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8-10 SYLVAN STREET - ZBA _I 8-10 SYLVAN STREET CIl1_-l__ Jaktcraeo�o m UPC 10330 No. 153L bt NASTINCS, MN � � �:� � . � � 77 l� LegarNoti��ee'� .CITY OF SALEM a BOARD OF APPEAL 978-745-9595,Ext.381 will hold a public hearing for all persons interested in the petition sub- mitted by FRANCIS DELEO request- Of mg dimensional variances required to subdivide the parcel for the prop- erty located at 8-10 SYLVAN STREET,R-2.Said hearing to be held �Vy WEDNESDAY, DECEMBER 18, 2002, at 6:30 P.M., 120 WASHING- TON ASHINGTON STREET, 3rd FLOOR,ROOM 313. Nina Cohen,Chairman llar pme L �conw CITY OF SALEM, MASSACHUSETTS CITY 4yf ��°fa BOARD OF APPEAL CLER SALEM: MA 120 WASHINGTON STREET, 3RD FLOOR OFFICE va �9. SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. 1003 JAN _2 P 3� 5b MAYOR DECISION OF THE PETITION OF FRANCIS DELEO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 SYLVAN STREET R-2 A hearing on this petition was held December 18, 2002 with the following Board Members present: Nina Cohen, Bonnie Belair, Nicholas Helides, Stephen Harris and Richard Dionne. 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 dimensional Variances required to subdivide the parcel for the property located at 8-10 Sylvan 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. Attorney George Atkins, 59 Federal Street represented the petitioner. 2. Petitioner request dimensional variances required in order to subdivide the parcel which contains a two unit residential dwelling (10 Sylvan Street) and a single- family residential dwelling (8Sylvan Street). 3. There is sufficient parking on the lots. 4. Cross easements for access to the rear lot and parking in the garage on the rear lot will be signed in connection with the subdivision. 5. Councillor Michael Bencal spoke in favor of this petition. i r DECISION OF THE PETITION OF FRANCIS DELEO REQUESTING VARIANCE FOR THE PROPERTY LOCATED AT 8-10 SYLVAN STREET 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. Literal enforcement of the provisions of the Zoning Ordinance would involve 2. P 9 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 5-0 to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Exterior finishes of the new construction shall be in harmony with the existing structure. 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board 5. Cross easement be recorded providing for parking and access right to the parcels. VARIANCE GRANTED rlNauz ' ��J. 6� DECEMBER 18, 2002 Richard Dionne S'C Board of Appeal 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. Board of Appeal 9 It 'r ) IA . 9P�398 S' YL vArV Pop, D) COIK.SNF t FNDJ Iron 7QEGISTRy OF DEELtS USE o vGy 63.00 v.N, seT" 00' To �f/.SO �' ,� �o $/iSO 2.2� �EMo�lT i ST /O' ��T �� ICERnrY 1HA"TTH/SPLAN VVASPREPARED IN ACCORDANCE WITH THE RULES AND 28¢2'fiS.F. REGULATIONS OF THEREGISTRY OT- DEEDS PARKING- I DAVID P. TCRE ONI, PLS � h t10 . t o /O a I DCuEL uA/Gki \1 h L • Q � � w • � � NOTES= /. LOTS B'/ AAID 8-Z 1;R6 SHOGUN AS LOTfi Z ON PLAN 3913 OF /97/ 0 2.ASSESSOQ'S• MAP ZC LOTO/.S 'a�Jlb?� LAS. R4 0.0' 3.DB•CLD REF! BOOK 7/ZZ PAGE 28/ I6 9 N H 00 4. PARKING STAGS TO SE tl/N. 9 x/9t N' I qq�y PARKING• // t q 23-/ 1 t \�- 20,E 5'6.26r p ` '• LOCUS MAP. N.Tf _1vS. 10.3' b 10.3' I 0 0.52' p 1 ,�.�� K st G �^� PARKING 90 0 PARKING � 8-1 p� � 8-Z o •�oo< <^ �E• t .. 0.3 •.. 1 ... 0.3+...• -----J LST B -2 -¢rf78 < r N 00 10 ti - DWELL/NF E /3 c ylAt f,p t e° ryt r . 8j x.53 J?2„ a j S6. 57 N`F Gtiw7 Ere O. F 1/AL ER/E o. AlfjF _5'cH,9,0 ,F 10osT - D U�� 9s REAG?y TRUST P LA IV OF LAND IN SALEM , MASS PREPARED FOR- ,q OR: f/PPR©V,4L UNDER SUBDIVISION COArMOL L4 FRANCIS T. DEL EO NOT REQU/,eirV SALEM PLANNING 80,9RD PREPARED BY: DAVID P 7 RENZON7, P. L.S SCALE: /"= 10' OCTOBER 7, 2002 <K.gPo+tc ScgcS: o S ro zo 30 40 PAtE=