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Legal Notice
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CRY OF SALEM 1
BOARD OF APPEAL
745.9595,Ext.381
will hold a public hearing for all per-
sons interested ...the peffiion submd-
ted by GREGORY SALAMIDA re- i
questing a Variance from the density
regulations 6-4 to allow a 3rd floor 1
shed dormer for the property located Pi
at 7 Clifton Avenue R-1.Said hearing chu
will be held on Wednesday,November
16,2005,at 6:30 p.m., 120 Washing- am:
ton Street,3rd floor,Room 313. as t
Nina Cohen,Chairman pan
a a
Bar
to t
f CITY OF SALEM9 MASSACHUSETTS
Ci i Y ;Jr SALEM. MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 1005 NOV 23 A 9: 35
DECISION ON THE PETITION OF GREGORY SALAMIDA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 7 CLIFTON AVENUE R-1
A hearing on this petition was held on November 16, 2005 with the following Board
Members present; Richard Dionne,Nicholas Helides,Nina Cohen, Edward Moriarty and
Robin Stein. 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 Variances from density regulations 6-4 to allow a 3`d floor
shed dormer for the property located at 7 Clifton Avenue in an R-I zone.
The Variances,which have been requested, may be granted upon a fording 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. Gregory Salamida,the petitioner, presented the petition.
2. The dormer will be setback 5 feet from the front and rear edge of the roof.
3. The subject property is a pre-existing nonconforming 2 family dwelling that is
presently used as a single family by the petitioner.
4. Use of the new dormer area will be for storage and a walk up closet.
5. Mr. Salamida stated that he has spoken with his neighbors and there was no
opposition.
6. The subject structure is 11 feet from the neighboring structures.
DECISION OF THE PETITION OF GREGORY SALAMIDA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 7 C=ON AVENUE R-1
page two
7. The petitioner stated that he is willing to relinquish the 2 family status and be
recognized as a single family use.
8. There was no opposition for 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 Inspection shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
7. Property shall remain as a single family.
8. Unless this decision expressly provides otherwise, any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure (s) on the
property to an extent greater than 50% of the structure as measured by floor area
or replacement costs. If a structure on the property is demolished by any means to
an extent of more than 50% of its replacement cost or more than 50% of its floor
area at the time of destruction, it shall not be reconstructed except in conformity
with this Ordinance.
VARIANCE GRANTED
NOVEMBER 16, 2005 �� t
Nicholas Helides
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 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