6 SILVER STREET - ZBA (2) 6 SILVER STREET
PAUL FLORES
CIRC 10330 0
(1io�kms, posrcoc�"�
c+aszaracs,ajrr
�e
��
r;
_� � _ � .
=�
I
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.
milted by PAUL FLORES requesting
a Variance from side,rear and front
setback requirements to construct a
attached garage for the property
located at 6 SILVER STREET R•2:
Said hearing to be held WEDNESDAY
AUGUST 15, 2001 at 6:30 p.m., 120
WASHINGTON STREET 3RD
FLOOR.
Nina Cohen
Chairman
CtV Of OiNIM, 4RaS5nC11USetttY OF SALEM. MA
• �3ottra of �Fvezd CLERK'S OFFICE
2001 AUG 24 A la 01
DECISION OF THE PETITION OF PAUL FLORES REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 6 SILVER STREET R-2
A hearing on this petition was held August 15, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Helides.
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 side setback, front setback and
rear setback to construct a two-story garage for the property located at 6 Silver 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 seeks relief to construct a two story attached garage. The requested relief
is front setback— 1 foot, the required being 15 feet, side setback of 6 feet, required
being 10 feet and rear setback of 3 feet and the required being 30 feet.
2. The petitioner's property is an existing nonconforming lot in an R-2 zone.
3. Allowing the petition would not harm or be detrimental to the neighborhood.
4. There was no opposition to this petition.
DECISION OF THE PETITION OF PAUL FLORES REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 6 SILVER STREET R-2
pagetwo
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 PP Board of Appeal voted 4-0 9 q to rant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
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
construction.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Variance Granted
August 15, 2001
Stephen anis
Board of Appeal
}
DECISION OF THE PETITION PAUL FLORES REQUESTING A VARIANCE FOR
PROPERTY LOCATED 6 SILVER STREET R-2
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.
Board of Appeal