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Legal Notice
CITY OF SALEM i
BOARD OF APPEAL
978-745-9695,Ext 381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by WILLIAM LINSKEY requesting
a Vartance from side yard setback to
replace existing garage with new
steel and create 40x100 building for
the property located at 45.47 Jeffer-
son Avenue 1.Said hearing will be held
on Wednesday,April 20,2005 at 6:30
p.m., 120 Washington Street, 3rd
floor,Room 313.
Nina Cohen,Chairman
(4/6,13) i
i
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. CJSOVICZ, JR. TELEPHONE: 978-745-9595 1��5 APO 28
MAYOR FAX: 978-740-9846 A 10: 30
DECISION OF THE PETITION OF WILLIAM LINSKEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 45-47 JEFFERSON AVENUE I
A hearing on this petition was held on April 20, 2005 with the following Board Members
present: Nina Cohen, Richard Dionne, Edward Moriarty, Nicholas Helides and Bonnie
Belair. 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 side yard setback to replace existing garage
wit new steel and create 40' x 160' building for the property located at 45- 47 Jefferson
Avenue located in an Industrial 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 appeared before the Board and represented himself at the
hearing.
2. The Petitioner property is located in an Industrial Zone
3. Plans were submitted showing the proposed garage.
4. Due to the narrowness of the property, an existing structure and an
encroachment from an abutter the proposed garage will be located
5 feet from the right side lot line.
5. The petitioner seeks to construct the new garage for safety reasons as
well as to improve the character of the site and allow for future growth
of the business and that of his children who also work on site.
6. There was no opposition to the petition.
f �
DECISION OF THE PETITION OF WILLIAM LINSKEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 45-47 JEFFERSON AVENUE I
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 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5 A Certificate of Inspection shall be obtained. Dc�M
Variance Granted
April 20, 20005 Robin Stein, Membe
Board of Appeals
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.
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N/F / RAY LEATHER
CITY of SALEM UHAUL REAL ESTATE COMPANY WASTE CO., Inc. W
7
HATHORNE STREET
(NOTES: PUBLIC - 50.00' WIDE )
1. This plan was prepared using record data on file on the City of Salem,
the Essex South Registry of Deeds, as well as an instrument survey by
by DEWSNAP ENGINEERING ASSOCIATES LLP (DEA). P R O P O S E D P L O T
2. The subject parcel is located upon Assessors Map: 25; as Parecl: 0653. PLAN Of LAND
3. The subject parcel is located within Zone B upon the FIRM (Flood Insurance In
Rate Map) for the City of Salem, Community Panel Number 250102 0005 B, S A L E M M A
Revised to August 5, 1985.
4. Proposed Building Coverage = 30.8% `tw or SCALE: 1" = 50' MARCH 29, 2005
o�fREDERICK C5� Prepared for:
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o DEECHER
DEWS 'A /r /QS 47r William L JeffrsonAvenue
303tB > Salem, MA 01970
Frederick D. Dewsnap, R.L.S. °FCIST Date
Reg.Reg. No.: 3 0 3 1 8 1A666 Prepared by:
} If Surveyor's Seal and/or Signature are not original this plan is null and void. DEWSNAP ENGINEERING ASSOCIATES LLP
178 LINCOLN AVENUE
SAUGUS, MA 01906
TEL.#: (781) 233 - 0595
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