56 OCEAN AVENUE - ZBA 56 OCEAN AVENUE l
CHARLES CONNELLY
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Legal Notice 44
CITY OF SALEM I
BOARD OF APPEAL 11
978.745-9595,Ext.381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by CHARLES CONNELLY re-
questing a Variance from side yard set-
back and lot coverage to construct an ,
8x36 addition for property at 56
OCEAN AVENUE R-2. Said hearing
will be held WEDNESDAY,MARCH 19, 2
2003 at 6:30 P.M.,120 WASHINGTON
STREET,3rd FLOOR,ROOM 313.
f Nina Cohen,Chairman
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CITY OF SPLEM,
b� r QV la i I VI' �Ltll. MH
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET'. 3RD FLOOR
SALEM. MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 1003 MAR 21 A-'10' ,42
STANLEY J. USOVICZ, JR. d - -
MAYOR
DECISION OF THE PETITION OF CHARLES CONNELLY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 56 OCEAN AVENUE R-2
A hearing on this petition was held March 19, 2003 with the following Board Members
present: Nina Cohen, Chairman„ Stephen Hams, Nicholas Helides, Bonnie Belair and
Joseph Barbeau. 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 side yard setback to construct an 8 x 36
addition for the property located at 56 Ocean Avenue located in a R-2.
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. Brednan Whalen of Whalen Brothers LLC, appeared and represented the petitioner.
Mr. Whalen is the designer and builder for the proposed addition.
2. The petitioner is requesting a side yard setback of 9 feet instead of the required 10
feet to construct an 8 x 36 addition. Plans were submitted showing the proposed
addition.
3. There was no opposition to this petition.
DECISION OF THE PETITION OF CHARLES CONNELLY REQUESTING
VARIANCES FOR THE PROPERTY LOCATED AT 56 OCEAN AVENUR 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. All construction shall be done as per the plans and dimension 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.
6. Petitioner shall obtain approval from all City Boards or Commission having
jurisdictions including, but not limited to, the Planning Board.
Variance Granted
March 19, 2003
Stephen Hams
Board of Appea(s(2l/�Z\
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THE CII T Y 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 untila 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 ha`s been dismissed or denied is
recorded in the South Essex Registry of Deedsl and indexed under the name of the
owner of record or is recorded and noted on the
owner's Certificate of Trtle.
Board of Appeal
February 7, 2003
City of Salem, Massachusetts
Board of Appeal
120 Washington Street
Salem, MA 01970
Subject: 56 Ocean Avenue
Proposed Addition
To Whom It May Concern:
As the property owner of the proposed 400 s.f. single-story addition to the existing single
family house at 56 Ocean Avenue in Salem, I authorize Brendan Whalen of Whalen
Brothers, LLC to present my petition of relief to Zoning Board of Appeal.
Whalen Brothers, LLC (Mass. Home Improvement Contractor number 131684, exp.
8/25/2004) is the designer and builder for the proposed addition.
You may call me directly at(978) 744-7854 should you require any additional
information.
Sincerely yours,
Charles Connolly
56 Ocean Avenue
Salem, MA 01970