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4 FAIRVIEW AVENUE - ZBA ! �� �� � A . � ��� . . � � � � � �� ; � �.- .��- Legal Notice CITY OF SALEM BOARD OF APPEAL Will hold a public hearing for all persons interested in the petition sub- milled by SANDY NORTON seeldng a } Variance from number of stories J allowed (2 1/2)to construct a third story dormer for the property locat- ed at 4 FAIRVIEW AVENUE R-1.Said hearing to be held on WEDNESDAY, m MARCH 21, 2007, 6:30 p.m., 120 WASHINGTON STREET, 3rd floor, Room 313. Nina Cohen Chairman' SN—W7,3/14/07 / ON r CITY OF SALEMo MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE. 978-745-9595 FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR March 29, 2007 — s m_- Decision Petition of Sandy Norton and Lisa Pennick requesting a Variance o T for the property at 4 Fairview Avenue R "y City of Salem Zoning Board of Appeals ? m cn �' IV A public hearing on the above petition was opened on March 21, 2007 pursuant to Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members - were present: Nina Cohen, Richard Dionne, Annie Harris, Elizabeth Debski and Robin Stein. The petitioners, Sandy Norton and Lisa Pennick, sought a Variance from the height requirement of two and one-half(2 '/2) stories to three(3) stories to construct an addition for the property located at 4 Fairview Avenue, Salem, in the Single-Family Residential (R-1) zoning district. 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 petitioner was represented by Richard Griffin, Architect. 2. Petitioner's property is in the Single-Family Residential (R-1) district. 3. The petitioner was requesting a variance from the height requirement of two and one-half(2 /s) stories to three(3)stories to construct a dormer addition 4. The petitioner stated that the height of the roof was no longer going to be raised, but would remain at its current height. 5. No members of the public spoke on the petition. 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: 1. The petitioner's request to for a Variance does not constitute substantial detriment to the public good as residential uses are permitted in the R-1 district and additions are common in this district. i' 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance as residential dwellings are a permitted use in the R-I district. 3. 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, Dionne, Hams, Debski, Stein) and none (0) opposed, to grant the request for Variances, 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 Occupancy is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. Unless this decision expressly provides otherwise, any zoning relief granted does not empower or authorize Petitioner to demolish or reconstruct the structures(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area or 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. �-thbell, Salem Zoning Board of Appeals 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 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 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.