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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
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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.
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