stairs for property located
at 12 CLEVELAND STREET, R-1.
Said hearing to be held WEDNES-
DAY,APRIL 24,2002 AT 6:30 P.M.,
120 WASHINGTON STREET, 3RD
FLOOR.
Nina Cohen
Chairman
(4/10,17)
i
CU I CITY OF SALEM9 MASSACHUSETTS ,
BOARD OF APPEALI'i'
3 120 WASHINGTON STREET, 3RD FLOOR -ER�� S OFFICE
SALEM, MA 01970
'3s TEL. (978) 745-9595
Fax (978) 740-9846
7OB? NIA Y -
STANLEY J. USOVICZ, JR. ' 3 P
MAYOR
DECISION OF THE PETITION OF PATRICK CHASSE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 12 CLEVELAND STREET R-1
A hearing on this petition was held April 24, 2002 with the following Board Members
present: Nina Cohen, Richard Dionne, Nicholas Helides, Bonnie Belair and Stephen
Harris. 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 for a 9 foot front yard setback (instead of 15
foot), to construct a farmers porch with set of stairs for the property located at 12
Cleveland 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 Stephen Lovely represented the petitioner.
2. The petitioner presented plans of the proposed porch.
3. There was no opposition to the plans.
i
DECISION OF THE PETITION OF PATRICK CHASSE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 12 CLEVELAND STREET 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 5-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions 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.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Conservation Commission.
VARIANCE GRANTED /
APRIL 24, 2002
Richard Dionne
Board of Appeal
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