34 PLEASANT STREET - ZBA 34 PLEASANT STREET
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�J Legal Notice
CITY OF SALEM °
BOARD OF APPEAL B
745-9494 Ext.381 L"
Will hold a public hearing for all
persons interested in the petition sub- 1
mitted by WILLIAM HALE requesting a Ri
Variance per Section 6-4 from the
number of stories to construct a re
I dormer for property located at 34 W
PLEASANT STREET R-2. Said,hear- 1£
ing to be held on WEDNESDAY,JUNE la:
15,2005,at 6:30 P.M.,120 WASHING m
TON STREET,3RD FLOOR, ROOM si.
313. ar
Nina Cohen 1'
Chairman J
CITY OF SALEM9 MASSACHUSETTS CI j Y OF SALEM, MA
BOARD OF APPEAL CLERK'S OFFICE
Mal
120 WASHINGTON STREET, 3RD FLOOR
re� SALEM, MASSACHUSETTS 01970 /�,
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 ,I005 JUN 21 A IU'MAYOR FAX: 978-740-9846 18
DECISION ON THE PETITION OF WILLAIM HARE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 34 PLEASANT STREET R-2
A hearing on this petition was held on June 15, 2005 with the following Board Members
present: Nina Cohen, Chairman, Nicholas Helides, Edward Moriarty, Stephen Pinto and
Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the
hearing were published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner is requesting a Variance from the number of stories to construct a 3`d floor
dormer for the property located at 34 Pleasant Street located in an R-2 district.
The Variance which has been requested may be granted upon a finding of the 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 in the same district;
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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 or the purpose
of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented and after
reviewing the plans at the hearing, makes the following findings of fact:
1. The house has been converted into three condominiums. The third unit is vacant and
the owner of the second unit was not present.
2. There was no opposition to the proposed variance.
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.
DECISION OF THE PETITION OF WILLIAM HARE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 34 PLEASANT STREET R-2
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.
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 and the
building permit shall have a condition that requires the approval of the condominium
association.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. There will be a third floor unit with deck allowed on the dormer.
7. A Certificate of Occupancy is to be obtained.
8. Petitioner shall obtain proper street numbering from the City of Salem Assessors
office and shall display said number so as to be visible from the street.
Variance Granted �Jt/Ytl,( Uo1XJ'C
June 15, 2005 6nnie L. Belau{ �e t
Board of Appeal J
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