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15 WILSON STREET - ZBA 15 WILLSON STREET nn UPC 10330 N0 NA971N09,LIN Il � o V 1 1 Legal Ncuce CITY OF SALEM BOARD OF APPEAL 745-9595,Ent 381 will hold a public hearing for all persons interested in the petition sub- mitted by ROBERT LEMELIN requesting Variance from side yard setback and lot coveraito mnshvcI a 14'x14' addition for pmparty at 15 WILLSON STREET,R-2 Said hearing will be held on WEDNESDAY,FEB- RUARY 19, 2003,at 8:39 P.M., 120 WASHINGTON STREET, 3rd i FLOOR,ROOM313. { Nina Coten,Chairman (yJ5,12r � ��owlT�d CITY OF SALEM, MASSACHt1!kj1�1'177C;5, �ALEhi MA BOARD OF APPEAL CLERK'S OFFICE 2 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 1001 MAR -U P STANLEY J. USOVICZ, JR. MAYOR DECISION OF THE PETITION OF ROOBERT LEMELIN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 15 W ILLSON STREET R-2 A hearing on this petition was held February 19, 2003 with the following Board Members present: Nina Cohen, Richard Dionne, Nicholas Helides, Stephen Harris 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 Variances from side setback, rear setback and lot coverage, to construct an 25 'x 55' addition for the property located at 15 Willson Street 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. The petitioner appeared and represented himself at the hearing. 2. Plans were shown showing the proposed addition. 3. Petitioner seeks a relief from the side yard setback, rear yard setback and lot coverage to construct his addition for his family. 4. There was no opposition to this petition. DECISION OF THE PETITION OF ROBERT LEMELIN REQUESTING VARIANCE FOR THE PROPERTY LOCATED AT 15 WILLSON STREET R-2 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. 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 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans submitted and approved by the Building Commissioner. 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 FEBRUARY 19, 2003 Nina Cohen, Chairman Board of Appeal 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. Board of Appeal ' w 40-P At ?d� 44TM1 s .n S i d I:I CHE'STNUI! 31RES , Y d]--MASSAOSt"I - ,w -1,14-MzSA1 t4k It REAC'£StA'rE pF.Sic7NTARY .. HiGWWAY OC,eiaN CONSTRUCTION SIJR'VEY SER4IG C+3PtSTRU�7lclss XIS.,<.. ^c+�tFitT it t, a t t . _ Tt til 71, P 4 d S t y O J ! i .. 7� r s x r k N 1 t € 1 % 1f s i i *catlfy that r have examined thg prat;t�isas ami df easemenU,en- . t a manta and buildings are iocated'on triol ground'as shown i fi lher CtrrtilY:tltet She buildings shown confOffned wthe i4mng laws:of VuKetT n constructed.i further certify that this Y— locatefi,'nr the established flood hazard area. i r