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Legal Notice
1 CITY OF SALEM
BOARD OF APPEALS
74/5-9595 Ext.381
Will hold a public hearing for all per-
sons interested in the petition submit-
ted by NORMAN DARISSE requesting
relief from off-street parking regulations
to allow a second curb cut and drive-
way for property located at 1 Sumnerf
Road R-1.Said hearing will be held on I
Wednesday,January 18,2006 at 6:30
P.M., 120 Washington Street, 3rd
Floor,Room 313.
Nina Cohen,Chairmai
(1141/11)
CITY OF SALEM, MASSACHUSETTS
' CITY OF SALEM. MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9848 •IOO6 FEB - I A 10: 22
DECISION OF THE PETITION OF NORMAN DARISSE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 1 SUMNER ROAD R-1
A hearing on this petition was held on January 18 2006 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Edward Moriaty, 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 New in accordance
with Massachusetts General Laws Chapter 40A.
The petitioner is requesting relief from off-street parking regulations to allow a second
curb cut and driveway for the property located at 1 Sumner Road in a R-1 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, Norman Darisse appeared and represented himself at the hearing.
2. Petitioner is seeking relief from off-street parking to allow a second curb cut and
driveway. Pictures were submitted the property.
3. Board Member Edward Moriarty had concerns with losing the green space area of the
property by paving it over.
4. Councillor Joseph O'Keefe appeared and spoke in favor of this petition.
ci r r oaL�rl. rla
CL€RK'S OFFICE
DECISION OF THE PETITION OF NORMAN DARISSE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 1 SUMMER ROAD R-1
page two 2006 FEB - I A 10: 22
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 4-1,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 be the plans and dimensions submitted and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke shall be strictly
adhered to.
Variance Granted
January 18, 2006
6onnie Belair
Board of Appeal CSC'�►�
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.
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