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11 WITCHCRAFT ROAD - BUILDING JACKET II WITCHCRAFT ROAD i M/ 1/11 UU � No. 153L-2 HASTINGS. MN LOS ANGELES-CHICAGO-LOGAN.ON MCGREGOR.TX-LOCUST GROVE.GA - U.S.A. w CITY OF SALEM, MASSACHUSETTS CITY OF SALEM, MA BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR ?�1 . SALEM, MA 01970 TEL. (978) 745-9595 FAx (97e) Tao-seas 1003 JUN - STANLEY J. USOVICZ, JR. 3 A Q MAYOR DECISION OF THE PETITION OF CHRISTOPHER CANTON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT I I WITCHCRAFT ROAD R-1 A hearing on this petition was held May 21, 2003 with the following Board Members present: Nina Cohen, Chairman,Richard Dionne, Bonnie Belair, Nicholas Helides and Joan Boudreau Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from the rear yard setback to construct an addition for the property located at l l Witchcraft Road located in an.R-I zone. The Variances, which have been requested, upon a finding 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 this 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 appeared and represented himself at the hearing. 2. Plans were submitted showing the proposed addition 3. The new construction will be a family room, bedroom and master bedroom. 4. There was no opposition to this petition. DECISION OF THE PETITION OF CHRISTOPHER CANTONE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 11 WITCHCRAFT ROAD R-1 page two On the basis of the above finding of fact, 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 petition. 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 5-0, 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 dimension 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. Variance Granted May 21, 2003 Bonnie Belair Board of Appeal t 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 MGL 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 MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the Certification of the City Clerk that 20 days have passed 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 of the owner of record or is recorded and noted on the owners Certificate of Title. Board of Appeal -'R SEP 2 (�itv of �ulem, �fttssttchusetts s. �Rnttrd of ��v}rettl HrgUirv "/ DECISION40N THE PETITION OF PATRICIA POPP FOR A SPECIAL PERMIT ATL 1' WWITCHRAFT ROAAD (R-1 ) A hearing on this petition was held September 19, 1990 with the following Board Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman; Joseph Correnti , Secretary; Richard Febonio and Mary Jane Stirgwolt. 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. Petitioner, owner of the property, is requesting a Special Permit to allow an existing deck in this R-1 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B, 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such expansion shall not be substantially more detrimental than the existing noncon- forming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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 deck was constructed in 1986. 2. The deck allows a more fuller use of the property. 3. No support or opposition was presented. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The grant of the Special Permit will promote the welfare and convenience of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: DECISION ON THE PETITION OF PATRICIA POPP FOR A SPECIAL PERMIT AT 11 WITCHCRAFT ROAD, SALEM page two 1 . Petitioner comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 2. Petitioner obtain a legal building permit. 3. Deck remain as per dimensions submitted. 4. All construction be done as per all existing City and State building codes. SPECIAL PERMIT GRANTED September 19, 1990 O a °) chard A. Bencal , ChaTrrnan 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 and ;hzll he filed within 20 days �n,ral Laws. C!;apter 503' . the City Clcrk. the L" G cn i.. : of:•co c. ;:f iY:l.; , Variance ;ticn 11, tie riance t� Jel l a c^py of the Dave i. ;'i:3, if s':rn hai been in t:10 south Essex tiled. L�St is ha' beeiha owner of record or IIP-29 ,G<r:',z '..: 'cr',:.:. Registryd.t:15 of De^_cls and is recorded and noted an the owner 90Ct0' ca',e of Title. AROF APPEAL