Loading...
6 HOME STREET - ZBA � , � ; 1 � � � � � � �� � � � -� � � .co CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CITY OF ,C.xLEM, MA 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE �� . �' SALEM, MA 07970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J.MAYOR VICZ, JR. 20010CT 2q A ck Sg DECISION OF THE PETITION OF ROBERT JELLISON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 6 HOME STREET R-C A hearing on this petition was held October 16, 2002 with the following Board Members present: Nina Cohen, Joan Boudreau, Stephen Harris, Nicholas Helides 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 and rear setback to construct a 2nd store addition for the property located at 6 Home Street located in an R-C 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. Petitioner, Robert Jellison seeks variances from front and rear setbacks to construct a 2nd story addition. 2. Councillor at Large Kevin Harvey appeared and spoke in support of the petition. 3. A petition was submitted with 11 names in favor of the proposed plans. 4. The relief requested is a front setback of 9 feet 6 inches instead of the required 40 feet and a rear setback of 23 feet 6 inches instead of 100 feet. t DECISION OF THE PETITION OF ROBERT JELLISON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 6 HOME STREET R-C 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 in general. 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 construction shall be done as per plans and dimension submitted and approved by the Building Commissioner. 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. A Certificate of Occupancy shall be obtained. VARIANCE GRANTED OCTOBER 16, 2002 .- ��� Stephen'Harris CsC Board of Appeal G 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 20, 2002 We, the undersigned neighbors of Robert and Bethann Jellison, of 6 Home Street, Salem, MA, do not oppose to the proposal of an addition of a second level. Name Address I. QL CC� �-1 4o m 2 S , 2. a 3. J /�r �.1.t LA1 t 14A-e.- $� 4. �)appACA a_+nu A-- A 'v�rArA S� 7. 8 11, l� v�n .