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11 1/2 MASON STREET - ZBA�__j' S I`1 11 1/2 MASON STREET f� l t c� Legal Notice CITY OF SALEM BOARD OF APPEAL 745.9595 Ext.381 Will hold a public hearing for all persons interested in the petition sub- mitted by SUCHAND REDDY PINGLE requesting Variances from side set- back to allow an existing addition for property located at 11 1/2 MASON STREET I. Said hearing to be held WEDNESDAY,SEPTEMBER 17,2003� AT 6:30 P.M., 120 WASHINGTON STREET,3RD FLOOR,ROOM 313, Nina Cohen, Chairmani (9/3, 10) r f;IM CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL c 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 �-• - - STANLEY J. USOVICZ, JR. MAYOR o C-)rn� O rn0 DECISION OF THE PETITION OF SUCHAND REDDY PINGLI REQUESTING A N u'i VARIANCE FOR THE PROPERTY LOCATED AT 11 1/.2 MASON STREET I Cr A hearing on this petition was held September 17, 2003 with the following Board c�R� Members present: Nina Cohen, Stephen Harris, Nicholas Helides, Bonnie Belier and Ln Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of U, 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 allow an existing addition for the property located at 11 Y2 Mason Street located in an Industrial 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 viewing the plans, makes the following findings of fact: 1. The Petitioner Mr. Reddy appeared and represented himself at the hearing. 2. The plans were submitted showing the existing addition. 3. The addition has a setback of 7 1/2 feet instead of the required 10-foot setback. 4. There was no opposition to this petition. 5. 11/12 Mason is a legal 3 family dwelling. ,r 1 DECISION OF THE PETITION OF SUCHAND REDDY PINGLI REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 11 '/2 MASON STREET I pagetwo 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 5-0 to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. VARIANCE GRANTED SEPTEMBER 17, 2003 Bonnie Belair nn Yam\ Board of Appeal Me e C J 0 b ti �� 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 I 0 r�4 Al rill �C,) Or- � �3