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6 SILVER STREET - ZBA i Pendanew, aEsse/te 74520 M R 6m .,,..rwe have is Legal Notice j It ;r CITY OF SALEM ie BOARD OF APPEAL dl w 976-7459595,X 361 fe to Will hold a public hearing for all a persons interested in the petition sub- h i IC miffed by PAUL FLORES requesting d IA Variance from side yard setback to ren i construct a two story addition.Side if at setback will be 5' instead of the Cl ier required 10'for the property located at �A. 6 SILVER STREET R-2.Said hearing havi ler will be held on Wednesday, October 1 19,2005,6:30 p.m.,120 Washington Rive .an Street,3rd floor,Room 313. mor Sion Nina Cohen,Chairman plan ( (10/5,12) clog. CITY OF SALEM MASSACHUSETTS C11 ./ OF SALEM. MA 4) BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR C' SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 99 MAYOR FAX: 979-740-9846 ,.2045A R 28 P 2. 22 DECISION OF THE PETITION OF PAUL FLORES REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 6 SIILVER STREET R-2 A hearing on this petition was held on November 16, 2005 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Robin Stein and Edward Moriarty. 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 Variances from side yard setback to construct a two-story addition for the property located at 6 Silver Street located in a 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 reviewing the plans, makes the following findings of fact: 1. Petitioner Paul Flores appeared and presented his petition to the Board. 2. Plans were submitted showing the two -story addition. The side setback will be 5 feet instead of the required 10 feet. 3. A petition was submitted with 7 names of abutters in favor of this petition. 4. There was no opposition. 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. DECISION OF THE PETITION OF PAUL FLORES REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 6 SILVER STREET R-2 page two 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 in favor and 0 in opposition to grant the Variances 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 shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 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. Petitioner shall obtain a Certificate of Inspection. 7. Unless this decision expressly provides otherwise, any zoning relief granted does Not authorize Petitioner to demolish or deconstruct any structure (s) on the property to an extent greater than 50% of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than 50% of the replacement cost or more than 50% of its floor area at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. Variance Granted November 16, 2005 Bonnie Belair Board of Appeal f ,r A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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. Paul R Flores 6 Silver Street Salem, Massachusetts 01910 (978) 745-2846 October 17, 2005 To the Zoning Board of the City Of Salem I respectfully submit this letter with my respect for variance of the Board of Appeal for building permit for plans to add a Two Story addition to our home at 6 Silver Street. Below are names and signatures of neighbors who support our request for variance to build this structure, understanding that our house will remain a Single family home and the structure planned will improve the appearance of the property with minimal change. Thank you for your careful consideration of my request. Respectfully, Paul Flores cam_ s2 4--6 /zI �2 JJL F i ✓ J - (c° r(-Q� ��/ ID SCS ljl"�ea✓e r .S¢"� So:t o r i , ✓✓ I d' LOT \�0. z A 1 \. 4P b: # Steps in this area may encroac T .. LOT K- TO TME ( Stepstone MortFape Company ) AND ITS TITLE INSURETTS MORTGAGE INSPECTION PI AP I CERTIFY THAT THE BUILDINGS SHOWN Do ( ) CONFORM TO SETBACK REQUIREMENTSJ�l_� w n I.E. (FRONT. SIDE &REAR SETBACK ONLY) OF Salem TITLEMi.HIS, CHAPTER ;0a SEDn�Tur FROM 01HERWI ON TED. ACTION UNDER w.ss. 01:_ MASSACHUSETTS I FURTHER CERTIFY THAT THIS PROPERTY IS Not LOCATED IN THE ESTABUSHED FLOOD HAZARD AREk OOMMUNITY PANEL NO.: 250102 0001B DATE: 8-5-85 B�° 1013 THIS COMPANY IS NOT RESPONSIBLE FOR ANY INDENTURES MADE SUBSEQUENT TO THE RECORDED 1n5 DATE OF THE LATEST DEED OF RECORD. PAGE WHENEVER BULLDINGS ARE SHOWN LESS THAN ONE FOOT FROM THE PROPERTY UNE IT 15 ADVISED SIT, NO. THAT A MORE PRECISE SURVEY BE MADE TO VERIFY THEE MEASU THIS NOTE, IS BASED ON 114E LOCATION OF SURVEY NOT PUN BK. PAGE REPpESE?!T A PRCPERTY SURVET: VERIFICATION OF SURVEY M AND SHOWN. PIAN } DATED_ MAY TIBIEg APCICpOEMLPL144ED ONLY BY AN ACCURATE, INSTRUMENT IVEAWc AR PICTED �-�- THIS CERTIFICATION TO BE USED FOR MORTGAG+ POSEYIONLYON . w WCC, I✓ M OFFSETS AS SHOW ARE NOT B SCAB I dZ0' USED FOR THE ESTABLISHMENT OF PRO ` 9 � e BRADFORD `CND Rnad�+0 FNGINF-F_RING CO