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54 MEMORIAL DRIVE - ZBA U� 7� J J ,� �� �� J n CITY OF SALEM� MASSACHUSETTS 4 D BOARD OF APPEAL Cl l Y OF 120 WASHINGTON STREET, 3RD FLOOR CLERK-S'-Etl SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745.9595 MAYOR FAX: 978-740-9846 jpps DECISION OF THE PETITION OF THOMAS COTE REQUESTING A VARIANCE FOR JUL 2$ P 3• Q THE PROPERTY LOCATED AT 54 MEMORIAL DRIVE R--1 A hearing on this petition was held on July 20, 2005 with the following Board Members present: Nina Cohen, Chairman, Edward Moriarty, Nicholas Helides, Bonnie Belair and Steven Pinto. 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 16 x 29 garage/addition for the property located at 54 Memorial Drive 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 presented a letter from City of Salem, Parks & Recreation Department in support of the petition, 2. The addition will be 2 story with storage on the second floor. 3. The petitioner stated that other side of the dwelling has ledge and therefore the addition could not be located there. 4. Petitioner stated that the garage will be constructed on a foundation. 5. Petitioner presented the original plans for the existing home, which showed a garage in the same location, which was never constructed. 6. There was no opposition to the petition. DECISION OF THE PETITION OF THOMAS COTE REQUESTING A VARIANCE FOR THE PROPERTY LCOATED AT 54 MEMORIAL DRIVE 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 5 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Variance Granted NicoFieli" des July 20, 2005 Board of Appeal / R// 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. .CONDIT CITY OF SALEM, MASSACHUSETTS Park & Recreation Department 3 93 t MACK PARK, P.O. Box 465 qBp "•" SALEM, MASSACHUSETTS 01970 MINE TELEPHONE: 978-744-0180 Stanley J. Usovicz,Jr. FAX: 978-740-9299 Douglas J. Bollen Mayor Superintendent July 20, 2005 To Board of Appeals, I spoke with Tom Cote regarding the attached garage bordering Park property at 54 Memorial Drive. The Park and Recreation Commission does not see any problem with the zero setback at the Park property line. Sincerely, Doug Bollen Superintendent Park and Recreation