Loading...
27 SILVER STREET - BUILDING INSPECTION C Oftnda fle.Y' 4Esselte 74520 M N CITY OF SALEM, MASSACHUSETT%l y OF �ALEM MA J T CLERK'S BOARD OF APPEAL OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 78 -- 45- 595 2805 JUN 22 P 2: 4b MAYOR DECISION OF THE PETITION OF LUIZ QUARESMA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 27 SILVER STREET R-2 A hearing on this petition was held on June 15, 2005 with the following Board Members present: Richard Dionne, Edward Moriarty, Nicholas Helides, Bonnie Belair and Steven Pinto. 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 rear setback and lot coverage to construct a 14 x 18 addition for the property located at 27 Silver 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 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, Luiz Quaresma owns and occupies an existing nonconforming two family residence at 27 Silver Street. He seeks a variance from setback requirements to add a two-story 14 by 18 addition to expand the existing dwelling. 2. An enclosed porch presently sits on the site of the proposed addition to petitioner's dwelling. The proposed variance would enable petitioner to replace the existing structure with a winterized addition that would be 11 feet from the rear lot line and would increase the overall lot coverage, which is presently nonconforming. 3. There was no opposition to this petition. 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. i DECISION OF THE PETITION OF LUIZ QUARESMA VARIANCE FOR THE PROPERTY LOCATED AT 27 SILVER STREET R-2 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 comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 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 15, 2005 Nina Cohen, Chairma��C Board of Appeals 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.