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6 FLYNN STREET - ZBA 6 FLYNN STREET -' Legal Notice CITY OF SALEM BOARD OF APPEAL 978-745.9595,Ext.381 will hold a public hearing for all per- sons interested in the petition submit- ted by RICHARD&JANEY BEAURE- GARD requesting Variances from front yard setback to construct asecond level for the property located at 6 FLYNN STREET. Said hearing to be held Wednesday, September 17, 2003,at 6:30 p.m., 120 Washington Street,3rd floor. Nina Cohen,Chairman (9/3,10) i .gyp CITY OF SALEM, MASSACHUSETTS y BOARD OF APPEAL CITY OF4(SALE`@��"MA 120 WASHINGTON STREET, 3RD FLOOR CL€AWS OFMIT , o SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. 1003 OCT - I A 8� 43 MAYOR DECISION OF THE PETITION OF RICHARD & JANEY BEAUREGARD REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 6 FLYNN STREET R-1 A hearing on this petition was held September 17, 2003 with the following Board Members present: Nina Cohen, Stephen Harris, Nicholas Helides, Bonnie Belier and Joseph Barbeau. 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 setback to construct a second level for the property located at 6 Flynn Street located in an R-2 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 Mr.Beauregard appeared and represented himself at the hearing. 2. The plans were submitted showing the proposed addition. 3. A petition was submitted with 9 names in support of the petition. 4. There was no opposition to this petition. DECISION OF THE PETITION OF RICHAED & JANEY BEAUREGARD REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 6 FLYNN STREET R-2 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 5-0 to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans 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. VARIANCE GRANTED �CV� SEPTEMBER 17, 2003 / oseph Barbeau �C Board of Appeal Mem er 1 I 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 September 16, 2003 I/We Understand that Richard and Janey Beauregard intend to build a second level on their residence located at 6 Flynn St, Salem MA. I/We understand that the second level will require a variance due to the proximity of the second level to the street. I/We do not oppose the building of the second level. Name Address f rt li/NO,- Vr� 1-1� 0 �a l e 1n r � 2 C " -