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11 NAPLES ROAD - BUILDING INSPECTION 11 NAPLES ROAD of #alem9 Massar4usrtts public Vrnpertg i9epartment iguilbing Department Mne dalrm (Qrren 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 14 , 1997 John Hoar 4 Naples Road Salem, Mass . 01970 RE : 11 Naples Road Dear Mr . Hoar : According to the records on file in this office , it has been determined that 11 Naples Road is a lawful , nonconforming, grandfathered lot . The Salem Zoning Board of Appeals granted a variance from minimum lot width, frontage and left side setback to allow a house with 2 car garage to be built for the property located at 11 Naples Road . Sincerely, Leo �e �� Zoning Enforcement Officer LET: scm Tltg of '5NIPM, �ttssttcljusPtts 3 a Potts of ( uRral X64' Qwwc Y J L,' S Oiv;��FSS DECISION OF THE PETITION OF JOHN A. HOAR REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD (R-1) A hearing on this petition was held September 17, 1997 with the following Board members present: Nina Cohen, Albert Hill, Joseph Ywuc and Richard Dionne. 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, requests a Variance from minimum lot width, frontage and left side setback to allow a house w/2 car garage to be build for the property located at 11 Naples Road (R-1 ) . The Variance which has been requested may be granted upon a finding of this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1 . The petitioner, John A. Hoar appeared and represented himself. 2. The petitioner would like to build a single family dwelling with a two car garage. 3. Mr. Donald Michaud, 12 Savoy Road appeared in favor of the petition. Ms. Lorraine Fagone , 14 Savoy Road appeared in favor of the petition. 4 . There was no opposition to this petition. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. DECISION OF THE PETITION OF JOHN A. HOAR REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD page two ,Fr 23 2 P� , T v. 97 3. Desirable relief can be granted without substantial de'4i.menv-to public good and without nullifying and substantially db�dgati3t� the intent of the district or purpose of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 4-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 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 proper street numbering from the City of Salem Assessor 's Office and shall display said number so as to be visible from the street. 7. Left side shall be no closed than 5 feet from the side setback. Variance Granted ` September 17, 1997 Richard Dionne, Member Board of Appeal A 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 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 until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed 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 41 fllitu of �ttlem, 'Massadjusetts (&DECISION 3Boara of `c'�u{renl OF THE PETITION OF JOHN A. HOAR REQUESTING A OCT Z6 57 fil '35 VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD (171.) t)f 1, ,f ?IgSS A hearing on this petition was held October 18, 1995 with ' r�i8l:i'Mng Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, Nina Cohen, and Arthur LeBrecque. 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, owners of the property request a Variance from minimum lot width to build a single family dwelling for the property located at 11 Naples Road. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. This was determined to be a grandfathered lot. 2. There was no opposition to the request. 3. The abutters and the Osgood Park Neighborhood Association spoke in favor of the petition. 4. Many of the lots in the neighborhood have less than the required frontage. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: DECISION ON THE ?ETTTION OF JOHN A. HOAR REQUESTING VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD (R-1) page two 1 . Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4 . _ A Certificate of Occupancy is to be obtained. 5. Petitioner shall obtain proper street numbering from the City of Salem Assessor's office and shall display said number so as to be visible from the street. Variance Granted October 18,1995 Stephen Touchette, Chairman Board of Appeal A 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 Massachusetts General Laws Chapter LOA, 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 until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed 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 t r ODECISION of �ttlem, 'Tasondjuseits boiira of Appeal OF THE PETITION OF JOHN A. HOAR REQUESTING A OCT Z6 57 F71 'g5 VARIANCE FOR THE PROPERTY LOCATED AT'll`NAPLES ROAD;(_&T1J , ,� "SASS .lf ,. . A hearing on this petition was held October 18, 1995 witCh 6!P'� �"fbifm ng Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, Nina Cohen, and Arthur LeBrecque. 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, owners of the property request a Variance from minimum lot width to build a single family dwelling for the property located at 11 Naples Road. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. This was determined to be a grandfathered lot. 2. There was no opposition to the request. 3. The abutters and the Osgood Park Neighborhood Association spoke in favor of the petition. 4. Many of the lots in the neighborhood have less than the required frontage. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: J DECISION ON THE PETITION OF JOHN A. HOAR REQUESTING _ VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD (R-1) page i o 1 . Petitioner shall comply with all city and state statures, ordinances , codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. G . A Certificate of Occupancy is to be obtained. 5. Petitioner shall obtain proper street numbering from the City of Salem Assessor's office and shall display said number so as to be visible from the street. Variance Granted —�����Z ," October 18,1995 Stephen Touchette, Chairman Board of Appeal A 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 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 until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed 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 (f itu of ttlem, C ttsstttl�usetts QDECISION ,gnura ufc°�itftenl OF THE PETITION OF JOHN A. HOAR REQUESTING A OC' 26 57 fj ° VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD (&111 ) , ,, MASS A hearingon this l' C' 8ii petition was held October 18, 1995 with th� 'fbiib4riing Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, Nina Cohen, and Arthur LeBrecque. 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, owners of the property request a Variance from minimum lot width to build a single family dwelling for the property located at 11 Naples Road. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. This was determined to be a grandfathered lot. 2. There was no opposition to the request. 3. The abutters and the Osgood Park Neighborhood Association spoke in favor of the petition. 4. Many of the lots in the neighborhood have less than the required frontage. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: DECISION ON THE ?ETITION OF JOHN A. HOAR REQUESTING _=_ VARIANCE FOR THE PROPERTY LOCATED AT 11 NAPLES ROAD R-1 ) page two 1 . Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department re'_ative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. A Certificate of Occupancy is to be obtained. 5. Petitioner shall obtain proper street numbering from the City of Salem Assessor's office and shall display said number so as to be visible from the street. Variance Granted Z </ October 18,1995 Stephen Touchette, Chairman Board of Appeal A 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 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 until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed 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