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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
_ 745-9595 ExL 361
Will hold a public hearing for all
persons interested in the petition
submitted by MICHAEL EUGENIO is
seeking a Variance from rear yard
_ 18 setback to construct a 7 1/2 x 16
n addition for the properly located at 10
)r Raymond Road R-1.Said hearing will
rt be held on Wednesday, August 17,
2005 at 6:30 P.M., 120 Washington
1 Street,3rd floor,Room 313.
Nina Cohen
t Chairman
(8/4,10)
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL CITY OF SALEM. MA
CLERK'S 0010E
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 1085 AUG 2U A 9: 03.
DECISION OF THE PETITION OF MICHAEL EUGENIO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 10 RAYMOND ROAD R--1
A hearing on this petition was held on August 17, 2005 with the following Board
Members present: Nina Cohen, Chairman, Edward Moriarty, Nicholas Helides and Robin
Stein.. 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 from rear yard setback to construct a 71/2 x 18
single story addition for the property located at 10 Raymond Road located in a 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
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 reviewing the plans, makes the following findings of fact:
1. Petitioner, Michael Eugenio appeared and represented himself at the hearing.
2. Plans were presented showing the one-story addition.
3. Petitioner stated they needs more living space in their home,
4. The addition will be 71/2 x 18 and requires a variance from the rear yard setback.
5. There was no opposition to this petition.
DECISION OF THE PETITION OF MICHAEL EUGENIO REQUESTING A
VARIANCE FOR THE PROPERTY LCOATED AT 10 RAYMOND ROAD R-1
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.
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 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 statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
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 obtain a Certificate of Occupancy.
7. Unless this decision expressly provides otherwise any zoning relief granted does not
authorize petitioner to demolish or deconstruct any structure (s) on the property to an
extent greater than 50% of the structure as measured by floor area or replacement
cost. If a structure on the property is demolished by any means to an extent of more
than fifty percent of the replacement const or more than fifty percent of its floor area
at the time of destruction, it shall not be reconstructed except in conformity with the
provisions of the Ordinance
8. Petitioner shall obtain approval from any City Boards or Commissions having
jurisdiction, but not limited to the Planning Board.
ed�
Variance Granted Edward Moriaty
August 17, 2005 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.
NOTE.' d '
MAP 32, LOT 13
THIS PLAN IS NOT TO BE CONSIDERED AN ALTA/A CSM ,
LAND TITLE SURVEY, NOR IS IT TO BE USED FOR
RETRACEMENT OF PROPERTY LINES. R-1
RESIDENTIAL ONE FA MIL Y
41F,p,o REFERENCES:
q� Fp DEED BOOK 14741, PAGE 495
o� olq PLAN IN BOOK 2312, PAGE 494
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REMAINDER
LOT 9 1i2 STORY
AREA = 52001+ S.F. W DOWELLING FRAME
LOT 7 po
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PORTION ^ LOT 11
LOT 9 EXISTING PORCH (TBR)I"
PROPOSED
ADDITION
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BOSTON & MAINE RAILROAD
I CERTIFY TO THE SALEM BUILDING
INSPECTOR THA T THE DWELLING SHOWN
HEREON IS LOCATED ON THE GROUND AS
SHOWN.
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\ JOSEPH , PLOT PLAN CHK Br
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SMALL - OF LAND
No.4577 10 RAYMOND ROAD, SALEM, MA
�`�8 °"y PREPARED FOR. MICHAEL EUGENIO
5118105
HANCOCK
�ISurvey Associates, Inc. SCALE. 1 " - 10' JOB
V 5I�8ID5 185 CENTRE STREET, DANVERS, MA. 01923 1 NO.
eROFESS/ LAIVD SUR WR VOICE (978) 777-3050, FAX (978) 774-7816 O 5 10 20 11,947
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