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17 ROCKDALE AVENUE - BUILDING INSPECTION X17 �oc��.l e ..� CITY OF SALEM, MASSACHUSETTS CITY 6F SALEM-' M4 BOARD OF APPEAL CLERI( S ©PEKE 120 WASHINGTON STREET, 3RO FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 - I, 21'. MAYOR FAX: 978-740-9846 Z094DEC 28 P DECISION ON THE PETITION OF WILLIAM AND CAROL KENNEY REQUESTING A VARIANCE_FOR THE PROPERTY LOCATED AT 17 ROCKDALE AVENUE R-1 A hearing on this petition was held on December 15, 2004 with the following Board Members present;Nina Cohen Chairman, Bonnie Belair, Richard Dionne, Edward Moriarty and Nicholas Helides. 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 lot size and rear yard setback of a dwelling less than 30 feet to construct a single family dwelling for the property at 17 Rockdale Avenue located in an R-1 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 structures 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 plane, makes the following findings of fact: 1. Petitioners were represented by Attorney William Quinn of 222 Essex Street. 2. The request is from lot size and rear yard setback to create a new lot. 3. The unusual hour-glass shape lot leaves proposed home site remote and virtually unusable in conjunction with existing dwelling and is difficult to maintain. 4. A petition was submitted with 12 names of abutters in favor of this petition. 5. A letter was sent from City Councillor Leonard O'Leary supporting this petition. 6. There was no opposition to this petition. DECISION OF THE PETITION OF WILLIAM& CAROL KENNEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 17 ROCKDALE AVENUE R-1 page two On the basis of the above findings of fact, and on,the evidence presented the Board of Appeals finds as follows; 1. Special conditions exist when especially affect the subject property but not he 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: I. Petitioner shall comply with all city and state stature, ordinance, codes and regulations. 2. All construction shall be done as per the plans 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. Petitioner shall obtain a Certificate of Occupancy. 6. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and shall display numbers as to be visible from the street. 7. Petitioner shall observe all blasting and take into consideration the ease on their neighbors. Variance Granted December 15, 2004 Z'�wk'�' Richard Dionne Board of Appeal l J DECISION OF THE PETITION OF WILLIAM & CAROL KENNEY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 17 ROCKDALE AVENUE R-1 page three 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 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