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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext 361
Will hold a public hearing for all
persons interested in the petition sub-
miffed by CONG NGUYEN requesting
a Variance from rear yard setback to
construct a 11x14 sunroom on exist-
Ing deck for the property located at 5
DUNDEE STREET R-1.Said hearing
will be held on WEDNESDAY, SEP-
TEMBER 15,2004 AT 6:30 P.M., 120
WASHINGTON STREET, 3RD
FLOOR,ROOM 313.
Nina Cohen
Chairman
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
WASHINGTONIZU TREE -�R-D-FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595A
MAYOR FAX: 978-740-9846 X93
j
DECISION OF THE PETITION OF CONG NGUYEN REQUESTING A VARIANCE AN6
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 DUNDEE STREET R-1
A hearing on this petition was held September 15, 2004 with the following Board
Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Stephen Harris and
Nicholas Halides. 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.
Petitioner is requesting a Special Permit and Variance from rear yard setback to
construct an 11 x 14 sunroom on existing deck for the property located at 5 Dundee
Street in an R-1 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 0), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent expansion of nonconforming lots, land,
structures, and uses, provided, however, that such change extension, enlargement or
expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests may be
granted upon a finding by the Board that the grant of the Special Permit will promote the
public health, safety, convenience and welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the 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 or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
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 or the
of the Ordinance
OF THE PETITION OF GONG AIVIo QUE`Ti A_VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 DUNDEE STREET R-1
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Petitioner appeared and represented himself at the hearing.
2. The Petitioner is seeking a Variance from rear yard setback to construct an 11 x
14 sunroom on existing deck.
3. Plans were submitted showing the proposed sunroom.
4. There was no opposition to the proposed plans.
On the basis of the above findings of fact, and on the evidence presented at the
hearings 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 Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested 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
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations m
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector. Iv T
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3. All requirements of the Salem Fire Department relative to smoke and fireoD
safety shall be strictly adhered to. D �3
72
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4. Petitioner shall obtain a building permit prior to beginning any construction. � n
5. Exterior finishes of the construction shall be in harmony with the existing structure
6. Petitioner shall obtain a Certificate of Inspection.
J
DECISION OF THE PETITION OF DONG NYUGEN REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 DUNDEE STREET R-1
page three
Special Permit & Variance Granted
September 15, 2004
A�WCNina Cohen
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 certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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.
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REFERENCE. - PLOT PLAN OF LAND
DEED: REC BK. 5493 PG. '144
PLAN: ISI/ 144 LOCATED IN
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EG. PROFESSION L LAND SU SCALE. 1 °=20 , OGT G 1992
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sMmi H 209 WASHINGTON ST.- SALEM, MA.
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