144R NORTH STREET - ZBA l 1
l
_ I
Legal Notice
CITY OF SALEM
it BOARD OF APPEAL 9+}
978-745-9595,Ext.381
nwill hold a public hearing for all per-
sons interested in the petition submit-
ave ted by JONN LOCKE requesting Vari-
rances from rear yard setback and lot
rider area to subdivide the lot at 5 Dear-
eight from Street for the property located at
,of the 144 North St.&5 Dearbom St.R-2.
e Said hearing will be held on Wednes-
day,November 16,2005, 6:30 p.m.,
120 Washington Street, 3rd floor,
� OIA.1
%,Nin_ a Cohen,Chairman
CITY OF SALEM, MASSACHUSE;'TSOF SALEM. MA
I& BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 NOV 28 P 2: 22
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF JOHN LOCKE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 144R NORTH STREET R-2
A hearing on this petition was held on November 16 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Edward Moriaty, Robin Stein
and Nicholas Helides. 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 rear yard setback and lot area to subdivide
the lot at 5 Dearborn Street for the property located at 144R North Street located in a 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,John Locke appeared and represented himself at the hearing.
2. The rear setback will be 0 instead of the required 30 feet and the lot area will be 4,496
square feet instead of the 15,000 square feet.
3. Petitioner is seeking the variance to show the actual use of the land.
4. There was no opposition to this petition.
DECISION OF THE PETITION OF JOHN LOCKE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 144R DEARBORN STREET R-2
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. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
3. No merger has occurred.
Variance Granted Robin Steins/'
November 16, 2005 Board of App `` ��
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.