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7 WITCHCRAFT ROAD - BUILDING JACKET UPC 10333 No. 153L-3 HASTINGS.MN ft'CA �r CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL - t t. r = 9 120 WASHINGTON STREET, 3RD FLOOR tA, SALEM, MA O 1970 TEL. (978) 745-959.5 �'�/Mnv6W FAX (978) 740-9846 -- STANLEY J. USOVICZ, J@, MAYOR DECISION OF THE PETITION OF GEORGE GLYNOS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 WITCHCRAFT ROAD R-1 A hearing on this petition was held June 19, 2002 with the fallowing Board Members present: Nina Cohen, Joan Boudreau, Nicholas Helides and Joseph Barbeau. 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 an addition, which will consist of garage and rooms above to expand living space and relief from number of stories for the property located at 7 Witchcraft 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 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 appeared and showed plans of the proposed addition and garage. 2 Petitioner stated he needs extra living space for his growing family. 3. John Tregg Tari of 5 Pioneer Circle appeared and spoke in favor of the petition. 4. Mr. Chasse of 59 Ord Street had concerns about petitioner running his business of the home but h ad no opposition to the petition. i DECISION OF THE PETITION OF GEORGE GLYNOS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 WITHCCRAFT 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 statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions 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 the existing structure. 6. Petitioner is to obtain a Certificate of Occupancy. VARIANCE G RANTED June 19, 2002 J an Boudreau Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal frorn 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