Loading...
20 LEE STREET - ZBA � � �� � i , � �� � f � � �� �-� � �... � � �o �' Legal Notice CITY OF SALEM BOARD OF APPEAL 745-9595 ExL 381 Will hold a public hearing for all persons interested in the pet'dion sub- mitted by KENDRA MALIONEK requesting a Variance from side yard setback to construct a 28 x 20 two ^ story addition for the property located 1 at 20 Lee Street R-1.Said hearing will I be held on Wednesday,August 17, 2005 at 6:30 P.M., 120 Washington , Street,3rd floor,Room 313. I r Nina Cohen Chairman (8/4,10) 4 r CITY OF SALEM9 MASSACHUSETTS Crr Y OF S BOARD OF APPEAL CLERK'S OFF CE q 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY M. LISROVICZ, JR. TELEPHONE: 78-9849595 1#05AVG23 Q 37 DECISION OF THE PETITION OF KENDRA MALIONEK REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 20 LEE STREET R--1 A hearing on this petition was held on August 17, 2005 with the following Board Members present: Nina Cohen, Chairman, Edward Moriarty, Nicholas Helides and Robin Stein.. 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 construct a 28 x 20 two- story addition for the property located at 20 Lee Street located in a R-1 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 reviewing the plans, makes the following findings of fact: 1. Petitioner, Kendra Malionek appeared and represented herself at the hearing. 2. Plans were presented showing the two-story addition. 3. Councillor Bencal appeared and spoke in favor of the petition. Several neighbors spoke in support of this petition. 4. It was noted that the home is presently not displaying a street numbers Petitioner stated that she would immediately place the numbers on the home. 5. There was no opposition to this petition. i DECISION OF THE PETITION OF KENDRA MALIONEK REQUESTING A VARIANCE FOR THE PROPERTY LCOATED AT 20 LEE STREET R-1 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 4 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 Exterior finishes of the new construction shall be in harmony with the existing structure. 6. Petitioner shall obtain a Certificate of Occupancy. 7. Unless this decision expressly provides otherwise any zoning relief granted does not authorize petitioner to demolish or deconstruct any structure (s) on the property to an extent greater than 50% of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than fifty percent of the replacement const or more than fifty percent of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. Variance Granted Nicholas Helides SCE, August 17, 2005 Board of Appeal 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.