10 FREEMAN ROAD - BUILDING INSPECTION IQ FREEMAN,ROAD _
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BOARDOF ASSESSORS
93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970 (617)745-9595 Ext.261
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Director of Public Property
William H. Monroe
April 26, 1988
Mr. & Mrs. Steve Pinto
8 Freeman Road
Salem,MA 01970
RE: Permit 111225 for '10-Freeman Rd. , Sa1.em,MA.
Dear Mrs. Pinto,
In answer to your letter dated April 19, 1988, requesting
an extension for your Permit 111225 we are granting you a Ninety
(90) day extension on your permit from May 2, 1988 to August 2,
1988.
Sincerely,
James D. Santo
Assistant Building Inspector
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Bomb of -Appeal
DECISION ON THE PETIT ION_OF NANCY AND STEVE PINTO FOR -
VARIANCE AT ',10 FREEMAN ROAD t( R-1 )
A hearing on this petition was held February 19 , 1992 with
the following Board Members present : RichardBencal , Chairman;
Richard Febonio , Edward Luzinski , Francis X Grealish and
Stephen Touchette . 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.
Petitioners , owners of the property, are requesting
variance from side setback to allow a previously
constructed deck in this R-1 district .
The Variance which has been requested may be granted upon a
finding by 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 lands ,
buildings and structures involved.
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 derogating from the intent of the district or
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 abutter most affected by this deck spoke in favor of the
request.
2. The placement of the deck follows approximately the same
line as the present dwelling.
3 . Placement of the deck in any other location would also
require variances and would encroach further into setback
requirements .
DECISION ON THE PETITION OF NANCY AND STEVE PINTO
FOR A VARIANCE AT 10 FREEMAN ROAD , SALEM
page two
4 . The deck allows the petitioner a fuller use of the
property without derogating from the intent of the
ordinance .
5 . The shape of the lot and side line causes a hardship to
the petitioner . If the side line were to be straight
instead of at an agnel then petitioner would not need to
seek relief from this Board.
On the basis of the above findings of fact , and on the
evidence presented at the hearing, the 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 unanimously,
5-0 , 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 requirements of the City of Salem Fire Prevention
Bureau relative to smoke and fire safety shall be strictly
adhered to .
3 . All contruction shall be done as per the plans and
dimensions submitted and by legal building permit.
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DECISION ON THE PETITION OF NANCY AND STEVE PINTO
FOR VARIANCES AT 10 FREEMAN ROAD , SALEM
page three
VARIANCE GRANTED
February 19 , 1992
Richard A. Bencal
Chairman
A COPY OFTHISDECISION 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 .
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