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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
Will hold a public hearing for all per-
sons interested in the petition submitted
By ANTONIO NOGUEIRA seeking to
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modify the Variance granted in Sept.18,
2006 to allow expansion from 12 x 16 to
16 x 16 for the property located At 13
FAIRMOUNT$TREET R-2.Said hear-
ing will be held on WEDNESDAY,
DECEMBER 2
0,6:30 P.M.120 WASH-
INGTON STREET 3RD floor, Room
313.
Dec.7&13,2006
Nina Cohen,Chairman
SN—12/07,12/13/06
,
. Legal Notice
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over CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL '—' n—
MAYOR f*1�-
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January 4, 2007 f
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Decision - Amended
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Petition of Antonio Nogueira requesting a Variance C)
for the property at 13 Fairmount Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on December 20, 2006 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Steven Pinto, Bonnie Belair, Elizabeth Debski and Robin
Stein.
The petitioner, Antonio Nogueira, sought a variance from the side yard setback of ten
(10) feet to approximately three (3) feet to allow for enclosing of a twelve (12) by sixteen
(16) foot deck for the property located at 13 Fairmount Street, Salem, in the Two-Family
Residential (R-2) zoning district. The petition was granted on October 18, 2006. Mr.
Nogueira returned to the Board to request that the decision be amended to allow the size
of the deck to be increased to sixteen (16) feet by sixteen (16) feet.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 13 Fairmount Street is within the R-2 zoning district.
2. The petitioner is requesting the variance to enclose a currently existing deck
that is located within the side yard setback
3. The requested relief would result in a three (3) foot setback instead of the
required ten (10) foot side yard setback required in the Two-Family
Residential (R-2) zone, per the city zoning ordinance Table I, Sec, 6-1.
4. The requested relief is no different than that granted in the October 18, 2006
decision.
5. No members of the public wished to speak during the Public Hearing.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
L The petitioner's request to amend the previous Variance does not constitute a
substantial detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Cohen, Belair, Pinto, Debski, Stein) and none (0)opposed, to grant the request to amend
the Special Permit, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to 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.
6. A Certificate of Inspection is to be obtained.
7. Unless this Decision expressly provides otherwise, any zoning relief granted doe
not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty percent
(50%) of its floor area of more than fifty percent (50%) of its replacement cost at
the time of destruction. If the structure is demolished by any means to an extent
of more than fifty percent (50%) of its replacement cost or more than fifty percent
(50%) of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance.
Steven into
Salem Zoning Board of Appeals
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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 of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision hearing 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 it has been
dismissed or denied and 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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DATE: 9-26-06
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