11 NAPLES ROAD - ZBA 11 NAPLES ROAD (R-11
\ JOHN A. HOAR
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QDECISION
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OF THE PETITION OF JOHN A. HOAR REQUESTING A OCi Zb q 57 fil '9S
VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD (& 1J ), r" L „ HAS
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hearing on this petition was held October 18, 1995 with &r fd.;'iiM ng
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen, and Arthur LeBrecque. 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, owners of the property request a Variance from minimum lot
width to build a single family dwelling for the property located at 11
Naples Road.
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. This was determined to be a grandfathered lot.
2. There was no opposition to the request.
3. The abutters and the Osgood Park Neighborhood Association spoke in
favor of the petition.
4. Many of the lots in the neighborhood have less than the required
frontage.
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.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
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DECISION ON THE ?ETITION OF JOHN A. HOAR REQUESTING .-- VARIANCE
FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD i -1)
page two
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
=. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
3 . Petitioner shall obtain a building permit prior to beginning any
construction.
L. A Certificate of Occupancy is to be obtained.
5. 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. y Variance Granted —'���� v(✓�,��' �� �S�ti�
October 18,1995
Stephen Touchette, Chairman
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
Osgood PARk
Ndghb011hood ASSOCIATION
Mr. Stephen Touchette, Chairman
City of Salem Board of Appeals
One Salem Green
Salem, Massachusetts 01970
October 11, 1995
Dear Mr. Touchette,
The Osgood Park Neighborhood Association wishes to go on record supporting
the construction of a single-family residence at 11 Naples Road, Salem, with the proviso
that a minimum of two off-street parking spaces be included in the plan. This is
necessary due to the restricted parking on Naples Road, where no parking is allowed
from 8:00 a.m. to 8:00 p.m.
Sincerely yours,
E. Ferris
Secretary, Osgood Park Neighborhood Association
21 Naples Road
Salem, Massachusetts 01970