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9 WEST TERRACE - ZBA !' ❑ _ 9 WEST TERRACE +I I r UPC 10333 % o- No. 153L-3 HASTINGS,MN Legal Notice CITY OF SALEM BOARD OF APPEAL R 1 745-9595 Ext.381 Will hold a public heating for all ; persons interested m the petition sub- i miffed by JEAN PAUL BANVILLE requesting a Variance from side set- i back and density to construct an addition on rear of home for the property located at 9 WEST TER- RACE R-1. Said hearing to be held WEDNESDAY, MAY 15, 2002 AT 6:30 P.M., 120 WASHINGTON STREET,3 FLOOR,ROOM 313. Nina Cohen Chairman i 5 w CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CL f ICE A n � 120 WASHINGTON STREET, 3RD FLOOR `� AFF SALEM, MA 01970 TFL. (978) 745.9595 FAX (978) 740-9846 100Z STANLEY J. USOVICZ, JR. 4$ MAYOR DECISION OF THE PETITION OF JEAN PAUL BANVILLE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 WEST TERRACE R-1 A hearing on this petition was held May 15, 2002 with the following Board Members present: Nina Cohen, Richard Dionne, Joan Boudreau, Bonnie Belair and Stephen Harris. 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 and density to construct an addition on the rear of the home for the property located at 9 West Terrace 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 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. Mr. Jean Paul Banville represented himself at the hearing. 2. Plans were submitted for the kitchen and bath. 3. Mr. Gary Raymond, of West Terrace spoke in favor of the proposal. 4. There was no opposition to the proposed plans. ti DECISION OF THE PETITION OF JEAN PAUL BANVILLE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 WEST TERRACE 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 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 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 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. 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 15, 2002 &" Richard Dionne Gh` Board of Appeal 1 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 r CITY OF SALEM9 MASSACHUSETTS :coxes BOARD OF APPEALS CLERK OFtFf, fIq 1 g; 120 WASHINGTON STREET, 3RD FLOOR FICE a SALEM, MA 01970 � TEL. (978) 745-9595 FAX (978) 740-9846 I��Z STANLEY J. USOVICZ, JR. A MAYOR DECISION OF THE PETITION OF JEAN PAUL BANVILLE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 WEST TERRACE R-1 A hearing on this petition was held May 15, 2002 with the following Board Members present: Nina Cohen, Richard Dionne, Joan Boudreau, Bonnie Belair and Stephen Harris. 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 and density to construct an addition on the rear of the home for the property located at 9 West Terrace 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 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. Mr. Jean Paul Banville represented himself at the hearing. 2. Plans were submitted for the kitchen and bath. 3. Mr. Gary Raymond, of West Terrace spoke in favor of the proposal. 4. There was no opposition to the proposed plans. t r DECISION OF THE PETITION OF JEAN PAUL BANVILLE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 WEST TERRACE 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 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 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 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. 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 15, 2002 &" ze Richard Dionne WGA Board of Appeal 4: 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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