Loading...
30 FORRESTER STREET - ZBA I� 30 FORESTER STREET -� i f Legal Notice 1 CITY OF SALEM BOARD OF APPEAL 7459595 Ext.361 Will hold a public hearing for all persons interested in the petition' I submitted by DIANE & MICHAEL' RHATIGAN requesting Variances from,, lot size, lot area and lot area peri dwelling to construct a 2 family dwelling for a sign for the property located at 32 FOREST STREET R-2.Said hearing will be.held WEDNESDAY,MAY 16,1 2005 AT 6:30 P.M., 120 WASHING TON STREET,3RD FLOOR, ROOM �� 313. Nina Cohen Chairman' (5/4,11) CITY OF SALEM, MASSACHUSETTS C , BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-743-9895 FAX: 978-740-9846 REQUEST FOR AN EXTENSION OF THE VARIANCE GRANTED FOR DIANE & MICHAEL RHATIGAN FOR THE PROPERTY LOCATED AT 30-32 FOREST AVENUE R-2 At the hearing held on April 19 2006, the Board of Appeal voted unanimously to allow a six (6) month extension for the Variance granted for Diane & Michael Rhatigan for the property located at 30-32 Forest Avenue. The six (6) month extension is based on the previous decision having been recorded at the City Clerk's office on June 1, 2005 and the extension is granted until December 1, 2006 x4� I 'ohoh Nina Cohen, Chairman Board of Appeal CITY OF SALEM, MASSACHUSETTS C)T?, u1 5ALE11, MA BOARD OF APPEAL CLDRK'S OFFICE ,gam 120 WASHINGTON STREET, 3RD FLOOR "'�NINB SALEM, MASSACHUSETTS 01970 STANLEY J. UBOVICZ, JR. TELEPHONE: 978-745-9595 -- JUN I P 2: 3_; MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF DIANE&MICHAEL RHATIGAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 32 FOREST AVENUE R-2 A hearing on this petition was held on May 18, 2005 with the following Board Members present; Richard Dionne, Edward Moriarty,Nicholas Helides, Robin Stein and Steven Pinto. 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 lot size; lot area& lot are per dwelling to construct a two-family dwelling for property at 32 Forest Avenue 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 structures 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 plane, makes the following findings of fact: 1. The Petitioner's, Diane&Michael Rhatigan purchased 30-32 Forest Avenue in 1985. 2. The petitioner's property consists of what was,at the time of initial subdivision, two lots of land. 3. In 1988 the petitioners secured a Fong A Plan from the Planning Board to divide to divide the lots and planned to construct a single family on 32 Forest Ave and a two family on 30 Forest Avenue. 4. The Form A Plan was not recorded and leaving the property as one lot. r DECISION OF THE PETITION OF DIANE&MICHAEL RHATIGAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 32 FOREST AVENUE R-2 page two 5. The Petitioners,who did not build as they planned in 1988,now reside in a single family home located at 30 Forest Avenue and are seeking to construct a two- family home on the lot known as 32 Forest Avenue. 6. The Petitioners are seeking the following Variances for 32 Forest Avenue. REQUIRED PROVIDED Front Yard Setback 15 12 Lot Width 100 50 Lot Area 15,000 4,900 Lot Area Per Dwelling 7,500 2,450 Parking Requirements 3 2 Rear Yard Setback 30 25 7. Where 32 Forest Avenue was originally laid out as a separate lot,the Board found that substantial hardship would result if the petition was denied. 8. Based on the community support for the project the Board also found that granting the requested relief would not cause detriment to the neighborhood and in fact would be beneficial to the neighborhood by allowing longtime residents to remain. 9. This petition was presented by Attorney Scott Grover of 222 Essex Street in Salem. On the basis of the above findings of fact, and on,the evidence presented the Board of Appeals finds as follows; 1. Special conditions exist when especially affect the subject property but not he 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 allcityand state stature,ordinance,codes and regulations. 2. All construction shall be done as per the plans submitted and approved by the Building Commissioner. J DECISION OF THE PETITION OF DIANE & MICHAEL RHATIGAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 32 FOREST AVENUE R-2 page three 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. S. Petitioner shall obtain a Certificate of Occupancy. 6. Petitioner shall obtain approval from any City Board or Commission having jurisdiction, but not limited to the Planning Board. 7. Petitioner shall obtain proper street numbering from the City's Assessors Office and shall display said numbers as to be visible from the street 8. 