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CITYOFSALEM, MASSACHUSFT79F SALEM,,_MA.
��. BOARD OF APPEAL CLERKS OFFICE'
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MAO 1970
TEL. (978) 745-9595
FAX (978) 740-9846
.2001 NlJV 25 P 2--38
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF ANDREW LYELL REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 40 COLUMBUS AVENUE R-1
A hearing on this petition was held November 19, 2003 with the following Board
Members present: Nina Cohen, Stephen Harris, Nicholas Helides and Bonnie Belier.
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 setback for the renovation of an
upstairs bathroom for the property located at 40 Columbus Avenue 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. The Petitioner, Andrew Lyell was requesting a Variance for the side setback
requirements to allow a second floor bathroom to be expanded to within 5 feet 6
inches of the property line instead of the 10 feet that is required.
2. The second floor addition will extend from the second floor and not from the
ground therefore the original floor print of the existing structure will not change.
3. There was no opposition to this petition.
DECISION OF THE PETITION OF ANDREW LYALL REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 40 COLUMBUS AVENUE 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.
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 statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per plans 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.
VARIANCE GRANTED
NOVEMBER 19, 2003 �ltt5
Stephen Harris
Board of Appeal Member
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.
Board of Appeal
M
.�o r CITY OF SALEM, MASSACHUSC9'179F SALE#- MA.
BOARD OF APPEAL CLER'K'S OFFICE
' 120 WASHINGTON STREET, 3RD FLOOR
. '••� SALEM, MA 01970
.yep TEL. (978) 745-9595
FAX (978) 740-9846 11163. NOV 25 P Z-38
STANLEY J. LISOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF ANDREW LYELL REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 40 COLUMBUS AVENUE R-1
A hearing on this petition was held November 19, 2003 with the following Board
Members present: Nina Cohen, Stephen Harris, Nicholas Helides and Bonnie Belier.
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 setback for the renovation of an
upstairs bathroom for the property located at 40 Columbus Avenue 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. The Petitioner, Andrew Lyell was requesting a Variance for the side setback
requirements to allow a second floor bathroom to be expanded to within 5 feet 6
inches of the property line instead of the 10 feet that is required.
2. The second floor addition will extend from the second floor and not from the
ground therefore the original floor print of the existing structure will not change.
3. There was no opposition to this petition.
ti
DECISION OF THE PETITION OF ANDREW LYALL REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 40 COLUMBUS AVENUE 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.
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 statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to. .
3. All construction shall be done as per plans 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.
VARIANCE GRANTED
NOVEMBER 19, 2003 ��tj/Ltd
Stephen Harris ��
Board of Appeal Member
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.
Board of Appeal