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72 PROCTOR STREET - ZBA 3 UPC 10330 s --No.153Po,,cuas' HASTINGS. NN tr _ `I r � Z r 1 turnealaway-b.--_ second straight shutout. Legal Notice C FY OF SALEM BOARD OF APPEAL will hold a public hearing for all persons interested in the petition sub- miffed by JOHN GHSAOLY request- ing a Variance from side yard setback and rear yard setbacks to construct an addition off the back of the houseI{ for the property located at 72 PROC-1 TOR STREET(R-2).Said hearing to be held WEDNESDAY,SEPTEMBER 19, 2001, at 6:30 P.M., 120 WASH- INGTON STREET,third floor. Nina Cohen,Chairman (9/5,12) 1 TY OF SALEM, ofttlem, 2ISS�ICljuse#t$CICLERK'S OFFICER �Aoara of >�u�a 2001 SEP 2b P 2: 3b DECISION OF THE PETITION OF JOHN J. GILLOOLY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 72 PROCTOR STREET R-2 A hearing on this petition was held September 19, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Helides. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance of 3"from side yard setback and a Variance of 4 feet 3 inches on rear yard setback for the property located at 72 Proctor Street located in an R-2 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 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 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 plans, makes the following findings of fact: 1. The petitioner appeared and represented himself at the hearing. 2. Plans were submitted showing the addition to the property. 3. There was no opposition to the proposed addition. 1 DECISION OF THE PETITION OF JOHN J. GILLOOLY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 72 PROCTOR STREET R-2 page two On the basis of the above findings of fact, and on, 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 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 4-0, 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 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. 5. Exterior finishes of the new construction shall be in harmony with the existing construction. 6. A Certificate of Occupancy is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Variance Granted September 19, 2001 Richard Dionne Board of Appeal DECISION OF THE PETITION OF JOHN J. GILLOOLY REQUESTING A VARIANCE FOR PROPERTY LOCATED 72 PROCTOR STREET R-2 page three 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 Laws7 Chapter 40A, and shall be filed within 20 days after the 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 PLAN OF LAND /N SALEM, MASS. SCALE' 1 = 20' AUGUST 25, 2001 HAYES ENpNEER/NG, INC. 603 SALEM STNEET CML ENGINEERS & WAKERUD, MASS. 01880 LAND SURVEYORS TEL (781) 246-2800 SHOW/NG PROPOSED ADD/T/ON & DECK - N15'00'00'W 66.00 + z x x z x LOT ARE I I� �I 5,610 SF. I asHOFMgss I O o I p '6 I w PETER J. N OGREN y 457 I70OR #33604 9.Bt 751 = FEss1 pv V _ o b 27.Oi l57f a N d o 0 0^', Z00% r t 9.7t 40.4 ExrsnNc 15.81 HVOD oMV BE RREMMM O EXIST/NG HOUSE M p ZONE. R-1 #72 MINIMUM SE784CAS.- �" I.8 FRONT = 15' I'7 EX(S77NO SIDE = 10' BRICK REAR = 30' # / STAIRS Ise y, m {r Ido 4 5.5 N15000'00"W 66.00 PROCTOR STREET NOTE• PER/METER /NFOR11APON COMPILED FROM PLAN RECORDED IN BOOK 2884 PAGE 524 AND FIELD NOTES BY EDWIN T. BR61DZMSK1 AND AMBROSE OOYLE DATED MAY 7 1952. BEARING SYSTEM SHOWN SG'ALED FROM RECORD PLAN.