30 Forest Avenue shall remain a single family dwelling. VARIANCE GRANTED MAY 18, 2005 v Robin Stein,Member��C',-'- Board of Appeal 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 2 thm 0 days date of filing beP Y � 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 FSTANLEY CITY OF SALEM, MASSACHUSETf + C� SALEM, 11A CLERK'S OFFICE BOARD OF APPEAL120 WASHINGTON STREET, 3RD FLOOR �� ,, SALEM, MASSACHUSETTS 01970p�Z, JR. �� `� TELEPHONE: 978-745-9595 2005 JUW - I P 2: 33 FAX: 978-740-9846 III IIIIIIII��IIIII�IIIIIIIIIIrllllll��llllllll '+ ____ 2005063000076 Sk;24491 Pg;411 08/30/$006 08:17:00 OTHER PB 1/3 DECISION ON THE PETITION OF DIANE &MICHAEL RHATIGAN — -- REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 32 FOREST AVENUE R-2 A hearing on this petition was held on May 18,2005 with the following Board Members present; Richard Dionne, Edward Moriarty,Nicholas Helides,Robin Stein and Steven Pinto. 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 lot size; lot area&lot are per dwelling to construct a two-family dwelling for property at 32 Forest Avenue 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 structures 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 heating, and after viewing the plane,makes the following findings of fact: 1. The Petitioner's,Diane&Michael Rhatigan purchased 30-32 Forest Avenue in 1985. 2. The petitioner's property consists of what was,at the time of initial subdivision, two lots of land. 3. In 1988 the petitioners secured a Form A Plan from the Planning Board to divide to divide the lots and planned to construct a single family on 32 Forest Ave and a two family on 30 Forest Avenue. 4. The Form A Plan was not recorded and leaving the property as one lot. DECISION OF THE PETITION OF DIANE&MICHAEL RHATIG� REQUESTING A VARIANCE FOR THE PROPERTY LOCATED P- AVENUE R-2 page two 5. The Petitioners,who did not build as they planned in 1988,now res::::: family home located at 30 Forest Avenue and are seeking to constam family home on the lot known as 32 Forest Avenue. 6. The Petitioners are seeking the following Variances for 32 Forest Pm REQUIRED PROVI-M Front Yard Setback 15 l= Lot Width 100 c Lot Area 15,000 Lot Area Per Dwelling 7,500 2,— Parking Requirements 3 Rear Yard Setback 30 7.Where 32 Forest Avenue was originally laid out as a separate lot,the found that substantial hardship would result if the petition was denim 8. Based on the community support for the project the Board also four-- the ourthe requested relief would not cause detriment to the neighborhood _ would be beneficial to the neighborhood by allowing longtime resic7 9. This petition was presented by Attorney Scott Grover of 222 Essex c On the basis of the above findings of fact,and on,the evidence presen7- - of Appeals finds as follows; { 1. Special conditions exist when especially affect the subject property- District ropertyDistrict. 2. Literal enforcement of the provisions of the Zoning Ordinance wow substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the _ and without nullifying or substantially derogating from the intent oA the purpose of the Ordinance. Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in oppositiox _ .. Variances requested,subject to the following conditions: 1. Petitioner shall comply with all city and state stature, ordinance,com regulations. 2. All construction shall be done as per the plans submitted and appro-w Building Commissioner. DECISIOht OF THE PETITION OF DIANE&MICHAEL RHATIGAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 32 FOREST AVENUE R-2 page three 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. Petitioner shall obtain a Certificate of Occupancy. 6.Petitioner shall obtain approval from any City Board or Commission having jurisdiction,but not limited to the Planning Board. 7, Petitioner shall obtain proper street numbering from the City's Assessors Office and shall display said numbers as to be visible from the street 8. 30 Forest Avenue shall remain a single family dwelling.. VARIANCE GRANTED [/,i,n) MAY 18,2005 (N Robin Stein Member�SCt'— Board of Appeal 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 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. 0* SUN 2 P 91105 Board of Appeal I hereby cm*that 20 days haw voted from the date this h%sMm *wu reatved, and that NO APPEAL has bun Aad In this office. A True Copy" ATTEST: CITY dLERK, Salem, Mass. May 18,2005 City of Salem Board of Appeals Dear Sir or Madam: We the undersigned residents of Salem would like to express our approval to this board for Michael and Diane Rhatigan to build a two family house on their property at 32 Forest Avenue. Although we are unable to attend the meeting, please count us in as neighbors in favor of the building plan. Name r^ Address Telephone ���,.�. 7 ✓�+ /? /I�� cj Lc� �elm �o d u— 30 FOREST AVE • SALEM,MA • 01970 May 17, 2005 City of Salem Board of Appeals Dear Sir or Madam: I; Roger Dionne of 15 Hersey Street, Salem, MA, would like to express my approval to li.iS board for A lichael and Diane Rhatigan to build a two family house on their property at 32 Forest Avenue. Although I am unable to attend the meeting,please count me as a neighbor in favor of the building plan. Sincerely, Roger Dionne 15 HERSEY ST. SALEM, MA • 01970