5 VICTORY ROAD - BUILDING INSPECTION uu
uNo 153E
HASTIM00, UN
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CITY OF SALEM. MA
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CLERK'S OFFICE
2001 AUG 2LI A 10: 01
DECISION OF THE PETITION OF DAVID READON REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 5 VICTORY ROAD R-1
A hearing on this petition was held August 15, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris 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 setback and relief on front setback to
extend a non-conforming structure to construct a farmer's porch for the property located
at 5 Victory Road R-1.
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. Petitioner seeks relief to extend a nonconforming structure to construct a farmer's
porch. Relief requested, front setback of 10.9' foot, required being 15 feet. Side
setback requested relief, 4.9 foot, required being 10 feet.
2. The petitioner's property is an existing nonconforming lot in an R-1 zone.
3. Allowing the petition would not harm or be detrimental to the neighborhood.
4. There was no opposition to this petition.
DECISION OF THE PETITION OF DAVID READON REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 5 VICTORY ROAD R-1
pagetwo
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 in general.
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 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. Exterior finishes of the new construction shall be in harmony with the existing
construction.
Variance Granted
August 15, 2001 ; y� CEC'ry -
Stephen1 arris
Board of Appeal
DECISION OF THE PETITION DAVID READON REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED 5 VICTORY 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 after the
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