112 CLEVELAND STREET - ZBA l
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
will hold a public hearing for all
persons interested in the petition sub- (
i f initted by PATRICK &MICHELLE £
CHASSE requesting a Variance to i
divide property into two lots.Both t
e lots will require frontage and lot size t
relief.Petitioner also requests a vari- I
ance from side and rear lot require- l
ments for property located at 12
CLEVELAND STREET.Said hearing
to be held WEDNESDAY, SEPTEM-
$ER 19, 2601, at 6:30 P.M., 120 h
,WASHINGTON STREET,third Boor, h
Room 313. N
Nina Cohen,Chairman
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�'' +►, fflit� of Salem, 'fflussadjusetts
�ottra of AFtezd CiCLERK S OFFICER
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2001 OCT -3 P
DECISION OF THE PETITION OF PATRICK & MICHELLE CHASSE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 12 CLEVELAND STREET 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 allowing the property to be divided into two lots,
both lots will require frontage and lot size relief, petitioner also requests a Variance for
side and rear lot requirements to 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 of Salem appeared and represented the petitioners.
2. Petitioners own property at 12 Cleveland Street, which they wish to subdivide in
order to build a single-family house.
3. Variances would be required from lot size and frontage requirements for both lots.
Lot 1, petitioner's lot would be 5,005 sf in size, with 67.00 feet of frontage, while Lot 2
would be 1226 in square footage with 104.39 feet in frontage.
4. There was no opposition to the proposed petition.
DECISION OF THE PETITION OFPATRICK & MICHELLE CHASSE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 12 CLEVELEND 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 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. A Certificate of Occupancy shall be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and display said number so as to be visible from the street.
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
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION OF PATRICK & MICHELLE CHASSE REQUESTING A
VARIANCE FOR PROPERTY LOCATED 12 CLEVENALD STREET 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