10 LORING AVENUE - ZBA 10 LORING AVENUE
WILLIAM KELLEY J_
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Legal Notice Han
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CrrY OF SALEM
BOARD OF APPEAL
will hold a public hearing for all
persons interested in the petition sub-
mitted by WILLIAM&BARBARA
EELLEY requesting a Variance for
relief from minimum lot area per
dwelling unit and Variance from den-
sity to maintain the status as a two-
family dwelling for the property
located at 10 LORING AVENUE R-2.
Said hearing to be held WEDNES-
DAY, NOVEMBER 15,2000 at 6:30
P.M., ONE SALEM GREEN, second;
floor. r 't
Nina Cohen,Chairn
(11/1,8) 1
of 6atem, 046zarbuzettz
' CITY OF SALEM• MA
-Ooarb of 2ppeal CLERK'S OFFICE
1000 NOY I b A If: 23
DECISION OF THE PETITION OF WILLIAM & BARBARA KELLEY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 10 LORING AVENUE R-2
A hearing on this petition was held November 15, 2000 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen
Harris and James Hacker. 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 for relief from minimum lot area per dwelling unit
to maintain the status of the property as a two family dwelling for the property located a
10 Loring Avenue R-2.
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, William & Barbara Kelley are the owners of the property located at
10 Loring Avenue. The petition was presented by William Kelley,
2. The petitioners seek a Variance from the residential density regulation requirement
of a minimum lot area per dwelling unit of 7,500 sq.ft. in the R-2 district. The
petitioner's lot has an area of approximately 7,950 sq. ft.
3. The petitioners have requested the Variance to maintain the status of the property as
a two family dwelling. The Kelley's purchased the home as a two family in 1973 and
have paid taxes on the property as a two family dwelling.
4. The property has ample on-site parking for three vehicles.
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DECISION OF THE PETITION OF WILLIAM & BARBARA KELLELY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 10 LORING AVENUE R-2
page two
5. Mr. Leonard O'Leary, Ward 4 City Councillor, presented support for the requested
Variance.
6. No opposition to the requested Variance was presented.
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 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 requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board.
Variance Granted
November 15, 2000
Stephen Buczko, Member Cl)
Board of Appeals o �p
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DECISION OF WILLIAM & BARBARA KELLEY REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED AT 10 LORING AVENUE 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.
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Board of Appeal o
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