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Legal Notice
;CITY OF SALEM
BOARD OF APPEAL-
Will hold a public hearing for all
persons interested in the petition sub-
mitted by JOHN A.HOAR requesting
a Variance from minimum lot width,
frontage and left side setback to allow a
house w/2 car garage to be built for
the property located at 11 NAPLES
STREET(R-1).Said hearing to be held
WEDNESDAY, SEPTEMBER 17,
1997 at 6:30 P.M., ONE SALEM j
GREEN,2nd floor.
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9/3,10) Gary Barrett,Chairman p
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DECISION OF THE PETITION OF JOHN A. HOAR REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD (R-1)
A hearing on this petition was held September 17, 1997 with the following
Board members present: Nina Cohen, Albert Hill, Joseph Ywuc and Richard
Dionne. 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.
Petitioner, requests a Variance from minimum lot width, frontage and left
side setback to allow a house w/2 car garage to be build for the property
located at 11 Naples Road (R-1 ) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal , after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . The petitioner, John A. Hoar appeared and represented himself.
2. The petitioner would like to build a single family dwelling with a
two car garage.
3. Mr. Donald Michaud, 12 Savoy Road appeared in favor of the petition.
Ms. Lorraine Fagone , 14 Savoy Road appeared in favor of the petition.
4. There was no opposition to this petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
DECISION OF THE PETITION OF JOHN A. HOAR REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD
page two
4r 13
3. Desirable relief can be granted with substantialJdet}}0""imenfto
public good and without nullifying and substantially 86(16ZEiJTW1
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 4-0 to grant
the variance 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 dimensions
submitted and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4 . Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem
Assessor 's Office and shall display said number so as to be visible
from the street.
7. Left side shall be no closed than 5 feet from the side setback.
Variance Granted -
September 17, 1997 / . ;-,,z
Cep• /,cC
Richard Dionne, Member
Board of Appeal
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 Massachusetts General Laws 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 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 certification of the City Clerk that 20
days have elapsed 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's Certificate of Title.
Board of Appeal
DATE r.E.=.sii•:G �/` /
PETITIONER /
LOCATION '
XOTION: 70 GRANT SECONC AIENDEE�,? SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
i
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY E::D WITHDRAW RE-HEAR G(
GARY i:. BARRETT
ALBERT C. HILL
JOSEPH YWU
NINA V. COHEN
RICHARD DIONNE
ASSOCIATE '•:=i:BERS
.ARTHUR .EBRE000E
PAUL VALASKATGIS
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