44 MEMORIAL DRIVE - ZBA L-j r r r r
'- 44 MEMORIAL DRIVE R-1
y Legal Notice_
CITY OF SALEM
BOARD OF APPEAL
745.9595 E#.38 i
Will hold a public hearing for all
persons interested in the petition sub-
mitted by PAUL MORIN requesting a
V ariarrca5peclal Permit to construe es second story on a nonconforming
accessory structure for the properly
located at 44 MEMORIAL DRIVE R1.
Said hearing to be held on WEDNES-
DAY,November 17,2004 at 6•.30 P.M.,
120 Washington Street,3RD FLOOR,
ROOM 313.
Nina Cohen
Chairman
(1114, 10) ^
CITY OF SALEM, MASSACHUSETTS �� L ALE'•t, h
4, CLERK'S OFFICE
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
2004 NOV 29 A 10:
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF PAUL MORIN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 44 MEMORIAL DRIVE R-1
A hearing of this petition was held on November 17, 2004 with the following Board
Members present: Nina Cohen,Chairman, Bonnie Belair, Edward Moriarty, Richard
Dionne and Nicholas Helidcs.Notice of this 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 petition is requesting a Variance to construct a second story on a non-conforming
accessory structure for the property located at 44 Memorial Drive located in an R-1 zone.
The Variance which has been requested may be granted upon a finding of the 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 or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioner.
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 or
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. Petitioner,Paul Morin and his wife appeared and represented themselves at the
hearing.
2. Petitioner would like to construct a second story addition on the garage.
3. Plans were presented showing the proposed addition.
4. Several neighbors appeared and stated opposition to this petition saying a second
story would be large on the property and did not see a hardship for this petition.
S
i
1
DECISIONOF THE PETITION OF PAUL MORIN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 44 MEMORIAL DRIVE R-1
R-2
page two
On the basis of the above findings of fact,and on the evidence presented at the hearing,
the Board of Appeal concludes as follows.
I. Special conditions do not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore,the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance Denied &Cd
November 17, 2004
ionne( �C�\
Board of Appe J
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 MGL
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 MGL Chapter 40A, Section 11, the
Variance of Special Permit granted herein shall not take effect until a copy of the
decision hearing the Certification of the City Clerk that 20 days have passed and no
appeal has been filed, or that, if such appeal has been filed, that it 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 Certificate of
-Title.
Board of Appeal