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5 SKERRY STREET COURT - ZBA O of 5 SKERRY STREET COURT -y .V , �J �� �� i �-� .� Legal Notice Icrr1 OF SALEM BOARD OF APPEAL 745-9595 Ext 381 t will hold a public hearing for all per sons interested in the petition subm'R-I ted by MARK PETIT seeking anj ® Administrative Appeal from the Salem 1 Zoning Officers opinion for the property. .S located at 5 SKERRY STREET, COURT. Said hearing to be on I WEDNESDAY, June 16, 2004 ATI 6:30P.M,120 WASHINGTON STREET. 3rd FLOOR,ROOM 313. Nina Cohen, (W19) Chairman �I CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 1 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR c �o DECISION ON THE PETITION OF MARK PETIT REQUESTING AN -0 ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 5 SKERRY )�,� STREET COURT R-2 D ? o, A hearing on this petition was held on June 16,2004 with the following Board Memlgrs > present:Nina Cohen Chairman, Richard Dionne,Nicholas Helides, Bonnie Belau and Stephen Harris. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting and Administrative Appeal of the Salem Zoning Officers opinion for the property located at 5 Skerry Street Court R-2. The Board of Appeal, after careful consideration of the evidence and after reviewing the plans at the hearing,makes the following findings of fact: 1. The petitioner was represented by Attorney John Keilty of 40 Lowell Street in Peabody. 2. Neighbors and abutters spoke of building materials and debris left on the lot. The abutters were all in opposition to this petition. 3. The Board concurs with Acting Building Commissioner Thomas St. Pierre that this is not a Special Permit use listed in Section 5-3 of the Salem Zoning Ordinance. Therefore, base on the fact and on evidence presented,the Board make a motion to uphold the Building Commissioners opinion with regards to 5 Skerry Street Court with a vote of 5-0 to deny the petitioners appeal. ADMINISTRATIVE RULING DENIED JUNE 16,2004 "chard Dionne s�� Board of Appeal l A COPYOF 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 unit a copy of the decision bearing the Certificate of the City Clerk that 20 days have elapsed an no appeal has been filed,or that, if such appeal has been filed,that it 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. o � W C= -0 Cain D C3- C3 aD m ' rz. Ctu of _'$ttlem, 4EUB �Ruttra of 'A"ral ewwa NIR 21 II DECISION ON THE PETITION OF MARK PETIT FOR A VALIANCE ATT 5:5K T STREET COURT (R-2) A hearing on this petition was held March 20, 1996 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen, Joseph Ywuc and Albert Hill. 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. Petitioner, owner of the property, is requesting Variance from all density requirements to allow construction of a single family dwelling for the property located at 5 Skerry Street Court. The Variance which has been requested may be granted upon a finding of the 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 or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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 or 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 single family dwelling proposed by the petitioner will encroach to within six (6) feet of Skerry Street Court. 2. The petitioner failed to demonstrate or meet the burden of proof relative to legal hardship. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. DECISLON ON THE PETITION OF PARK PETIT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 SKERRY STREET COURT (R-2 ) 1 page two 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating dero atin from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted three (3 ) in favor, two (2) , in opposition to the motion to grant the variance. Having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED March 20, 1996 ae ,x Albert C. Hill, Jr. Member, Board of Appeal 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 MGL 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 MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT 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