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UPC 10333
No. 153L-3
HASTINGS,WN
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL " it
" a y 120 WASHINGTON STREET, 3RD FLOOR � C OFFiC
SALEM, MA 01970
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TEL. (978) 745.9595
FAX (978) 740-9846 -
STANLEY J. USOVICZ, JR. "RU Jjl i� P = [J 1
MAYOR
DECISION OF THE PETITION OF CHRISTOPHER KINNON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT�9 PAF-LLECSTFtEE:T 9-2
A hearing on this petition was held June 19, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau, Nicholas Helides and Joseph Barbeau. 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 a Variance from front& rear setback to construct an
addition. Front setback will be 12' rather than 15' and rear setback of 21' instead of the
required 30'for the property located at 9 Parallel Street located in an 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 hiardship, financial or otherwise, to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good and
without nultifying 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. Petitioner desires to construct an addition to a single-family residence located at 9
Parallel Street in Salem. The 15 x 20 foot room would be set back 12 feet from the
front property line, instead of the required 15 feet and the rear setback would be 21
feet instead# of the required 30 feet.
2. The existing house is nonconforming as to front and rear setbacks, and it abuts on
extensive vvetlands, Rosie's Pond, at the rear property line. The proposed addition
would exter-7d no further towards the rear of the property than the existing
nonconforrz--ling house, and would be setback 5 feet from the front of the house.
3. Petitioner stated that he appeared before the Salem Conservation Commission and
presented his plan for the proposed addition. He stated that the members had no
opposition to the proposed plan. No one appeared to present any opposition to the
DECISION OF THE PETITION OF CHRISTOPHER KINNON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 9 PARALLEL STREET R-2
page two
Proposed plan at the present ZBA meeting either.
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 in general.
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 4-0 to grant the Variances requested,
subject to the following conditions;
1. 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 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.
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.
VARIANCE GRANTED
June 19, 2002
Nina Cohen CScrj
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
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.
Board of Appeal