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65 JEFFERSON AVENUE - ZBA 65 JEFFERSON AVENUE s 4 Legal Notice i CITY OF SALEM BOARD OF APPEAL 978-745.9595,EXL 381 will hold a public hearing for all per- I sons interested in the petition submit- ted by 65 R &C REALTY TRUST is seeking a Variance from lot size and r dimensional requirements to subdi- vide the lot for the property located at C 65 Jefferson Avenue VRC.Said hear- ing to be held Wednesday,March 16, 2005 at 6.30 p.m., 120 Washington Street,3rd floor,Room 313. Nina Cohan,Chairman I- (3/2.9) t CITY OF SALEM, MASSACHUSETTS CI i Y OF SALEM• MA BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 MAR 24 P S- 21 MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF 65 R & C REALTY TRUST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 65 JEFFERSON AVENUE 1/RC A hearing on this petition was held March 16, 2005 with the following Board Members present: Nina Cohen, Chairman, Nicholas Helides, Richard Dionne, Edward Moriarty 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 New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from lot size and dimensional requirements to subdivide the lot for the property located at 65 Jefferson Avenue located in an I/RC 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. Attorney William Quinn appeared and represented the Petitioner's Jeffrey Brothers. 2. The variances requested are lot size, (Lot A is 16,972 so, rather than the 40,000 required) dimensional requirements (side setback is 0; on northerly side, rather than the 30 ft. required) 3. Attorney George Atkins represented the Bouchard's who will use the lot for storage. 4. Councillor John Pelletier spoke in favor of the petition. DECISION OF THE PETITION OF 65 R & C REALTY TRUST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 65 JEFFERSON AVENUE page two 5. Use will be for temporary storage of vehicles and storage of car parts in enclosed garage. 6. There is to be no auto repair work on this site. On the basis of the above finding of fact, 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 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; 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 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 6. Petitioner shall obtain proper street numbering for the City's Assessors Office and shall display number so as to be visible from the street. 1 7 There shall be no auto repair on site. Variance Granted Richard Dionne March 16, 2005 Board of Appeal J 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 MGL 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 MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 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.