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16 SAUNDERS STREET - ZBA _ — 16 SAUNDERS. STREET (R-2) — — — — — — — — — LESLIE A. BYRNE s i i i C� V \' 1 i _.a-.-.r Legal-Notice. -: .� CITY OF SALEM BOARD OF APPEAL 745.9595 Ext.381 Will hold a public hearing for all persons interested in the petition sub- witted by LESLIE A.BYRNE request- ing a Variance from front and side set- back to construct a deck for the proper- ty located at 16 SAUNDERS STREET (R-2). Said hearing to be held WEDNESDAY, MAY 21, 1997 AT- 6:00 P.M., ONE SALEM GREEN, 2nd Floor. - ' Gary Barrett,Chairman .. (5/7,5/14/97) r _ �°� f1Lit of --'5ttlem, Cttssttcljusetts Poura of �kppeal jag in APB 131 CITY Or `;ai.N'4. MASS Cl I RK•, G;;-IC.{' DECISION ON THE PETITION OF LESLIE BYRNE FOR A VARIANCE AT 16 SAUNDERS STREET (R-2) A hearing on this petition was held May 21, 1997 with the following Board Members present: Gary Barrett; Chairman, Nina Cohen, Paul Valaskagis, Richard Dionne and Albert Hill. 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. Petitioner, owner of the property, is requesting a Variance from front and side and rear setbacks to construct a deck for the property located at 16 Saunders Street. The Variances which have been requested may be granted upon a finding by this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 3. 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 . There was no opposition in this matter. 2. This will allow petitioner a fuller use of the property. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance 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 relative to smoke and fire safety shall be strictly adhered to. DECISION OF THE PETITION OF LESLIE BYRNE FOR A VARIANCE AT 16 SAUNDERS STREET, SALEM page two JUN 4 GPM 137 3. All construction shall be done as per the plan and Oi"M-pg$CH. M ASS submitted and approved by the Zoning Enforcement Of i@g RK S OFFICE 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. A Certificate of Occupancy is to be obtained. Variances Granted May 21, 1997 / 1 Albert C. Hill, Jr. Member, Board of Appeal 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 of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal