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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
978-745.9595,Ext.381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by RANDY WHITE requesting Vari-
ances from number of stories to con-
struct a third floor for the property
located at 94 Orchard Street R-2.Said I
hearing to be on Wednesday,June 18, 1
.2003, at 6:30 p.m., 120 Washington f
Street,3rd floor,Room 313. g
Nina Cohen,Chairman r
I{ (6/4,11)
CITY OF SALEM, MASSACHUSETTSITY OF SALEM. MA
BOARD OF APPEAL CLERK'S OFFICE
}
- - � 120 WASHINGTON STREET. 3RD FLOOR
x131 ifxa. SALEM, MA 01970
��s�-`•= TEL. (978) 745-9595
FAX (978) 740-9846 2003 JUL - I P 3: Ob
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF RANDY WHITE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 94 ORCHARD STREET R-2
A hearing on this petition was held June 25, 2003 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides 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 number of stories to construct a third floor
dormer for the property located at 94 Orchard Street located in an 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 appeared and represented himself at the hearing.
2. Plans were submitted showing the changes and proposed scale of the project.
3. Staley McDermitt voiced concerns with the scale and lines of the dormer, and
changers were submitted.
4. There was no opposition to this petition.
DECISION OF THE PETITION OF RANDY WHITE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 94 ORCHARD 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. 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. Dormer shall be 12 feet by 29 feet.
Variance Granted
June 25. 2003 �j���fes!�� �✓��'�
Richard Dionne
Board of Appeal
_I
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.
Board of Appeal