17 PATTON ROAD - BUILDING INSPECTION SUI!� ® '
UPC 10330
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HASTINGS. HN
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CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 0
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STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
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MAYOR FAX: 97e-740-9846 rn ��
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DECISION OF THE PETITION OFANTHONY CARNEVALE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 17 PATTON ROAD R-1 _ m3
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A hearing on this petition was held on August 18, 2004 with the following Board O
Members present: Nina Cohen, Bonnie Belair, Richard Dionne , Stephen Harris 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 to seek to vary the terms of the Zoning Ordinance from the
requirement of maintaining a conforming 15,00 sq ft parcel after conveyance of a 24 x 60
portion, more or less of sail parcel located at 17 Patton Road adjacent to 37 Moffatt
Road.
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 was seeking a Variance to convey a 24 x 60 portion of 17 Patton
Road to 37 Moffatt Road.
2. The land is considered by the Petitioner to be unusable to him and that the
abutter was already using the land. So to him it makes more sense to convey
the land.
3. There was no opposition to this petition.
DECISION OF THE PETITION OFANTHONY CARNEVALE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 17 PATTON ROAD 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 obtain approval from any City Boards or Commissions having
Jurisdiction including but not limited to the Planning Board.
Variance Granted
August 18, 2004
Stephen Harris S�n�
Board of Appeal, Mem er
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.
Board of Appeal
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3 �• CITY OF SALEM
1 CERTlMITE,OF,�CCUPANCT .{
Issued. Permd fh 0
' .ns SALEM, MASSACHUSETTS 01970
Cjty.of.:$alem Building Dept;
DATE a - ? 19 PERMIT NO. -
APPLICANT - ADDRESS '
-' - - (NO) (STREET) (CONTR'S LICENSE) -
;_YIN it f(71_,ii
-.CITU STATE—' ZIP CODE •{ '�- L' TEL.NO. -
PERMIT TO
NIE -
L l.i DI.NiG },\;i NUMBEROF -
- - ""
(TYPEOFIMPROVEMENT) (.NO j STORY (PROPOSED USE) DWELLING UNITS
FCATION),' i 1N '{ofaj) ZONINDTRGT -
(NO.) (STREET)
BETWEEN AND
' (CROSS STREET) (CROSS STREET)
- -SUBDIVISION LOT �' '= BLOCK SIIZE
BUILDING IS TO BE. FT.WIDE BY FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USEGROUP BASEMENT WALLS OR FOUNDATION
. . - (TYPE)
REMARKS . .t. t__. . ,
AREA OR - - PERMIT C -
VOLUME ESTIMATED COST ='c,s >`'V'"• FEE .p ''- -s �"`-'
(CUBIC/SOUARE FEET) -
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.OWNER �•.r 14.r -.i.iy t_ moi`#C
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THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
., ON PUBLIC PROPERTY;NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. -
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PARSONS AND FAIA INC .
60 LEWIS STREET
LYNN MASSACHUSETTS 01902
( 617) 593- 7927
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THIS IS A TAPE SURVEY BASED ON THE
SURVEY MARKERS OF OTHERS AND THE LINES
OF.000UPATION.THIS PLAN WAS DRAWN FOR
MORTGAGE PURPOSES ONLY.THIS PLAN WAS
NOT PREPARED FOR RECORDING PURPOSES,
DEED DISCRIPTIONS,CONSTRUCTION
THE PREMISES SHOWN ON THIS PLAN VERIFICATION OF PROPERTY LINE DIMENSION
IS 14%71 LOCATED WITHIN THE FLOOD BUILDING LINE OFFSETS,FENCES OR LOT
ZONE. FIRM MAPqk truly-L CONFIGURATIONS.ONLY A PRECISE
INSTRUMENT SURVEY CAN DETERMINE ALL
I HEREBY CERTIFY THAT THE BUILDING(S) THE ABOVE;
SHOWN ON THIS PLAN ARE APPROXIMATELY MORTGAGE INSPECTION_ PLAN
LOCATED ON THE GROUNDS AS SHOWN
THEREON AND THAT THEY CONFORM TO LoT 3 �A-Rp,� g0ko
THE DIMENSIONAL REQUIREMENTS OF THE
TOWN/CITY OFatt-j„ qjdj LAWS
WH ONSTRUCTED. SAc �,
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