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12 READ STREET - ZBA 12 READ STREET RICKY THOMPSON 00 UPC 10333 No.153L-3 gbs HASTINGS, MN v 41 i vytco, rMO CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL _ I 120 WASHINGTON STREET, 3RD FLOOR �I\ - I!G e - - . SALEM, MA O 1970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVIcz, JR. MAYOR DECISION OF THE PETITION OF K. RICKY THOMPSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 READ STREET R-2 A hearing on this petition was held June 19, 2002 with the following Board Members present: Nina Cohen, Joan Boudreau, Nicholas Helides and Joseph Barbeau. 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 side setback to construct a 2 story addition front for the property located at 12 Read 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. Petitioner i s seeking relief from a side yard setback to construct a 6 x 21 two story addition. 2. Plans were submitted showing the proposed addition. 3. There was rio opposition to the petition. DECISION OFTHE PETITION OF K. RICKY THOMPSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 READ 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 statutes, ordinances, 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. VARIANCE G RANTED June 19, 2002 Joan Boudreau CSC"-- , Board of Appeal Y 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 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