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24 SABLE ROAD - ZBA 24 -- - - - SAL, RODL ALAN S LISA IOa '77 ER-1. Legaf Notice._; 1 CITY OF SALEM BOARD OF APPEAL 7469898 EXT.991 . Will a public hearing for all interested in the petition sub by Alan & Lisa Dionne ing a Variance from rear aide for proposed addition for perty located at 24 Sable 'R•1. Said hearing to be held sday, April 19, 2000 at 8:90 ne Salem Green,2nd'Floor.Nina Cohen Chairman 2) Citp of 6alem, 01noarbugettg SALEM. MA • �LEiil"S OFFICE '. �oarD of ��eaC 28 A 40; 36 DECISION OF THE PETITION OF ALAN & LISA DIONNE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 24 SABLE ROAD R-1 A hearing on this petition was held April19, 2000 with the following Board Members present: Stephen Harris, Ronald Harrison, Richard Dionne , Stephen Buczko and Paul Valakagis. 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 and side setback to construct an addition for the property located at 24 Sable 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. The petition was presented by Alan & Lisa Dionne. 2. The proposed construction is to modernize the kitchen and enlarge the dining area. Side setback to be reduced to 6' and rear setback reduced to 27' according to the plans submitted. 3. In attendance in favor of the petition were: David LeBlanc, 26 Sable Road, Tim Ready, 22 Sable Road and Councillor O'Leary. 4. There was no opposition to the proposed addition. I , SALEM, FSA �ILE V't'S OFFICE DECISION OF THE PETITION OF ALAN & LISA DIONNE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 24 SABLE ROAD R-1201� 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 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state stature ordinances, codes and codes regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Exterior finishes of the new construction shall be in harmony with the existing structure. 5. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 6. A Certificate of Occupancy shall to be obtained. 7. A Certificate of Inspection shall be obtained. Variance Granted April 19, 2000 CSCr� Paul Valaskagis, Member Board of Appeals OFFICE A 1000 APR 28 A 10: 36 DECISION OF THE PETITION OF ALAN & LISA DIONNE REQUESTING A VARIANCE FOR THE PROPERTY 24 SABLE ROAD R-1 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 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. DAT OF HEARING PETITIONER LOCATION / MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENT SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND I ROLL CALL PRESENT GRANT DENT AMEND WITHDRAW RE-HEAR CON'TINU NINA V. COHEN— i Stephen Harris [!/ RONALD HARRISON STEPHEN BUCZKO RICHARD DIONNE ASSOCIATE MEMBERS / PAUL VALASKATGIS CONDITIONS: 1 AL CDIn d - O 0 �C�G�^-et�10 i f ��2<��������� � I I \ APPEAL CASE NO. . . . . . . . . . . . . x +, 9 (91ftJ of ZzlPm tI����r1Tu�Pff� �gDIIrh IIf C�II�PZil TO THE BOARD OF APPEAL: The Undersigned representt at he/she is/are the owners of a certain parcel of land located at: .� `'� 7C'4/ I�. . .SC?�C`?�„Street; Zoning District. . . !? and said parcel is affected by Section(s). . . . . . . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans-describing the work proposed have been submitted to the Inspector of Buildings in act rdanc�with Section I% A.1 of the Zoning Ordinance. 7:5- y O „i CZ) O C ” 2> F 9 The Application for Permit was denied by the Inspector of Buildings for the following reason(s)_: ,/� D c /-IfG ! lt�n Gf L The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By—Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogatin from the intent and purpose of the Zoning Ordinance and Building Code for the follow— ing reasons: VVit",C-e o6 Ce ���` �`o� Owner. .RF�N L sit D1'0 �70 e r . . . . . . .//. . . . . . .. . . . .J . . . . Address. . y . SCtb�e f?. . . .S�j� Telephone. •�`h.=5 3.3.0 . . . . . . . . . . . .. Petitioner. . .` . . . . . . . . . . . . . . . Z Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dace. , . �.✓ .� . . . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . By . . . . . . . . . . . . . . . . . . . . . . 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