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16 COUSIN STREET - ZBA _ � � . . � �� 1 rrdtlxle:The Tea ThkP':View- Legal Notice CITY OF SALEM BOARD OF APPEAL 978-745-9595,Ext 381 Will hold a public hearing for all l persons interested in the petition submitted by JORGE •BARZOLA requesting Variance from rear yard set- back to construct a` covered entrance.Setback will be 23'5 instead of the required 30'for the property located at 16 Cousins Street R-2.Said hearing will be held on Wednesday, December 14,2005, 6:30 p.m., 120 Washington Street, 3rd floor, Room 313. (1211,7) Nina Cohen,Chairman CITY OF SALEM9 MASSACHUSETTS CITY OF SALEM, MA » BOARD OF APPEAL CLERK'S OFFICE _ 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 9 [ p STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 LBOJ DEC 28 A 9: 1 S MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF JORGE BARZOLA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 16 COUSINS STREET R-2 A hearing on this petition was held on December 14, 2005 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Robin Stein and Edward Moriarty. 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 rear yard setback to construct a covered entrance for the property located at 16 Cousins Street located in a R-2 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 reviewing the plans, makes the following findings of fact: 1. Petitioner Jorge Barzola appeared and presented his petition to the Board. 2. Plans were submitted showing the new construction. The rear setback will be 23'5 feet instead of the required 30 feet. 3. A number of abutters appeared and spoke in support of this petition stating what a good neighbor Mr. Barzola was and how he always maintained his property. 4. There was no opposition. 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. DECISION OF THE PETITION OF JORGE BARZOLA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 16 COUSINS STREET R-2 page two 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 4 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions 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. 6. Petitioner shall obtain a Certificate of Inspection. 7. Unless this decision expressly provides otherwise, any zoning relief granted does Not authorize Petitioner to demolish or deconstruct any structure (s) on the property to an extent greater than 50% of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than 50% of the replacement cost or more than 50% of its floor area at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. Variance Granted &oc e�\ December 14, 2005 Edward Moriartyr J Board of Appeal I J 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. CITY OF SALEM, MASSACHUSETTS CITY OF'�.ALEM, MA y BOARD OF APPEAL CLERK'S OFFICE . 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 7 pp STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 OEC 20 A q: I S MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF JORGE BARZOLA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 16 COUSINS STREET R-2 A hearing on this petition was held on December 14, 2005 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Robin Stein and Edward Moriarty. 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 rear yard setback to construct a covered entrance for the property located at 16 Cousins Street located in a R-2 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 reviewing the plans, makes the following findings of fact: 1. Petitioner Jorge Barzola appeared and presented his petition to the Board. 2. Plans were submitted showing the new construction. The rear setback will be 23'5 feet instead of the required 30 feet. 3. A number of abutters appeared and spoke in support of this petition stating what a good neighbor Mr. Barzola was and how he always maintained his property. 4. There was no opposition. ) 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. DECISION OF THE PETITION OF JORGE BARZOLA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 16 COUSINS STREET R-2 page two 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 4 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions 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. 6. Petitioner shall obtain a Certificate of Inspection. 7. Unless this decision expressly provides otherwise, any zoning relief granted does Not authorize Petitioner to demolish or deconstruct any structure (s) on the property to an extent greater than 50% of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than 50% of the replacement cost or more than 50% of its floor area at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. Variance Granted December 14, 2005 Edward Moriarty 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.