64 DEARBORN STREET - BUILDING JACKET 44 DEARBORN STREET
From J.E.M. FWC,617 581 8800 PHONE No. 617 581 6889 Mar.03 1999 3:45PM. P01
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CITY Or SALEM. MASS
CICRK'S OFFICE
DECISION OF THE PETITION OF LAURA SHAPLAND REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 64 DEARBORN STREET R-1
A hearing on this petition was held September 16, 1998 with the following
Board members present: Nina Cohen, Ronald Harrison, Richard Dionne,
Michael Ward and Stephen Buczko. 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 is requesting a Variance from side setback to construct an
addition for the property located at 64 Dearborn Street located in a
R-1 zone.
The Variance which has been requested may be granted upon a finding of this
board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. The petition was presented by Laura Shapland.
2. Petitioner sought a variance for side setback requirements to enable her
to renovate the above-captioned property by adding a single story
addition in an existing nonconforming two story building. The addition
would extend the overall length of the dwelling by 14 feet and would be
6 feet from the property line for the entire length.
3. Petitioner offered a petition signed by 12 neighbors in support of the
proposed renovation. One neighbor, Sandra Cahill, 40 Felt Street, spoke
in support of the petition.
4. There were no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
DECISION OF THE PETITION OF LAURA SHAPLAND REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 64 DEARBORN STREET R-1
page two
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance 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. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . The 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 . A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board of Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Granted
September 16, 1998 /41L2v r(-&
CSenJ
�
Nina Cohen, Chairman
Board of Appeal
A COPT' 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 certification of the City Clerk that 20
days have elapsed 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 owner's Certificate of Title.
Board of Appeal
�Y s
JOB SITE COPY
CITY OF SALEM BUILDING
ty� SALEM, MASSACHUSETTS 01970 PERMIT ERMIT
rnlue
DATE JULY 28 19 9-0 PERMIT NO. 392-1995
APPLICANT HOME_ OWNER / KEVIN DUBE ADDRESS OWNER
(NO.) (STREET( (CONTR'S LICENSE)
CITY STATE ZIP CODE TEL.NO.
ALTERATION ONE FAMILY NUMBEROF
PERMIT TO ( ) STORY DWELLING UNITS
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
Q111SLr DEARBORN STREET ZONING R--I
AT(LOCATION) DISTRICT
(NO.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION •� MAF' 36 LOT 0489BLOCK SIZE IZ1008840 SO FT
BUILDING IS TO BE FT.WIDE BV FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: CONSTRUCT RETAINING WALL. IN LOCATION OF ORIGINAL WALL. L. E. T.
AREA OR PERMIT . 01ZIy
VOLUME ESTIMATEDCOST$ 5+ 01 0 FEE 35
(CUBICISOUARE FEET)
OWNER DUBE KEQIN M
BUILDING DEPT.
ADDRESS E,A DEARBORN ST BY L. E, T
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
0. ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS,THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE
REQUIRED FOR ALL CONSTRUCTION WORK:_ POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR
1.FOUNDATIONS OR FOOTINGS. CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL ELECTRICAL,PLUMBING AND
2.PRIOR TO COVERING STRUCTURAL MECHANICAL INSTALLATIONS.
MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
3.FINAL INSPECTION BEFORE OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
I
z z lease call
=upontion of 'Srk, p-9595 xt.385
BOARD OF HEALTH GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS
1 1
OTHER CITY ENGINEER 2 2
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION.
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DECISION OF THE PETITION OF KEVIN DUBE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 64 DEARBORN STREET (R-1)
A hearing on this petition was held October 16, 1996 with the following
Board members present: Nina Cohen, Albert Hill, Richard Dionne, Joseph Ywuc
and Paul Valaskatgis . 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, requests a Variance to add a dormer to a non-conforming
structure for the property located at 64 Dearborn Street (R-1) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner sought to build an expanded second floor along the rear
elevation of the house, raising the roof on an existing single-story
porch to meet the higher roof line on the main structure and adding
two dormers. The proposed changes would not alter the footprint
of the house.
2. Sarah Hayes, Councillor for Ward 6, appeared in favor and added that
the petitioner had already made improvements to the property.
3. Joseph Correnti, of 55 Dearborn Street, appeared and spoke in favor for
the proposed change.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION OF THE PETITION OF KEVIN DUBE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 64 DEARBORN STREET (R-1)
page two
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance 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 plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Exterior finishes of the new construction shall be in harmony with
the exterior structure.
5 . A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain a building permit prior to beginning any
construction.
7. Elevation to stay the same.
8. Footprint will not change.
Variance Granted
October 16, 1996 , / ��� ` cscy,,
Nina Cohen, A?ember
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED IrITH 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 LOA, 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 u�,itl a
copy of the decision bearing the certification of the City Clerk That 20
days have elapsed 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 owner's Certificate of Title:'
U7
Board of Appeal
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