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10 CLOVERDALE AVENUE - ANDREWS, KENNETH W - ZBA 10 Cleveland Rd. R-1 , Kenneth W. Andrews fn fttlem, ttssttcljusP##s } y• axrb of '4vwl tl ,AW­' DECISION ON THE PETITION OF KENNETH ANDREWS FOR A VARIANCE AT 41J 10 CLEVELAND ROAD. (R-1) A hearing on this petition was held October 18, 1989 with the following Board Members present: lames Fleming, Chairman, Richard Bencal, Vice Chairman, Members Richard Febonio and Edward Luzinski. Notice of the hearing w..s 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, owner of the property, is seeking a Variance for an addition to their premises at 10 Cleveland Road (R-1) . The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which expecially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; 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 or 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. No opposition was present. 2. The addition is for family use only and will enhance their quality of life. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district generally. 2. Literal enforcement of the provisions of the Ordinance would work a substantial hardship on the petitioner. 3. The relief requested 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. K_,L DECISION ON THE PETITION OF KENNETH ANDREWS FOR A VARIANCE AT 10 CLEVELAND ROAD (R-1) page two Therefore, the Zoning Board of Appeal voted unanimously, 4-0 to grant the relief requested, subject to the following conditions: 1. All work be done by legal building permit., and a Certificate of Occupancy obtained. 2. All construction be done as per existing City and State Building Codes., and as per dimmsicns sham on plans submitted. 3. Exterior finishes of the proposed addition be in harmmy with existing structure. 4. All requirmmts of the Fire Depart tie st y lhered . GRANTM Richard T. Febonio, Board Member 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 Mass. Caneral Laws, Chapter SCS, and shall be filed within 20 days altar the dote of filing of this decision in the office of the City Clerk. Pursuant to Mass. Ceneral Laws, Chac:er 808, Section 11,the variance or c,pecial 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 or the owner of record oe Is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL, w :"CART & TOWERS ENGINEERING CORP. . .7ur�e�e., �ocuzae�azd���ott°' =Joseph D.Carter - Professional Engineer 6 FAIRVIEW AVENUE s ;'Registered Land Surveyor SWAMPSCOTT. MASS. 01907 5 Tel. 592-8386 -IL Cant tt ' - V�LP s ${4 {f' To the Salem 5C Savings Bank t 35� and Its Title Insurers L` *Az j�°r I hereby certify that I have examined D.F the premises and all easnments, ' l encroachments , gus aie Sat 3s located on the gr„u.w as snown. S N i q further certiiy Kiat the �w:.i,igs show,i $Ad h u�f f o�Ct conformed to the zoning a>rs of u't Salem, MA wi:nn constructed. I further certify that this structure ok is not located in the P established flood haza rea. s 4 4 /p( B yarM� CLE�iELNa._..T2D_ Joseph D. Carter R.L.S. #9387 u,:d rGrDhcate dues not incwae shrubs, fences, walls or drive- Ways, as they do not necessarily Indicate property. line, MORTGAGE SURVEY 10 CLEVELAND RD. OFA SALEM, MASS. EP��H valr SCALE: 1" = 50 ' o JOSEPH 9ny� DATE: 10/20/86 iz� D. s CARTER . . . . . y No. 9387 g . �"f F-•... ED °kaL Ups/ NOTE: This certification is based on the location of survey markers of others, and does not represent a property survey: To be used for Mortgage purposes only. i CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING F2� 70"74 /367 DATE_ e New England Electric • v 668-7.7 - .9-81 wPAGE NO. K�/NJJ N�Tti NS ja *- BY • WLI - I • Q - c6 � \ t l • - - - - - i CrL CuEG iuJb fi—r- - - - 4-- w M New England Electric DAT/'_n-_/ ' v 668-27 9.81 Y1 PAGE tg), BY TT T-T- Ell ] I i' Ali %; j/ % / i/�/ �/ / /4 / }/ � �f / i / i % i � ici! � !• i� � New England Electric DATE ' 1^ r 1 {� __ j% _ • 668-27 9-81 SV.' PAGE NO /o CLEVE (- ANO , BY • ,.__. S_1 cAe lJ � ew �c�v�M �_C_ `�a e.14; �� �� _ • 1� • � . !I - - - - -} - - I NewEngland Electric ^ 668-27 9-81 C P� '.E NO. jo L c- E, L111 a 1) a ::R-H- .-1-4 4- • S�c�e l�-1ew � �ewi L2 Cle�it,@Ig,N �c�-- �y �o • • I ' Q - — I I I/ I/A i 1i /I/ I/ It/ 1 1 71/ l l 1 I t • _ - , td-