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Legal Notice {
CITY OF SALEM
BOARD OF APPEAL
978.74541595,Ext.391
will hold a public hearing for all per-
sons interested in the petition submit-
ted by MARK STEVENS requesting a
Variance from front yard setback to
construct farmer's porch for the prop-
erty located at 4 Fairview Road.Said
hearing will be held on Wednesday,
September 15,2004,6:30 p.m., 120
Washington Street, 3rd floor, Room
3f 3. r
Nina Cohen,Chairman
(9/4,8)
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CITY OF SALEM,� MASSACI'IUSETTS
+ BOARD OF APPEAL CITY OF SALEM..MA
CLERK'S OFFICE
120 WASHINGT_ON STREET. 33 D_rLOOR -
-- SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-984e ,2004 SEP 21 P I: 58
DECISION OF THE PETITION OF MARK STEVENS REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 4 FAIRVIEW ROAD R-1
A hearing on this petition was held on September 15, 2004 with the following Board
Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Nicholas Halides and
Edward Moriarty. 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 front yard setbacks to a farmers porch for
the property located at 4 Fairview 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 is seeking a Variance from front yard setback to construct a
farmer's porch.
2. Plans were submitted showing the proposed porch to be constructed.
3. Councillor O'Keefe and Kevin Harvey spoke in favor of this petition.
4. There was no opposition to this petition.
DECISION OF THE PETITION OF MARK STEVENS REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 4 FAIRVIEW ROAD-1
pagetwo
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 construction shall be done as per the plans submitted.
3. All requirements of the Salem Fire Department shall be strictly adhered to.
4. Petitioner shall obtain a building permit before beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
structure.
6. Petitioner shall obtain a Certificate of Inspection.
Variance Granted
September 15, 2004
E ward oriarty �C�
Board of Appeal
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
li 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