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32 NORTHEND AVENUE - ZBA 32 NORTHEND AVENUE JOSEPH 6 ELISA DEMELO i \ Legal Notime au CrrY OF SALEM:) w, .s. BOARD OF.APPM,)i w 745-9595,,E8t.,381c1-j , Will hold a public,hearing for ail persons interested in the sytimitted by Joseph&Elisa DeMel0 cequesting.a Variance from frontsetback to con. struct addition for the prbpetty located at 32 Northend AvenueIR-2. Said hearing to be held rWednesday, March 21, 2001 at 6:30 P:M., One Salem Green,end Floor. „ Nina Cohen i Chmiman (3/7,14) i Citp of balem, 01azzarbuzettg • uarb of }tea[ CITY OF SALEM. MA CLERK'S OFFICE 1001 MAR 30 A 101 1 b DECISION OF THE PETITION OF JOSEPH & ELISA DEMELO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 32 NORTHEND AVENUE R-2 A hearing on this petition was held March 21, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and James Hacker. 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 Variances from front setback to construct an addition for the property located at 32 Northend Avenue R-2. 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 viewing the plans, makes the following findings of fact: 1. The Petitioners property is an existing non-conforming lot with current front setback of 3 feet. 2. The proposed addition would continue the 3 foot setback for another 12 feet. 3. The addition would allow extra living space for their growing family. 4. There was no opposition to this petition. CITY OF SALEM, MA CLERK'S OFFICE DECISION OF THE PETITION OF JOSEPH & ELISA DEMELO REQUESTING40I MAR 30 A VARIANCE FOR THE PROPERTY LOCATED AT 32 NORTHEND AVENUE R- b pagetwo 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 in general. 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 5-0, 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 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. A Certificate of Inspection shall be obtained. 7. Exterior finishes of the new construction shall be in harmony with the existing structure. r CITY OF SALEM. MA CLERKS OFFICE DECISION OF THE PETITION OF JOSEPH & ELISA DEMELO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 32 NORTHEND AVENUE R-2 page three 1gUI MAR 3© AID I b Variance Granted ,� March 21, 2001 b ' ," Stephen Harris, 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 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