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25 PICKMAN ROAD - ZBA o =====3 - 25 PICKKO ROAD c - r �� I� � �� i CITY OF SALEM, MASSACHUSETTS rmmm BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 - ti n STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9846 L 179 C= O M N &)en DECISION ON THE PETITION OF SCOT STERNBERG REQUESTING A CRk,r-- VARIANCE FOR THE PROPERTY LOCATED AT 25 PICKMAN ROAD R-1 D 4? C-'- m3 A hearing on this petition was held on July 14, 2004 with the following Board MembQ m present;Nina Cohen Chairman,Bonnie Belair, Stephen Harris,Joseph Barbeau and �e Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the heanng were properly published m the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from side yard setback to enclose the existing deck for the property located at 25 Pickman Road located in an 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 structures 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 plane,makes the following findings of fact: 1. The Petitioner appeared and represented himself at the hearing along with his contractor. 2. The petitioner requests a side yard setback to enclose his existing deck and create a three season porch. 3. Petitioner submitted a petition with names of his abutters in favor of the petition. 4. James Shea of 23 Pickman Road appeared in opposition of the petition. He was concerned the structure would be too close for his privacy and was suggested the petitioner add a privacy screen with greenery and shrubs. o pf DECISION ON THE PETITION OF SCOT STEINBERG REQUESTING A ` r- VARIANCE FOR THE PROPERTY LOCATED AT 25 PICKMAN ROAD R-1ril o page two =„ m C'nCn Q On the basis of the above findings of fact,and on, the evidence presented at the heariag, the Zoning Board of Appeal concludes as follows: ows: — q rad.. N 3 D 1. Special conditions exist when especially affect the subject property but not he �® District. 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 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions: 1. Petitioner shall comply with all city and state stature, ordinance, 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. 6. Petitioner shall add a privacy screen with greenery and shrubs. Variance Granted July 14,2004 N Board of Appeal xT D A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOAR AND THE CITY CLERK w. 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 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 I have reviewed the plans for the sun porch and deck at 25 Pickman Road Salem,MA 01970. 1 do not have any problem with these plans for home improvement. Name (Print) Address Signature G`/ A9RCf 5 y �� lel G/t10l7 � uZ ee Z AIP 1�0 as ��ti Ti), C � /� says�.� REGISTRY: T1TLE REFERENCE: X45 PLAN REFERENCE: 1�@1l-�h k �Q ! wxe L Cqg1 h h .10 T Z fi oSE� ` s9 i t PICK MAS, R&4D 7V.-iis plan was not prepared From an instrument survey. MORTGAGE INSPECTION PLAN Offsets and distances shown should not be used to esti.blish property lines. f LO e7� plegi++1ranJ R D This plan is intended for mrtgage purposes only. /AJA _ S certify that the structure _. shown on this Plan BALM � ,�Y—fZ DAM: YYAS in conformrnce with zoning setbacks in effect at the time of construction. CERTIFIED TO: I certify that the parcel shoiwn is-h0 located within Mflr f A� /IJC�Wbt" k-e a flood hazard area as depicted on HUD.Flood Insurance Rat: ,Maps for Community N'o: c210 Oj? -- CAMERON BROTHE�S I=JobI I Touro Ave. N'edfurd,MAi (78 _ _._:_.._ C _ 'Oi?C1i - �11 ! P".7 : ?r 01 ! WMiC' f ^4P.i • L J' iGlli m � r , g a 0 EE Z mo LMIN.WP HEIGHTV-6' Tg ENCLOSURE PR0JEC11oN m aooa ouvd a 13s7 am RE (sI I \ Fm F Z C o r C \ \ C-) 0 \ M wo \ (s 32 wo [sE] ae wo \�[ AI_ . -�— ROOF PROJECTION I �\ d � oaa COMyoN� \ I C l�E .,� !q c-, p - - r WPll HEIGHT ID' � a v� a 1125 BEREA IND.PKWY. LSR 3000 TYPICAL STUDIO REV. DATE BY COMMENT SHEET: BEREA,OH 44017 0 02/23/04 WAC RELEASED FOR USE PH:(440)239-9100 FLOOR PLAN AND ELEVATION m'r (�• FAX.(440)239-1812 DRAWN BY: WAC CHECKED BY: K31R 30S-2 ilk TOLL FREE(800)8247988 E-MAILjmc(d�oyxendg.com SCALE. 114'-1' DATE: 12/312003