4 FEDERAL COURT - ZBA (2) CX�
Qy)
Co
Legal Notice
if CFfY OF SALEM
�,f BOARD OF APPEAL
745.9595,EXT.381
Will hold a public hearing for all
e persons interested in the petition sub-'
nmiffed by H.Victoria Burke request
y ing a Variance for relief from rear
�a yard setbacks to enclose existing porch
s for property located at 4 Federal
y Court. Said hearing to be held
�f Wednesday,March 21, 2001 at 6:30
�, p.m.,One Salem Green,2nd Floor.
Nina Cohen
Chairman
(3/7,14)
Cltp of balCttY, CITY OF SALEM, MA
CLERK'S OFFICE
� �
oarb of peal
1001 MAY -8 AIS 13
DECISION OF THE PETITION OF H. VICTORIA BURKE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 4 FEDERAL COURT R-2
A hearing on this petition was held April 25, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and
James Hacker. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance for relief from rear yard setback to enclosed
existing porch for the property located at 4 Federal Court located in an R-1 zone.
q
The Variances,
which have been requested, upon a finding 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 this 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. Petitioner H. Victoria Burke is requesting a Variance for relief from rear yard setback
to enclose an existing porch.
2. The existing porch is only 1'(plus or minus) from the rear setback and the required
30 ft. setback cannot be met.
3. There was no opposition to the petition.
4. One letter from an abutter was introduced at the March 15, meeting in favor of the
petition.
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
DECISION OF THE PETITION OF H.VICTORIA BURKE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 4 FEDERAL COURT R-2
page two
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
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 5-0,to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain 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.
Variance Granted
April 25, 2001 Stephen Hams,Member
Board of Appeal
DECISION OF THE PETITION H VICTORIA BURKE REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 4 FEDERAL COURT R-2
page THREE
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
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
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