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Legal Notice.
CITY OF SALEM 666
1 BOARD OF APPEAL
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is Will hold a public hearing for all
')r persons interested in the petition sub-
is mitted by David Mackey requesting
Its Variances from side and rear set-
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back requirements to con located at
an addition for the property
2 Sunset Road R-1.Said hearing 2000
held Wednesday, February 16,
at 6:30 P.M., One Salem Green, 2nd
Floor.
Nina Cohen,Chairman
(2/2,9)
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DECISION OF THE PETITION OF DAVID MACKEY REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 2 SUNSET ROAD R-1
A hearing on this petition was held February 16, 2000 with the following Board Members
present: Nina Cohen, Chairman, Stephen Harris, Michael Ward and Stephen Buczko.
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 Variance for rear setback to construct an addition for the
property located at 2 Sunset Road located in an R-1 zone.
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
structures involved and which are not generally affecting other lands, buildings and
structures involve.
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. The petitioner, David Mackey seeks a rear setback variance to construct a two-story
expansion at the rear of his single-family residence. The residence is nonconforming
with respect to the attached garage, which extends within 11 ft. of the rear property
line and within 5 ft. of the side setback.
2. The proposed addition will extend within 27 feet of the rear property line for the width
of the main house. It will not extend the nonconformity of the side yard setback.
3. Two abutters, Janice Murphy of 2A Sunset Road and Ruth Larivee of 4 Sunset
Road, had no objection to the proposed variance.
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DECISION OF THE PETITION OF DAVID MACKEY REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 2 SUNSET ROAD R-1
page two
4. There was no opposition to the petition.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal voted unanimously, 4—0 to grant the variances
requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statures ordinances, codes and codes
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 shall be obtained.
Variance Granted
February 16, 2000
Nina Cohen, Chairman
Board of Appeals
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DECISION OF THE PETITION OF DAVID MACKEY REQUESTING A VARIANCE FOR
2 SUNSET ROAD R-1
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.
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2 Sunset Road.
Salem,MA 01970
January 27,2000
City of Salem Public Property Department
Peter Strout, Director
1 Salem Green
Salem, MA 01970
Dear Mr.Strout:
Attached you will find my proposal for improvements I would like to make to my home at 2 Sunset
Road. I have spoken and reviewed these documents with Frank DiPaolo and submit accordingly.
Upon approval of the variance, I intend to submit drawings for the design, showing the details and
structural concerns with such a project.
Please note,the current improvements are grandfathered by previous building codes and the proposed
improvements will not further infringe upon setbacks and current residential density regulations.
Should you have any questions with the content of the attached documents, I welcome you to contact
me during business hours,at 978-9462615,or leave a message at my home 741-1511.
Sincerely,
D�
David Macke
Home owner,2 Sunset Rd.