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25 PARLEE STREET - ZBA k 4420 400100�e y IL � X� Lrgal Notice cl CITY OF SALEM Pi BOARD OF APPEAL CI 745-9595 Ext 381 F,` Will hold a public hearing for all per- 9': sons intdrested in the petition submit- i ted by STEPHEN MEDICO seeking a 1f Variance from side and rear setback,to construct a.12 x 11 sunroom on exist- ing deck for the property located at 25 PARLEE STREET R-1. Said hearing i will be held on WEDNESDAY,SEP- ! TEMBER 20,2006 AT 6:30 P.M.,120 WASHINGTON STREET - 3RD FLOOR,ROOM 313. Nina Cohen, Chairman SN—09/09,09/13/2006 f- r• S xoNDIJ .4 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR ,'r Q SALEM, MASSACHUSETTS 01970 v� TELEPHONE: 978-745-9595 D 6 FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR September 28, 2006 Decision o rn 70 Petition of Stephen Medico requesting Variances from rear and side,setback requirements for the property located at 25 Parlee Street, R-1 District cD City of Salem Zoning Board of Appeals m3 i A public hearing on the above petition was opened on September 20, 2006 pursgnt to D Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members present: Nina Cohen, Annie Hams, Beth Debski, Richard Dionne, Bonnie Belair. The petitioner Stephen Medico is requesting variances pursuant to section 9-5 to allow for construction of a twelve (12) foot by eleven (11) foot sunroom on an existing deck for the property located at 25 Parlee Street, Salem, in the Single-Family Residential (R-1) zoning district. The petitioner is requesting variances from the thirty (30) foot minimum rear yard setback requirement of the City of Salem Zoning Ordinance (Sec 6-4,Table I) to approximately sixteen (16) feet, and from the ten (10)foot minimum side setback requirement to thirty-one (31) feet for the new construction of a twelve (12) foot by eleven (11) foot sunroom on an existing deck. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of fact: 1. The property at 25 Parlee Street is within-the-R-1 zoning district. 2. The Petitioner presented a petition in favor of the proposed addition signed by three (3) of his neighbors. 3. It was determined by the Building Inspector that the request for a side setback variance was not required due to the proposed addition's location being outside of the required ten (10)foot side yard setback. 4. There were no members of the public wishing to speak in favor or opposed to the proposed project. C On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes as follows: 1. The petitioner's request for a variance from the rear setback requirement of thirty (30) feet to sixteen (16) feet does not constitute a substantial detriment to the public good. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance. 3. The petitioner's lot size and coverage do not generally occur in the district and are specific to their land. 4. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. 5. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Cohen,Debski,Dionne, Harris, Belair) and none (0) opposed, to grant the request for a variance, subject to the following terms, conditions, and safeguards: 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 to 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. A Certificate of Inspection is to be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. /4 h Elizabeth Debski Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 it has been dismissed or denied and 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. l To whom it may concern: I, Stephen Medico, am requesting a variance from rear and side setbacks, to construct a 12x11 three season sunroom on an existing deck for the property located at 25 Parlee Street R-1, Salem Ma. The names and signatures are of the people in the neighborhood that do not oppose the building of said structure. r. 1 Mr . Lo ' Ma�n�s%i _ 17 Parlee St. s Leno Mello 20 Parlee St. tr. & Mrs. James Deorio 22 Parlee St. ------------------------------ Mr. Ronald Droin Jr. 21 Parlee St. Ms. Mary Ann Taglieri 18 Parlee St. -------------------------------