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327 LAFAYETTE STREET - ZBA 4 1lTe � \ 3� � �' � , � o i �� ,ice � � � �� � � J low, CIO- Legal Notice iper- `the CITY OF SALEM andBOARD OF APPEAL and 97&746.9596,Ext.381 a or will hold a public hearing for all per- ten sons interested in the petition submit- tm- ted by MICHAEL NEMIROVSKY.The )the petitioner is requesting a variance to bar add a third unit to the property located at 327 Lafayette Street R2.Said hear- IN- ing will be held on Wednesday,July 'first 16,2003,at 6:30 p.m., 120 Washing- ICE ton Street,3rd floor,Room 313. Nina Cohen,Chairman f Imo (7/2,9) 1 late i 1 i ��corwT CITY OF SALEM, MASSACHUSE7 S`-Y L1 cr + _ qv BOARD OF APPEAL r `��''�-��,• 1 �A CLERK'S OFFICE Y, 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 STANLEY J. USOVICZ, .-IR. FAX (978) 740-9846 Z003 JUL 21 A 11: 3 I MAYOR DECISION OF THE PETITION OF FRED & LIDIA NEMIROWSKY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 327 LAFAYETTE STREET R-2 A hearing on this petition was held July 16, 2003 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides and Stephen Harris 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 Variances to allow a 3`d unit for the property located at 327 Lafayette Street located in an R-2 zone. I 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. The petitioners appeared and represented themselves at the hearing. 2. Plans were submitted showing the changes and proposed scale of the project. 3. Lot coverage will be no more than 30% and 8 parking spaces will be provided. 4. There was no opposition to this petition r ' CITY OF SALEM. MA CLERK'S OFFICE DECISION OF THE PETITION OF FRED & LIDIA NEMIROVSKY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 327 LAFAYETTE STWTJRt22 1 A 11: 31 page two 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. Certificate of Occupancy shall be obtained. 6. Aluminum siding to be removed and rear yard to be cleared. Variance Granted Richard Dionne July 16, 2003 Board of Appeal l CI1 Y 5AL`cbf. MA CLERK'S OFFICE 2001 JUL 21 A 11: 31 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 DIANE BOUDREAU N M ANSFIELD MAP 32 LOT 239 JOHN H. MAP 32 LOT 236 N/F "I CERTIFY THAT THE DWELLING ALICE M. JOHNSON IS LOCATED AS SHOWN." MAP 32 LOT 234 tiiOFF` �� �`✓ �- 7773f S.F., ILLAi ym► RALPH W. REID P.L.S. 44 O i (ASSESSED) \ �" No 29422 zi \JI ♦ (q9 FE 1 � A NOTE: THIS PLAN WAS PREPARED FROM A TAPE SURVEY. CONDOMINUM �! MULTIPLE OWNERS to �o MAP 32 LOT 229 DOLORES S. SELENKOW GRAPHIC SCALE o I ��t o MAP 32 LOT 231 70 ° 16 30 'p 2�/25TORY% f inch = 30 ft. LOT COVERAGE ' Al-,"TIoN \t _.HOUSE 4- ArVlT_l N = 2535 5F LOT AREA = 7773f S.F. ASSESSED 103l ?7....... 21 SAL E M , M AS SAC H U S ETTS LOT COVERAGE = 301x, PLAN OF LAND PREPARED FOR: *NOTE AREA OF BUILDING IS FOR FOOTPRINT ONLY AND DOES NOT INCLUDE DECKS, STEPS. FREDERICK & LIDIA NEMIROVSKY OR BULKHEAD. 2 1/2 STORY f t f�2 VINYL SIDED 327 LAFAYETTE STREET 327 MAP 32 LOT 230 9}.0 'N REID LAND SURVEYORS R/ 70�t j 365 CHATHAM STREET �� ' LYNN, MASSACHUSETTS W DEED REFERENCE: 327 LAFAYETTE STREET R°RR 6 BOOK: 16330 PAGE: 600 DATE: FEBRUARY 5, 2003 I SCALE: 1 = 30,