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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595,EXT.381
Will hold a public hearing for all
persons interested in the petition sub-'
milted by John&Gladys Broughton'
requesting Variances from front
yard setback to construct a screened
in porch for the property at 5 Home
Street. Said hearing to be held
Wednesday,April 25, 2001 at 6:30
P.M.,One Salem Green,2nd Floor.
Nina Cohen,Chairman
(4/11,18)
Citp of &- alem, Alam6aEbm;etto
CITY SALEM. MA
�oarb of 2ppea[ CLERK'S OFFICE
2001 MAY -8 P 3. 02
DECISION OF THE PETITION OF JOHN &GLADS BROUGHTON REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 5 HOME STREET R-1
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 front yard setback to construct a
screened porch for the property located at 5 Home Street located in an R-1 zone.
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. Petitioners John & Gladys Broughton represented themselves at the hearing.
2. Plans were submitted showing the enclosed-screened porch.
3. There was no opposition to 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:
7
DECISION OF THE PETITION OF JOHN &GLADYS BROUGHTON REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 5 HOME STREET R-
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;
i
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.
Variance Granted
April 25, 2001 Richard Dionne, Member
Board of Appeal
r
DECISION OF THE PETITION JOHN & GLADYS BROUGHTON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 5 HOME STREET
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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