28 MOONEY ROAD - ZBA 28 MOONSY ROAD
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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 ELROY HALFREY requesting a
Variance from rear yard setback to
construct a sun room for property at
28 MOONEY ROAD R-2.Said hearing
will be held on Wednesday,August
20,2003,at 6:30 p.m.,120 Washing- '
ton Street,3rd floor,Room 313.
"a Nina Cohen,Chairman
(8/6,13)
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�oxmT CITY OF SALEM9 MASSACHUSETTS
i vQ� BOARD OF APPEAL
3 120 WASHINGTON STREET, 3RD FLOOR
; [A SALEM, MA 01970
rydr TEL. (978) 745-9595
�pmNs FAX (978) 740-9846
STANLEY J. USOVICZ, JR. n
MAYOR
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DECISION OF THE PETITION OF ELROY HALFREY REQUESTING A a,
VARIANCE FOR THE PROPERTY LOCATED AT 28 MOONEY ROAD R-2 D mil
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A hearing on this petition was held August 20, 2003 with the following Board Members- y�
present: Richard Dionne,Nicholas Helides, Joan Boudreau, Stephen Harris and JosephN
Barbeau. Notice of the hearing was sent to abutters and others and notices of the hearing
werero erlY
published in the Salem Evening New in accordance with Massachusetts
P P
General Laws Chapter 40A.
The petitioner is requesting a Variance from rear yard setback to construct a sunroom for
the property located at 28 Mooney Road located in an R-2 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 Variance from rear yard setback to construct a sunroom
over existing deck. The setback will be 26.8 feet instead of the required 30 feet.
2. Plans were submitted showing the proposed sunroom
3. There was no opposition to this petition.
' DECISION OF THE PETITION OF ELROY HALFREY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 28 MOONEY ROAD R-I
page two
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
I. 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.
Granted Ja=eaau (f�C�Variance GraAugust 20, 2003 Board of Appeal
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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
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ooxwT CITY OF SALEM9 MASSACHUSETTS
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BOARD OF APPEAL
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120 WASHINGTON STREET, 3RD FLOOR
e SALEM, MA 01970
9 TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. n
MAYOR
c r d
Rr .
DECISION OF THE PETITION OF ELROY HALFREY REQUESTING A ca
VARIANCE FOR THE PROPERTY LOCATED AT 28 MOONEY ROAD R-2
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A hearing on this petition was held August 20, 2003 with the following Board Members- y�
present: Richard Dionne,Nicholas Helides, Joan Boudreau, Stephen Hams and Joseph,Nv
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.
I a Variance
from rear and setback to construct a sunroom for
requesting Y
The petitioner is req g
the property located at 28 Mooney Road located in an R-2 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 Variance from rear yard setback to construct a sunroom
over existing deck. The setback will be 26.8 feet instead of the required 30 feet.
2. Plans were submitted showing the proposed sunroom.
3. There was no opposition to this petition.
1
DECISION OF THE PETITION OF ELROY HALFREY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 28 MOONEY ROAD R-1
page two
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.
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Variance Granted
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August 20, 2003 Board of Appeal ( J
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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
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NOTES
1.) BUILDING LOCATION AND OFFSETS DEPICTED ARE SPECIFICALLY FOR ZONING DETERMINATION
ONLY AND NOT TO BE USED TO ESTABLISH PROPERTY UNES.
2.) THE PROPERTY SHOWN HEREON IS BASED UPON CLIENT FURNISHED INFORMATION AND MAY
BE SUBJECT TO FURTHER TAKINGS AND EASEMENTS.
PLAN REFERENCE
"PLAN OF LAND IN SALEM", DATED 6/29/95, PREPARED BY _N
NORTH SHORE SURVEY CORPORATION.
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N/F
NEW ENGLAND LOT ,T5
POWER CO. Os 10
95
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90� �
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TEMPORARY d
TURNAROUNDrn NIIF
(per plan ref) try
PIETA/N/
21g37
Of 1100/Vt_� �(
JOHN P yG�, / RQ
JUDD y
CIVIL H
No,38360
AfGISTERE
NAL E '
CERTIFICATION
I HEREBY CERTIFY::THAT ,THE .STRUCTURE IS LOCATED ON THE LOT AS DEPICTED.
PLOT .Y,'PLAN A3ATEWAY CONSULTANTS, INC
ZS MOONEY ROAD CIVIL ENGINEERING '& PROJECT MANAGEMENT
33 FOREST HILL AVENUE
SALEM, MA LYNNFIELD, MA 01940
OFFICE: (781) 334-4434
PREPARED FOR FAX (781) 334-0007
AL HAFREY SCALE: 1"=40' DATE: JUNE 30, 2003
28 MOONEY RD.
SALEM, MA 01971 Job No. 2581
NOTES
1.) BUILDING LOCATION AND OFFSETS DEPICTED ARE SPECIFICALLY FOR ZONING DETERMINATION
ONLY AND NOT TO BE USED TO ESTABLISH PROPERTY LINES.
2.) THE PROPERTY SHOWN HEREON IS BASED UPON CLIENT FURNISHED INFORMATION AND MAY
BE SUBJECT TO FURTHER TAKINGS AND EASEMENTS.
PLAN REFERENCE
"PLAN OF LAND IN SALEM", DATED 6/29/95, PREPARED BY _N
NORTH SHORE SURVEY CORPORATION.
i
N/F
NEW ENGLAND LOT 35
POWER CO.
5
A
D��C(tiC
i
90�
/ N
I TEMPORARY C5
TURNAROUND NIF
(per p/on ref.
P/ETA/Nl
278 37'
,e of 400/V4ey
JOHN P. y� / AOqO
JUDD
CIVIL �^
No,38360
AfCIS1ERE
NAt E�(G
CERTIFICATION
I HEREBY CERTIFY:THAT ,THE .STRUCTURE IS LOCATED ON THE LOT AS DEPICTED.
PLOT ,`PLAN GATEWAY CONSULTANTS, INC.
ZS MOONEY ROAD CIVIL ENGINEERING .& PROJECT MANAGEMENT
33 FOREST HILL AVENUE
SALEM, MA LYNNFIELD, MA 01940
OFFICE: (781) 334-4434
PREPARED FOR FAX (781) 334-0007
AL HAFREY SCALE: 1"=40' DATE: JUNE 30, 2003
28 MOONEY RD.
SALEM;'MA 01971 Job No. 2581