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Legal Notice
I '
CITY OF SALEM
I BOARD OF APPEAL
978-745-9595,Ext.381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by EDWARD GAGNON requesting
a Variance from density requirements
to add a sun room to existing single-
family for the property located at 2
Eleanor Road R.I.Said hearing will
be held on Wednesday, April 20
2005 6:30 p.m., 120 Washingtor
Street,3rd floor,Room 313. 1
Nina Cohen,Chairmai
(4/6,13) j
- CITY OF SBOARD o7 APPEAL CFIUSETTS G�C;.i{'S• Gh'�j�t PN
Y
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 lilac
STANLEY J. LISOVICZ, JR. TELEPHONE:
7 96468- 595MAYOR U J gpR28 '� to. J,
I
DECISION OF THE PETITION OF EDWARD GAGNON REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 2 ELEANOR ROAD R-1
A hearing on this petition was held on April 20, 2005 with the following Board Members
present: Nina Cohen, Richard Dionne, Edward Moriarty, Nicholas Helides and Bonnie
Belair. 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 density requirements to add a sunroom to
existing single -family dwelling for the property located at 2 Eleanor Road 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 along with Architect David Jaquith, of Beverly appeared before the
Board at the hearing.
2. The Petitioner needs a Variance from density regulations and side yard setback
to add a sunroom to their property.
3. Plans were submitted showing the proposed sunroom..
4. There was no opposition to the petition.
DECISION OF THE PETITION OF EDWARD GAGNON REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 2 ELEANOR ROAD 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 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 statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions 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.
6. A Certificate of Occupancy shall be obtained.
Variance Granted
April 20, 2005
Nina Cohen
Board of Appeals
DECISION OF THE PETITION OF EDWARD GAGNON REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 2 ELEANOR ROAD R-1
page three
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
N
//11
ELEANOR ROAD
WO E
yg — — 49.77'
O' 00
Map 30 Lot 17
N/F
i
#2 Annette Hanscom
1 Sty. 4 Eleanor Rd.
Dwelling Deed Bk. 6356 Pg. 153
i
i
Q 12.7' _ _ �iiiiiiiii, % 1�t f 6.9'
o 41 Llli
w o o
12.7' % % o
115.42' posed �
o' Addition
33.9, 31.3'
7 ' Map 30 Lot 18
6,605 sq.ft.
Iron Rods Wood Fence �.
(Fnd). _ 74.93'
Map 30 Lot 12
N/F
Leo Hayes
5 Peter Rd.
Deed Bk. 5205 Pg. 791
NOTE: Survey performed with 2 feet
of snow cover.
PLOT PLAN
ZONING DISTRICT — R1 IN
SALEM, MA
REFERENCES: Prepared For
1) Deed Book 7190 Page 95 Edward J. Gagnon
2) Plan in Book 98 Plan 5 2 Eleanor Road
Prepared By
LeBlanc Survey Associates, Inc.
OF 161 Holten Street
"� ,� Danvers, MA 01923
o? VERNON s (978) 774-6012
J.
LeBLANC ^
N/➢0. 3360�0 January 31, 2005 Scale: 1 "=20'
fG RE
HOR. SCALE IN FEET
0 20 50 100