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16 RIVERBANK ROAD - ZBA 16 RIVERBANK ROAD - - - RICHARD CDRLEY r _ I i c� b K• � c\ NII 'SONI1StlM �..�.� DEESOI�n �1 ce CITY OF SALEM > BOARD OF APPEAL 745-9595 Ext.391 1, Will hold a public hearing for all persons interested in the petition sub- 1 mt mitted by RICHARD CURLEY f requesting a Variance relief from i rear yard setback to construct pro- 1 posed addition for property located at i 16 RIVERBANK ROAD, Rl. Said hearing to be held WEDNESDAY, FEBRUARY 20, 2002 AT 6:30 P.M., 120 WASHINGTON STREET, 3rd floor,room 313. Nina Cohen Chairman (2/6,13) I L-- o CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL CITY Oi SALEM MA 120 WASHINGTON STREET, 3RD FLOOR CLER S OFFICE SALEM, MA 01970 TEL. (978) 745-9595 FAx (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR .2002 FEB 21 P 2: 2 DECISION OF THE PETITION OF RICHARD CURLEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 16 RIVERBANK ROAD A hearing on this petition was held February 20, 2002 with the following Board Members present: Nina Cohen, Nicholas Helides, Bonnie Belair and Stephen Harris. 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 for relief from rear yard setback to construct proposed addition for the property located at 16 Riverbank Road located in an 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 viewing the plans, makes the following findings of fact: 1. Richard Curley, owner of record appeared before the Board and presented the detail of the proposed addition to the property located at 15 Riverbank Road. T 2. The proposed addition will reduce the property setback to 25 feet from the rear property boundary. 3. There was no opposition to the proposed petition. DECISION OF.THE PETITION OF RICHARD CURLEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 16 RIVERBANK 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 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. A Certificate of Inspection is to be obtained. 5. Petitioner shall obtain a building permit prior to beginning any construction. 6. Exterior finishes of the new construction shall be in harmony with the existing structure. Variance Granted February 20, 2002 / Nicholas Helides Board of Appeals r 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 PLOT PLAN OF LAND IN SALEM, MA., DATE: 10-24-01 SCALE: 1"=20' OFFSETS SHOWN ARE APPROXIMATE BY TAPE SURVEY. BAY STATE SURVEYING ASSOCIATES INC., 100 CUMMINGS CENTER, SUITE 316J BEVERLY, MA., 01915 ROBERT 's J!4%FES ' �o SOTIRO$ 2b094 Q �° N 4T JOr DoT 4Z I 70,00' Q 7-5 y Loi 43 (Azea= 5,514t� PRoPos� !� N ammo l b Qpo�� � Vo LoT P2- SToRy Yo r�F 3$ j 'Wo 00 L J J�j tel{ Eo,00, RI VERSA NK RD.