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20 MAPLE AVENUE - BUILDING INSPECTION 2-o M LE .r oNoir�. CITY OF SALEM9 MASSACHUSETTS d4� BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS O 1970 TELEPHONE: 978-745-9595 W� FAX: 978-740-9846 �= N KIMBERLEY DRISCOLL MAYOR �7 IV April 28, 2010 D Decision =- V w City of Salem Zoning Board of Appeals o Petition of CHRISTOS AND ELENI LIRANTONAKIS requesting Variances from lot size and lot width/frontage in order to subdivide the existing property located at 20 MAPLE AVENUE into two lots (Residential One-Family Zone). A public hearing on the above Petition was opened on April 14, 2010 pursuant to Mass General Law Ch. 40A, § 11. The hearing was closed on April 14, 2010. with the followin- Zoning Board of Appeals members present: Robin Stein, Richard Dionne, Rebecca Curran, Beth Debski, Bonnie Belair(alternate), and Jimmy Tsitsinos (alternate). Petitioner seeks Variances pursuant to Section 4.0 of the City of Salem Zoning Ordinances. Statements of fact: I. Attorney Scott Grover represented the petitioners at the hearing. 2. In a petition dated March 25, 2010, petitioner requested dimensional Variances in order to subdivide the property at 20 Maple Avenue into two (2) lots. 3. Current use of the property is a single-family home. Petitioners propose to construct a new single-family home on the newly created lot. A shed is also present on the property, which petitioners propose to remove. 4. At the hearing, Attorney Grover presented a locus map of the neighborhood and showed that the majority of properties in the vicinity were of the same size or smaller in area than petitioners propose the two newly created lots to be after subdividing them. 5. At the hearing, Attorney Grover explained that due to the large size and configuration of the buildings on the property, enforcement of the Zoning Ordinance would create a hardship for the petitioners, since most of the land is unusable. 6. At the hearing, COLInc111or-at-Large Arthur Sargent 111, 8 Maple Street, spoke as an abutter and on behalf of the neighborhood, expressing support for the petition. z He stated that the size of the lots to be created were in keeping with the neighborhood. 7. At the hearing, Attorney Grover presented a petition signed by five neighbors in support of the proposal. S. At the hearing, Board members agreed that the proposed lot areas were consistent with the neighborhood. Board members also noted that the size of the house proposed was of an appropriate scale for the street, and that setback relief would not be required because the house would not be overly large. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: I. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, since the lots being created would be of a size similar to or larger than most in the neighborhood, and the house proposed is of an appropriate scale compared to surrounding homes. 2. The applicant may vary the terms of the Residential One-Family Zoning District to subdivide the property into two lots and construct a new single- family house, as shown in the plans submitted, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. Variances are granted to subdivide the property into two lots and constrict a new single-family house, as shown in the plans submitted. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein, Curran, Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests for a Variances subject to the following terms, conditions, and safeguards: I. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ;r .l 3 4. Petitioner shall obtain a building permit prior to beginning any Construction. 5. A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 7. . Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited, to the Planning Board. Robin Stein, Chair Salem Board of Appeals A COPY OF ITIS DECISION IIAS BEEN PILED 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 has been filed with the Essex South Registry of Deeds.