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2 DALTON PARKWAY - ZBA 2 DALTON PARKWAY M SS V 1 ___�-vi 1Vla$aa Flusetts at Dartmouth. j Legal Notice t 1 CITY OF SALEM (( BOARD OF APPEAL y 978-745-9595,Eat.381 1 will hold a public hearing for all per- sons interested in the petition submit- ` led by SPIROS FLOMP requesting- Variances from rear yard setback to construct an addition for the property located at 2 DALTON PARKWAY R-2. Said hearing to be on Wednesday, July 16,2003,at 6:30 p.m.,120 Wash- Ington Street,3rd floor,Room 313. Nina Cohen,Chairman (7/2,9) i I � . r � .�o CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL C11YU� JAL " 3 y# 120 WASHINGTON STREET, 3RD FLOOR CLERKS OFFICE SALEM, MA 01970 ._ qe = TEL. (978) 745-9595 °rM�Ns FAX (978) 740-9846 STANLEYS VICZ, .1R. MAYOR 2003 JUL 30 A 94 16 DECISION OF THE PETITION OF SPIROS FLOMP REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 2 DALTON PARKWAY R-2 A hearing on this petition was held July 16, 2003 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides 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 New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting Variances from rear yard setback to construct a 3 x 16 addition for the property located at 2 Dalton Parkway located in an R-2 zone. The Variances, which have been requested, upon a finding 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 this 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 appeared and represented himself at the hearing. 2. Plans were submitted showing the proposed addition. 3. Councillor Joan Lovely spoke in favor and a letter was sent from Councillor Leonard O'Leary supporting this petition. 4 There was no opposition to this petition. 1 CI i Y OF SALEM, MA CLERK'S OFFICE DECISION OF THE PETITION OF SPIROS FLOMP REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 2 DALTON PARKWAY R-2 1903 JUL 30 A 9= I b page two On the basis of the above finding of fact, 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 petition. 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; I. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimension 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. Variance Granted Stephen Harris C�'Cri,\ July 16, 2003 Board of Appeal J CITY OF SALEM, MA CLERK'S OFFICE A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ADND3UL 30 A 9= ! b 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