3 OCEAN AVENUE - ZBA 3 OCEAN AVENUE
RICHARD LAMBY
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
7959595 Ext.381
Will hold a public hearing for all
persons
tted by
ested in the
R CHARD petition
requesting a Variance for relief from'
rear yard setback, side yard set-
back and density to construct a 2
level addition for property located at
3 OCEAN AVENUE,R-1. Said hear-
ing `to be held WEDNESDAY,
MARCH_20, 2002 at 6:30 P.M., 120
WASHINGTON. STREET, 3RD
FLOOR,ROOM 313.
Nina Cohen
Chairman
(3/6,13)
o Ir CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL Gi I Y 0F SALEM, MA
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
CLERK'S OFFIC'C
TEL. (976) 745-9595
Q FAX (978) 740-9846
STANLEY J. LISOVICZ, JR.
MAYOR 1002 MAA 21 P 2
DECISION OF THE PETITION OF RICHARD LAMBY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 3 OCEAN AVENUE R-1
A hearing on this petition was held March 20, 2002 with the following Board Members
present: Nina Cohen, Richard Dionne, Nicholas Helides, Bonnie Belair and Stephen
Harris. 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 a Variance from rear yard setback (22 feet), side setback
(6.5 feet) and lot density (41%)for the property located at 3 Ocean Avenue located in a
R-1 zone.
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. Mr. Ray Guertin, architect for the Petitioner presented the proposed plans showing
the two-story addition.
2. Petitioner has a growing family and needs more room for his family.
3. There was no opposition to the plans submitted.
DECISION OF THE PETITION OF RICHARD LAMBY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 3 OCEAN AVENUE R-1
page two
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 statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions 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.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
VARIANCE GRANTED (,9/ " "
MARCH 20, 2002
Richard Dionne
Board of Appeal
A
DECISION OF THE PETITION OF RICHARD LAMBY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 3 OCEAN AVENUE R-1
page three
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
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