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5 VICTORY ROAD - ZBA 5 VICTORY ROAD 1 DAVID READON L � i �11/1 pEcvuEa PPiP,(Fdp z�s� �O //(/ � tic 10330 H�37fiv©9,�9P3 z' C_ L l.ILVa w i. i � "Why would we condemn the di tE Legal Notice t e ci �s CITY OF SALEM it BOARD OF APPEAL ce n 745-9595 EXT-381 d Will hold a public hearing for all ,e persons interested in the petition sub- I miffed by DAVID REARDON request- !r ing to Variance from side setback and relief on front setback and to n extend a non conforming structure Mto construct a farmers porch for the property located at 5 VICTORY ROAD R-2.Said hearing to be held .)e WEDNESDAY AUGUST 15,2001 at 6:30 p.m., 120 WASHINGTON 1 STREET 3RD FLOOR, n Nina Cohen to Chairman L r Of �$alMi 4R2IS5aC11U6e't9 CITY OF SALEM. MA of �ppeal CLERK'S OFFICE ., �uttra ew. 2001 AUG 24 A 10: 01 DECISION OF THE PETITION OF DAVID READON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 VICTORY ROAD R-1 A hearing on this petition was held August 15, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Halides. 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 a Variance from side setback and relief on front setback to extend a non-conforming structure to construct a farmer's porch for the property located at 5 Victory Road R-1. 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. Petitioner seeks relief to extend a nonconforming structure to construct a farmer's porch. Relief requested, front setback of 10.9' foot, required being 15 feet. Side setback requested relief, 4.9 foot, required being 10 feet. 2. The petitioner's property is an existing nonconforming lot in an R-1 zone. 3. Allowing the petition would not harm or be detrimental to the neighborhood. 4. There was no opposition to this petition. �r DECISION OF THE PETITION OF DAVID READON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 VICTORY ROAD R-1 pagetwo 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 in general. 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 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 regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Exterior finishes of the new construction shall be in harmony with the existing construction. Variance Granted August 15, 2001 'yb Stephen arris Board of Appeal 4 DECISION OF THE PETITION DAVID READON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED 5 VICTORY 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. Board of Appeal n/f Lindo Sylvesti & Anne Hoyes c� ti h�4) toddeo Rod�eY n�f 11, 661 S.F. Shed O C � V b J `O to h O O W m ^ r � C DECK l! EXISTING DWELLING No. 5 4 9 P 0 . PORCH q "1 L=70.00 R=1702.54' VICTORY ROAD ZONING DISTRICT — R 1 SETBACK REOUIREMENTS. FRONT YARD — 15' SIDE YARD — 10' REAR YARD — 30' PLOT PLAN IN SALEM, MA 1 CERTIFY THAT THE DWELLING IS LOCATED FOR DAVID REARDON ON THE GROUND AS SH THIS PLAN. DA TE.- 6/22/01 SCALE: 1" = 30 ✓OB. N0. 01158 os LANDMARK ENGINEERING & SURVEYING, INC. 58CHESTNUT LYNN, MA ET 01904 �NpSUR (781) 592-7016