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25 VARNEY STREET - ZBA D 25 VARlMy STREET �� �� r 4 . `� m� C; � `y P `� �\ �) r 'The columnist was also Darren from aopearinp on radio or televi-', 31 Legal Notice I CITY OF SALEM - BOARD OF APPEAL 1 978-745-9595,EM.381 will hold a public hearing for all per- sons interested in the petition submit-, ted by `ANTHONY C. GERMANO requesting a Variance from front&rear setback to construct an addition for the property located at 25 VARNEY STREET R-2.Said hearing to be held WEDNESDAY,MAY 21,2003,at 6:30 P.M.,120 WASHINGTON STREET,3rd FLOOR. { Nina Cohen,Chairman L (5!7,14) �) ��_ 4' CITY OF SALEM9 MASSACHUS t;l l Y OF SALEM. MA BOARD OF APPEAL CLERK'S OFFICE , 3 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01 970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. - x1003 JUN -U P I9 MAYOR . DECISION OF THE PETITION OF ANTHONY GERMANO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 25 VARNEY STREET R-2 A hearing on this petition was held May 21, 2003 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides and Joan Boudreau Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from the rear yard setback and front yard setbacks to construct an addition for the property located at 25 Varney Street located in an R-2 zone. The Variances, which have been requested, upon a finding 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 this 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 appeared and represented himself at the hearing. 2. Plans were submitted showing the proposed addition 3. The new construction is needed to accommodate his family. 4. There was no opposition to this petition. ;1 DECISION OF THE PETITION OF ANTHONY GERMANO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 25 VARNEY STREET R-2 page two On the basis of the above finding of fact, 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 in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petition. 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 statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimension submitted and approved by the Building Commissioner. 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 structure. Variance Granted May 21, 2003 Bonnie Belair (Svr - Board of Appeal V L 1 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 To The Board of Appeal: The reason for this appeal of land frontage of a residential building is as follows: The existing house cannot accommodate our family. To stay in the frontage laws would not allow sufficient expansion. Anthony & Rose Germano 25 Varney Street Salem, Ma. 01970-1931 pL1r1 Ek Ce co C LSA! o N ti 0 q8. , b o: 5.246 Jr /F 32.0 27.1 ORO,? ADD V tz rn .V ZG.7 BD U NER II 2.q W Z 5 � 2 SrY S. 7-BEET DEED REFERENCE i �1B PLA REFERENC PLAN 28 OF /944 Irt�oT Dx�CL7A�3��' rMA�o PLOT PLAN OCATFD ON THE GROUND AS 9WYN AND IS OF LAND IN THE RESUL T Lim AN INSTA SURVEY. tvi 4 SALEM, MA ® � e D ScAu.. 1' = ZO .SEPT, 2!0,1002 NO 609 P COASTAL SURVEY I DATE PROFS SURVEYOR le )IdDSiTORTH VILLAG% — DdNVSRS BUILDINGvvv 130 CSNTRB ST — DdNVBRS, Yd (978) 774-9450 0 20 40 S- iDG'7