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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by JEFFREY TANZER
requesting a Variance from side set-
back of 6 feet instead of the
required 10 feet to construct an
addition for property located at 12
LEVEL ROAD,R-1.Said hearing to be
held WEDNESDAY,NOVEM 3ER 14,
2001 AT 6:30 P.M., 120 WASHING
TON STREET,3rd floor,ROOM 313.
Nina Cohen
Chamm n
(10/31,11/7)
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coxaT CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
} la SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. C'i
MAYOR
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DECISION OF THE PETITION OF JEFFREY TANZER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 12 LEVEL ROAD R-1 n
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A hearing on this petition was held November 14, 2001 with the following Board Li m D
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris, NicholOB
Helides and Joan Boudreau. 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 of 6 feet instead of the
required 10 feet to construct a 14 x 15 addition for the property located at 12 Level 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
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. Attorney Laskaris of 70 Washington St, Suite 210, Salem, Ma. represented Mr.
Tanzer.
2. Plans were submitted showing the planned 14 x 15— 1 story addition with basement.
3. There was no opposition to the plans.
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DECISION OF THE PETITION OF JEFFREY TANZER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 12 LEVEL 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 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 statures, ordinances,codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
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.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Variance Granted r
November 14, 2001
Richard Dionne
Board of Appeal o
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DECISION OF THE PETITION OF JEFFREY TANZER REQUESTING A
VARIANCE FOR PROPERTY LOCATED 12 LEVEL 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 `—'
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PLOT PLAN OF LAND IN SALEM, MA.,
DATE: 10-1-01
SCALE: 1"=20'
OFFSETS SHOWN ARE APPROXIMATE BY TAPE SURVEY.
BAY STATE SURVEYING ASSOCIATES INC.,
100 CUMMINGS CENTER, SUITE 316J
B EVE RLY, MA., 01915
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