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-� CITY OF SALEM, MASSACHUSETTS CITY OF SALEM, I
+ BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 /�
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 '1604 DEC 22 A II;
MAYOR
FAX: 978-740-9846
DECISION ON THE PETITION OF W DONALD&JULIE JEFFREY REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 16 SUNSET ROAD R-I
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 side yard setback to allow a garage and
addition to be constructed for the property at 16 Sunset Road 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 fmdings of fact:
1. Petitioners' Donald&Julie Jeffrey appeared and represented themselves at the
hearing.
2. The request is from a side yard setback to allow construction of a garage and
addition.
3. The side setback will be 5.2' instead of the required 10%
4. A petition was submitted with 5 names of abutters in favor Of this petition.
5. A determination of applicability was submitted for the Salem Conservation
Commission listing the special conditions.
6. Plans were submitted showing the proposed addition.
7. There was no opposition to this petition.
DECISION OF THE PETITION OF W DONALD& JULIE JEFFREY
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 16 SUNSET
ROAD 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 withal] cityand 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. Exterior finishes of the new construction shall be in harmony with existing
structure.
6. Petitioner shall obtain approval from any City Boards or Commission having
jurisdiction, including the Conservation Commission.
Variance Granted
December 15, 2004 �1
Bonnie Belair
Board of Appeal
,J
DECISION OF THE PETITION OF W DONALD& JULIE JEFFREY REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 16 SUNSET ROAD 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