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54 LAWRENCE STREET - ZBA (2) 54 LAWRENCE STREET R—Z 6 PETER JMENIEZ & DEBRA JOYCE— { 1 c^� V (�1 � 1 Legal Noike CrrY.OF SALEM BOARD OF APPEAL (� 745.9595,Ext.381 1 Will hold a public hearing for all persons interested in the petition sub- mitted by Peter Jimeniez and Debra 1 Joyce requesting a Variance from t side setback to construct a 3 season c room for the property located at 54 f Lawrence Street R-2. Said hearing to be held Wednesday,June 21,2000 at 6:30 P.M., One Salem Green, 2nd A Floor. U Nina Cohen N Chairman (6/7,14) r� — Cttp Of 6alem, lazzaCbU$Etto MA JuarD of Z(ppeaC ZJJU1 JUN 28 A fl: 21i DECISION OF THE PETITION_OF.PETERJIMENIEZAND_DEBRA_JOYCE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 54 LAWRENCE STREET R-2 A hearing on this petition was held June 21, 2000 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Paul Valaskagis and Stephen Buczko. 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 setback to construct a 3-season room for the property located at 54 Lawrence Street. 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 petitioners appeared and represented themselves at the hearing. 2. Plans were submitted showing a 12 x 12 three-season screen room to be built on supported existing deck with outside entrance. 3. Letters of support from 5 abutters and neighbors were submitted. 4. There was no opposition to the plan. MA CUFF?CE T DECISION OF THE PETITION OF PETER JIMENIEZ AND DEBRA J Wrr�•Er',rJ 24N qu A 1� 25 REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 54 LAWRENCE STREET R-2 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 4-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state stature ordinances, codes and codes regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. Variance Granted June 21, 2000 ` Richard Dionne, Member Board of Appeals i DECISION OF THE PETITION OF PETER JIMENIEZ AND DEBRA JOYCE REQUESTING A VARIANCE FOR THE PROPERTY 54 LAWRENCE STREET R-2 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. co iv ter' —h N I I� _ J- �'t�(�ffL�'iV �u�'"���G 5 CSF ,�J� G9w�t_ � ��U l�`���c:.� Cyt%� t�c1��T Ts'"��ivC�- 5� c�� U�y � � �--J I .5/�23��a a � CAICIC 0 ------ alto �� z 47J ,ze� a �