3 WHITE STREET - ZBA JI II M II 4
ILL 3 WHITE STREET
UPC 10330
No.153L_ `4sr
HASTINGS, UN
m-area work,
Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext.381
Will hold a public hearing for all
f persons interested in the petition sub-
milled by CLAUDIA CHUBER
requesting a Variance from rear set-
back requirements to construct a
deck for property located at 3 WHITE
STREET B-1.Said hearing to be held
t WEDNESDAY,JULY 17, 2002 AT
- 6:30 P.M., 120 WASHINGTON
STREET,3RD FLOOR,ROOM 313.
Nina Cohen
(7/3,10) Chairman
L
,y
�ot+o�T CITY OF SALEM9 MASSACHUSET7r$'[ " I,I;_ �•ni ,-, .
BOARD OF APPEAL CLEK{y'g rOF,HcE'A
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
p' FAX (978) 740-9846 TLLI JUL 25
STANLEY J.. USOVICZ, JR. 2' 39
MAYOR
DECISION OF THE PETITION OF CLAUDIA CHUBER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 3 WHITE STREET R1
A hearing on this petition was held July 17, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau, Richard Dionne, Bonnie Belair and Nicholas
Helides 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 rear yard setback to construct a deck for the
property located at 3 White Street 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.The petitioner appeared and represented herself at the hearing
2. Plans were submitted showing the proposed deck to be constructed.
3. The proposed deck would have a rear setback of approximately 21/2 feet.
4.There was no opposition to this petition. .
r
1
DECISION OF THE PETITION OF CLAUDIA CHUBER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 3 WHITE STREET 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
July 17, 2002
Joan Boudreau 0:01,
Board of Appeal
ti
N
DECISION OF THE PETITION OF CLAUDIA CHUBER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 3 WHITE STREET R1
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 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
V O
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