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19 VALLEY STREET - ZBA v� o 19 VARKEY STREET _ L J t Ugal Notice I r { 111 CIN OF SALEM I � BOARD OF APPEAL ;a 745.9595 Ent.381 3 Will hold a public hearing for all y persons interested in the petition w submitted by MARK & CYNDI is NAPIERKOWSKI requesting a Vari- ance from Section 7-3 Off-Street Park- at ing regulations to allow a second k curb cut for the property located at 19 is VALLEY STREET R-1. Said hearing is will be held on WEDNESDAY, SEPTEMBER 15,2004 AT 6:30 P.M., :r 120 WASHINGTON STREET, 3RD 311 FLOOR,ROOM 313. 'lo Nina Cohen s - Chairman CITY OF SALEM, MASSACHUSETTS • 4 BOARD OF APPEAL , .._1- O_ ArP4LN4FON--STIiEE3'= T• SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 ©;kNC�}, MAYOR FAX: 978-740-9846 T-3 Y F' DECISION OF THE PETITION OFMARK&CYNDI NAPIERKOWSKI REQUESTING A is VARIANCE FOR THE PROPERTY LOCATED AT 19 VALLEY STREET R-1 A hearing on this petition was held on September 15, 2004 with the following Board Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Nicholas Helides 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 Section 7-3, Off-Street Parking regulations to allow a second curb cut for the property located at 19 Valley 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 is seeking a Variance from off-street parking regulations to allow a second curb cut. 2. A petition was submitted with two names of the abutters in favor of this petition. 3. There was no opposition to this petition. P"Pl- rr)11IJERT VARIANCE FOR THE PROPERTY LOCATED AT 19 VALLEY 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. 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 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 construction shall be done as per the plans submitted. 3. All requirements of the Salem Fire Department shall be strictly adhered to. n_. r Cn m rn A o Variance Granted September 15, 2004 ©r R3 Nina Cohen _ m3 D Board of Appeal on 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. We support Mark and Cyndi Napierkowski's request to have a second curb cut at 19 Valley St. for the purpose of adding a second driveway. Name Date Address �n�Qo� band �apoo� O�ao���Qo�� Bnao Professional Land Surveyors Et Civil Engineers ESSEX SURVEY SERVICE 1958 - 1986 OSBORN PALMER 1911 - 1970 BRADFORD R WEED 1885 - 1972 PIAT PLAN OF LAND LOCAM IN 5-A MASS. �Zq g'Z� SZS 523 99 4u Zo,6W 6 Z4 5Z � 522 Etf571hG Lll 0� �'a��sna6 ExISTw& rEk3G� ti/1JJ�T/K+. hr IC! f Z4' r ri L4 OL ., f t)(I Y} C wzi5 G.LA PRI*k"�tF t� VA LLEty P � 1 S 3o' R IV DATE: JUL`/ 1 Fj 2oGZ PL 5S PG Chr to _. &.. o PLS 31317 REFFUNOS• , 104 LOWELL STREET PEABODY,MASS.01960 rout x.'11.8121