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54 RAYMOND ROAD - ZBA jc- If _ - �j ftndafwe� /3 Esselte 74520 40% p4 f 7 � ��� �r � � L ,Legal Notice CRY OF SALEM BOARD OF APPEAL 745-9595 Ext.381 . Will hold a public hearing for all persons interested in the petition sub- mitted by DEBRA GOLDBERG requesting a Variance from off street parking regulations to allow a sec- ond driveway of 18'for the property located at 54 Raymond Road R-1. Said hearing will be held on Wednes- day, October 19,2005 at 6:30 RM., 120 Washington Street; 3rd floor, Room 313. Nina Cohen Chairman (10/5,12) ��Y 1 � CITY OF SALEM, MASSACHUSETTS C!PY u'r` CiHLLM. MA + • BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 ,7( - STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 .2005 OCT 2b P 2' 28 MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF DEBRA GOLDBERG REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 54 RAYMOND ROAD R-1 A hearing on this petition was held on October 19, 2005 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Steven Pinto, Robin Stein and Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from off-street parking to allow a second driveway for the property located at 54 Raymond Road located in a R-1 zone. The Variances, which have been requested, upon a finding 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 this 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's home is located on a steep grade making use of the existing off-street parking extremely difficult during inclement weather. 2. The use of Petitioner's off-street parking is further aggravated by the property being located on the apex of a sharp curve. 3. Petitioner is seeking approval for an additional curb cut to allow parking at safer and more convenient location on her property. 4. The owner of 55 Raymond Road spoke in support of the additional curb cut. A letter in support was also submitted by the owners of 6 Fairview Avenue DECISION OF THE PETITION OF DEBRA GOLDBERG REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 54 RAYMOND ROAD R-I page two 5. The owner of 53 Raymond Road opposed the additional curb cut. 6, The driveway shall be no more than 14 feet. 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. 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 statures,ordinances, codes and regulations. 2. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 3. All construction shall be done as property exists today. 4. Petitioner shall make improvements to the sidewalk of their property. Variance Granted 4Ro b i Stein �SG October 19, 2005 Board of Appe 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 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 Certification 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 is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal Nina Cohen, Chairman City of Salem Board of Appeals 120 Washington Street P Floor Salem, Massachusetts 01970 October 9, 2005 Dear Chairman Cohen: Please be advised we support the petition submitted by Debra Goldberg 54 Raymond Road to allow a second driveway. Ms Goldberg is a wonderful neighbor; she has improved 54 Raymond Road, increasing the value of our home. The petition for a second driveway will alleviate cars parking on Raymond Road. We would be present at the October 190' hearing to voice our support for this ' petition; however we have a previous commitment. We would request you read this letter of support at the hearing. If you need to speak with us, please contact 978 745 6078. Thank You Judith M Collins and Thomas P Moran 6 Fairview Ave Salem, Ma 01970 Cc Ward Councilor Jos O'Keefe Ms Goldberg Nina Cohen, Chairman City of Salem Board of Appeals 120 Washington Street P Floor Salem, Massachusetts 01970 October 9, 2005 Dear Chairman Cohen: Please be advised we support the petition submitted by Debra Goldberg 54 Raymond Road to allow a second driveway. Ms Goldberg is a wonderful neighbor; she has improved 54 Raymond Road, increasing the value of our home. The petition for a second driveway will alleviate cars parking on Raymond Road. We would be present at the October 19'h hearing to voice our support for this petition; however we have a previous commitment. We would request you read this letter of support at the hearing. If you need to speak with us, please contact 978 745 6078. Thank You M dith M Collins and Thomas P oran Fairview Ave Salem, Ma 01970 Cc Ward Councilor Jos O'Keefe Ms Goldberg