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7 VICTORY ROAD - ZBA �Q 0 Y 7 VICTORY ROAD R-1 -k --d ,� ; � � � � 'O �=� i t Legal Notice CITY OF SALEM BOARD OF APPEAL 745.9595 Ext 361 will hold a public hearing for all per- { sons interested in the petition submit- 1 ted by DENNIS FLYNN requesting a 3 Variance from side yard setback to construct a two story addition for } propertyfor property at.7 Victory i Road R-1. Said hearing to be held .i WEDNESDAY,JUNE 16,2004 AT 6:30 P.M., 120 WASHINGTON STREET, 3RD FLOOR,ROOM 313. t Nina Cohen (6/2,9) Chairman i F t a CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CITY OF SALIYM. MA s a 120 WASHINGTON STREET, 3RD FLOOR CLERK'S 8F ICF SALEM, MA 01970 ' TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY MAUOSROVICZ, JR. 104 JUN 21 A ID 58 DECISION ON THE PETITION OF DENNIS FLYNN REQUESTING A VARIANCE FOR THE PROERTY LOCATED AT 7 VICTORY ROAD R-1 A hearing on this petition was held on June 16, 2004 with the following Board Members present;Nina Cohen Chairman,Bonnie Belair,Nicholas Helides, Stephen Hams 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 a Variance from side yard setback to construct a two-story addition for the property located at 7 Victory Road located in an R-1 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 structures 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 plane, makes the following findings of fact: 1. Dennis Flynn, the petitioner was requesting a Variance form the side setback requirement of the Salem Zoning Ordinance which requires 10 feet on a side setback. The petitioner was requesting that he be allowed to build an addition to within 5 %Z feet from his abutters property line 2. There was neighborhood support for the petition stating that the Flynn's were excellent neighbors and took great care with regards to the upkeep of there Property 3. There was no opposition to this petition. l G DECISION ON THE PETITION OF DENNIS FLYNN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 VICTORY ROAD R-1 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 when especially affect the subject property but not he 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 stature, ordinance, codes and regulations. 2. All construction shall be done as per the plans and dimensions 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. Exterior finishes of the new construction shall be in harmony with the existing structure. Variance Granted June 16,2004 StephentAal ard of As a long time Salem resident of 9 Victory Road, I do not object to the planned addition to be erected at 7 Victory Road. I have seen the plans and think the new house will be an enhancement to the neighborhood andel increase property values. (Arlene M. Cook }� e Map 42 Lot 50 N N/F Lorenza Hill 2 Larkin Lane Deed Bk. 14129 Pg. 3 Iron Pipe (Fnd) i 1>7 71, 42 Iron Pipe `i (Fnd) Map 42 Lot 59 10,045 sq.ft. (A w ? -P� o cn On o rn -M -a 0)bo Wood �_ ° `o Deck a 8.70' Bihd 23.83' 7 5.90' Map 42 Lot 58 1 Sty. Map 42 Lot 60 N/F Dwelling N/F Susan Reardon Realty Tr. arc Charles Cook 5 Victory Rd. 9 9 Victory Rd. Deed Bk. 9462 Pg. 249 Deed Bk-. 10578 Pg. 115 - Porch 36.16' 1 1 Stake Iron Pipe (Set) 70.00' (Fnd) VICTORY ROAD PLOT PLAN IN ��,,Hofrr SALEM, MA VERNON yGm J. ` Prepared For UB Dennis Flynn No. p� 7 Victory Road rr� - Prepared By S ►9 r4 LeBlanc Survey Associates, Inc. 161 Holten Street REFERENCES: Danvers, MA 01923 1) Deed Book 17915 Page 286 (978) 774-6012 2) "House Lot Development, Land of the » City of Salem, Fort Ave., Salem, MA, May 19, 2004 Scale: 1 =20 Scale 1"=40', 1946, Frank P. Morse, City Engineer" HOR. SCALE IN FEET 0 20 50 100