Loading...
45 MEMORIAL DRIVE - ZBA D = 45 MEMORIAL DRIVE J ` ' S I i � � s s � P ,_...._..... ..._.� tusVzow29.. - - Legal Notice CITY OF SALEM BOARD OF APPEAL 978-745.9595,Ext.381 ' will hold a public hearing for all per- sons interested in the petition submit- ted by BRADFORD SMITH requesting _ a Variance from side yard to construct a 17x21 addition and a 10x17 deck ^ for the property located at 45 Memorial Drive R-1. Said hearing to be held Wednesday,August 20,2003,at 6:30 p.m., 120 Washington Street, 3rd floor,Room 313, Nina Cohen,Chairman (8/6,13) lk% .�o CITY OF SALEM9 MASSACHUSETTS CITY Dr k BOARD OF APPEAL CL.ER, QAL�,p fi y, 120 WASHINGTON STREET, 3RD FLOOR ©MICE A SALEM, MA 01970 TEL. (978) 745-9595 �0�dlrre FAX (978) 740-9846 ZQQJ STANLEY J. USOVICZ, JR. SEP 23 MAYOR DECISION OF THE PETITION OF BRADFORD SMIITH REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 45 MEMORIAL DRIVE R-1 A hearing on this petition was held September17, 2003 with the following Board Members present: Nina Cohen, Chairman, Nicholas Helides, Joan Boudreau, Stephen Harris and Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from side yard setback to construct a 17 x 21 addition and a 10 x 17 deck for the property located at 45 Memorial Drive located in an R-I zone. The Variances, which have been requested, upon a finding 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 this 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 is seeking a right setback of 2.4 feet instead of the required 10 feet in an R-1 zone. And a left side setback of 4.7 feet instead of the required 10 feet to build an addition for the property located at 45 Memorial Drive. . ?. Abutters from 47 & 48 Memorial Drive were in favor of the petitioner's request for the variances. Robert Hayes of 45 Memorial Drive was opposed because of the possible loss of ocean views that might take place if the addition were to be built. 3. Councillor Kevin Harvey spoke in favor of this petition. lry OF C CL ERK,S 0 M. MA DECISION OF THE PETITION OF BRADFORD SMITH REQUESTING A S QFjCE VARIANCE FOR THE PROPERTY LOCATED AT 45 MEMORIAL DRIVE R-1 page two 1003 SEP 4. The Condo Association reprehensive spoke in favor of the petition but did have 23 P 3: concerns regarding the timeline of the construction and thoe hours of construction. Both issues were addressed to there satisfaction. On the basis of the above finding of fact, 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 petition. 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 construction shall be done as per the plans and dimension submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 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 is to obtain approval from any City Board or Commission having jurisdiction including. but not limited to, the Planning Board. Variance Granted StephenTIarris C'^ � September 17, 2003 Board of Appea 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 r 1 n d C� � �T .p N(13 q i J MUSIC ROBERT F. HAVES 40 MEMORIAL DRIVE SALEM, MASS. 01910 .v i City of Salem Board of Appeal 120 Washington Street Salem, Mass. 3 rd Floor We are apposed to any addition to 45 Memorial Drive. We have been living at our addresses for 50 years and have gradually lost our water view. This addition will take away some more of our water view. We can see Beverly Harbor and all the activities that go on out there. Our taxes are based on water view. Although we attended the original meeting and heard that as abutors there was to be some contact by the requestor. We have not heard from him or saw the plans he has submitted. We do not want to have a neighbor conflict but do appose any addition that may made. Robert F. Hayes, I am a Veteran of WW2 and bought this house as a Veteran that was set up by the City of Salem. I am a life long reside of Salem and enjoy my home. I don't want to lose any value on my property. I am not able to attend this appeal because of prior commitment. If I had known of this new meeting I would have tried to make an adjustment. We ask the board to please turn down this request. Sincerely Robert F. Hayes Tel. 978 745 4581 Citp of baiem, Alassarbusetts Office of for Citp Council Citp aQ COUNCILLORS-AT-LARGE THOMAS H.FUREY WARD COUNCILLORS 2003 PRESIDENT 2003 LAURA A.DeTOMA DEBORAH E.BURKINSHAW CLAUDIA CHUBER THOMAS H.FUREY CITY CLERK REGINA R.FLYNN KEVIN R.HARVEY JOAN B.LOVELY ARTHUR C.SARGENT III LEONARD F.C LEARY - KIMBERLEY L.DRISCOLL MICHAEL A.BENCAL JOSEPH A.O'KEEFE,SR. August 18, 2003 Board of Appeal City of Salem Salem, MA 01970 Dear Chairman and Board members: I respectfully request that the petition of 45 Memorial Drive for a deck and addition, be delayed until the petitioners have the opportunity to present their plan to the abutters. It has come to my attention through a few of my constituents that the opportunity to see what is being proposed by the petitioner would be greatly appreciated and hopefully alleviate any issues that would arise during the boards deliberations. My hope would be that a meeting with the abutters before the formal vote of the board would make for a smoother and better project. Sincerely,, KEVIN R. HARVEY COUNCILLOR AT LARGE SALEM CITY HALL"93 WASHINGTON STREET"SALEM, MA"01970-3592 �itp of 6alem, Aassatbusetts ' ®ffite of the UP couna'I Vtp Y)aU COUNCILLORS-AT-LARGE THOMAS H.FUREY WARD COUNCILLORS 2003 PRESIDENT 2003 LAURA A,DeTOMA DEBORAH E.BURKINSHAW CLAUDIA CHUBER THOMAS H.FUREY CITY CLERK REGINA R.FLYNN KEVIN R.HARVEY JOAN B.LOVELY ARTHUR C.SARGENT III LEONARD F.O'LEARY KIMBERLEY L.DRISCOLL - MICHAEL A.BENCAL JOSEPH A.O'KEEFE,SR. August 18, 2003 Ms. Nina Cohen, Chair Board of Appeals 120 Washington Street Salem, MA 01970 h Dear Ms. C n, � .s� r I am writing on behalf of several residents I represent in Ward One, to ask for a continuation of Mr. Bradford Smith's petition requesting a Variance from side yard setback to construct a 17 x 21 addition and a 10 x 17 deck for the property located at 45 Memorial Drive R-1. According to the abutters who have called me, Mr. Smith has not contacted his neighbors to present his project, so they are not sure whether they support it or not. This postponement would in fact help Mr. Smith, by giving him enough time to speak with his neighbors, answer any questions, and address their concerns ahead of the hearing. Barring this communication, he could be facing a group of residents unfriendly to his petition. Respectfully submitted, �-tel Claudia Chuber Ward 1 Councillor SALEM CITY HALL•93 WASHINGTON STREET•SALEM, MA•01970-3592