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Legal Notice
CRY OF SALEM _
BOARD OF APPEAL
745.9595 EirL 361
Will hold a public hearing for
ill persons interested in the petition
;ubmitted by RICHARD GRIFFIN
requesting Variances from front &
Frear setback,lot coverage,number
if stories and a Special Permit to
sear down existing dwelling and
replace with new single family
'dwelling for property located at 2
Smith Avenue R-2.Said hearing will
;be held on Wednesday,bctober 19,
X2005 at 6:30 P.M.,120 Washington
Street,3rd floor,Room 313.
Nina Cohen {{
_Chairman f
�J
CITY OF SALEMv MASSACHUSETT!11�I
BOARD OF APPEAL OLrRK S OFFICE
F ILEA
120 WASHINGTON STREET, 3RD FLOOR
-
SALEM, MASSACHUSETTS 01970
STANLEY M.AUOSROVICZ, JR. TELEPHONE: 97846
8-7595 1865 NOV -2 P
DECISION OF THE PETITION OF RICHARD GRIFFIN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 2 SMITH AVENUE R-2
A hearing on this petition was held on October 19, 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Steven Pinto
and Robin Stein.. 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 front& rear setback, lot coverage, number of
stories and a Special Permit to tear down existing dwelling and replace with new single
family for the property located at 2 Smith Avenue 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. Architect, Richard Griffin appeared and represented the petition at the hearing.
2. Petitioner requests to tear down existing structure and rebuild.
3. The requested relief requires front and rear yard setbacks, lot coverage and
number of stories.
4. Plans were submitted showing the new construction.
5. There was no opposition to this petition.
:t
DECISION OF THE PETITION OF RICHARD GRIFFIN REQUESTING A
VARIANCE FOR THE PROPERTY LCOATED AT 2 SMITH AVENUE R-2
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.
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.
6. Petitioner shall obtain a Certificate of Occupancy.
7. Petitioner shall obtain approval from any City Boards or Commissions having
jurisdiction, but not limited to the Planning Board.
Variance Granted Steven Pinto /SC �
October 19, 2005 Board of Appeal l
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.
SITE PLAN T
SCALE: I"=20'-O"
BASED ON PLAN OF LAND rip s R- 6'as sMN
BY RURAL LAND SURVEYS
DANVERS, MA �. °' 4' w
DATED OCTOBER 30, 2005
NEW BUILDING LOCATED ON SITE //my
BY: RICHARD W. GRIFFIN, ARCHITECT PATr�IGK S C 1 }
37 TURNER STREET 7�
SALEM, MA 01970 - A2KGLL p /. •,
(T) 978-740-9979
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NUMBER: 0705 REGISTERED ARCHITECT
0 2 SMITH AVE OATS: 07/27/05
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NUMBER:0705 REGISTERED ARCHITECT
0 2 SMITH AVE DATE: 07/27/05
SALEM, MASSACHUSETTS SCALE:1/5"=V-011 37 TURNER STREET SALEM, MA 01970 978-740-9979