10 WOODBURY COURT - BUILDING INSPECTIONrig �a �
1 co r CITY OF SALEM9 MASSACHUSETTS CIl Y OF SALEM. MA
BOARD OF APPEAL CLERKS OFFICE
120 WASHINGTON STREET,3RD FLOOR
SALEM,MA 01 970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. LISOVICZ, JR. - .1003 JUL -9 A 19
MAYOR
DECISION OF THE PETITION OF LISA ALVES REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 10 WOODBURY COURT R-2
A hearing on this petition was held June 25, 2003 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, 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 New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Variance from right side setback to construct a 16 x 16
addition for the property located at 10 Woodbury Court located in an R-2 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. Petitioners Lisa and Brandon Alves appeared and represented themselves at the
hearing.
2. Plans were presented showing the 16 x 16 addition.
3. The right side setback will be 6 feet instead of the required 10 feet.
4. There was no opposition to this petition.
✓y
DECISION OF THE PETITION OF LISA ALVES REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 10 WOODBURY COURT R-2
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. Existing finishes of the new construction shall be in harmony with the existing
structure.
Variance Granted
June 25, 2003
Bonnie Belair SC}"`�
Board of Appeal\
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.
Board of Appeal