12 DEARBORN LANE - BUILDING JACKET 1 12 DEARBORN LANE ` N
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1�Xt?9 uaLY��ii
FEBRUARY 24, 1977 till C,0,
DECISION ON PETITION OF PATRICIA H. DONAHUE AND SOPHIE DONAHUE, 12 Dd
LANE REGARDING LAND LOCATED ON .12 DEAIZBORt+ IE:1tiF' R-1 DIS2'RICT E:AI:BOi2
A hearing on this petition was held January 25, 1977 with members Arthur. Labrecque,
Donald Eames, Douglas Hopper, James Boulger and Chairman James Gray present. Notices
were sent to abuttors and others :in accordance with Plass. General Laws, Chapter 808.
The Petitioners seek a variance to enable them to build and maintain a building
within 20 feet of the rear line and within 11 feet of the street. The lot area and
frontage comply with zoning requirements for a building lot but due he the nature of
the lot itself as a corner lot with only 62.10 feet in width, the Petitioner claims it
is a hardship to construct a suitable dwelling within the set back and rear yard require-
ments. The rear yard requirements in an. R-1 Zone is thirty feet and the set back
requirements in an R-1 Zone is fifteen i.eet.
Atty. Walter Costello represented the Petitioner before the Board and noted that
the building is now under construction. A building permit was issued but the contractor,
while putting in the foundation, did not place the foundation in the right position. It.
was noted that there is the possibility that children removed the original stakes when
the foundation was put in.
The Petitioners claim that it would be a hardship to deprive them of the use of
their lot in the best possible manner.
The Board voted unanimously to grant the following variances: 1) a variance from the
fifteen ft, requirement for minimum depth of front yard to allow eleven feet; 2) a variance
from the minimum depth of the rear yard of thirty feet to allow a twenty foot rear yard.
The Board found that it would be a hardship to the Petitioners since construction has alre_ad
been undertaken to require that the building conform to the statuatory requirements for dept
of rear yard and depth of front yard. The Board found that it could grant said variances
without debrogating from the Zoning Ordinance.
GRANTED �F 9 i i :ri x F* t xR tKx �
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts
General Laws, Chapter 808, and shall be filed within twenty days after the date of filing
of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, 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 twenty days have elapsed and no appeal has been filed, or that, if
such an appeal has been filed, that it has been dismissed or denied, is recorded .in the
"outh Essex Registry of Deeds and indexed under the name of the owner of record or is recorde
ad noted in the owner's certificate of title. Copies of the decision herein have been filed
with the Planning Board and the City Clerk.
j SALEM BOARD Or APPEAL
BY
,?ane T. Lundregan, Seeret ry
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Titg of Stttem, 416Fami ar4usetts :x,
rr Department �ira�quartrre ` M
3NiC\ Sk t
Date July 25: 1977 .
'a
}'arol.d B. Hubby Re: 12 Dearborn Lane
rt, of Comp. •//10475 Salem, Mass, 01970 `N
Dnve ilannus, Inc. (Application filed 3/
'. 6 Union StreetWoburn, Nas.r.
r � r :
Sirs :
As a result of an inspection or an incident observed by the " " -'tii