23 GOODELL STREET - BUILDING INSPECTION 23 GOODELL STREET
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DECISION ON THE PETITION OF PAGE & DEBRA DAY REQUESTING A VARIANCE o>
FOR THE PROPERTY LOCATED AT 23 GOODELL STREET R-2 Z rn
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A hearing on this petition was held on March 17, 1999, with the following Boards, rn T
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Ib*hael n
Ward and Paul Valaskagis. Notice of the hearing was sent to abutters and other and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner requests a Variance for subdivision, Lot 1, Variance on lot area, width,
and front and side setbacks, Lot 2, Variance on lot area, lot width and rear setbacks, for
the property located at 23 Goodell Street r-2.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner
c. Desirable relief maybe 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 petitioners, Page T. and Debra Day are owners of the property located at 23
Goodell Street. Attomey George Atkins, of 59 presented the petition
Federal Street, Salem.
2. The petitioner seeks variances from dimensional regulations for Lot area and lot
width for proposed Lots 1 and 2, existing front and side yards for existing dwelling
On Lot 1, and rear yard for the proposed dwelling on Lot 2, in order to allow for
Subdivision of the existing lot on the comer of Goodell and Highland Streets into
Two lots consisting of the existing single family dwelling on Goodell Street (Lot 1)
And a proposed single family dwelling on Highland Street (Lot 2).
DECISION ON THE PETITION OF PAGE AND DEBRA DAY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 23 GOODELL STREET R-:Zg r-
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3. The subject property is located in an R-2 District. ' m
4. The existing lot is 10,207 square feet and is larger than existing lots in the ares rn
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5. The Page's presented a petition in support of the requested variances which waat
signed by 14 friends and neighbors.
6. City Councillor Sally Hayes spoke in favor of the requested variances and stated that
she was not aware of any opposition. Ms. Hayes did request that any approval be
conditioned to allow only a single family dwelling on Lot 2.
7. Mr. Richard Bencal of 19 Goodell Street expressed concern regarding an under
ground brook, which runs through the subject property and stated that there is a
ground water problem in the area. Mr. Bencal was also concemed with the lot sizes,
which would result from subdivision of the existing lot. Mr. Bencal strongly opposed
the granting of the requested variances.
8. The petitioners agreed to address drainage issued with the City Engineer.
9. The minimum lot area required in an R-2 Zoning District is 15,000 square feet. The
requested variances would result in one 5,202 square foot lot and one 5,005 square
foot lot.
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 do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship to the petitioner.
Therefore, the Zoning Board of Appeal voted 1 in favor, and 4 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED )
March 17, 1999
Stephen Buczko
Member, Board of Appeal
DECISION ON THE PETITION OF PAGE AND DEBRA DAY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 23 GOODELL STREET R-2
page three
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
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DECISION ON THE PETITION OF PAGE & DEBRA DAY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 23 GOODELL STREET (R-2)
A hearing on this petition was held May 20, 1998 with the following
Board Members were present: Nina Cohen, Michael hard, Ronald
Harrison, Paul Valaskagis 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.
At the request of the petitioner's Attorney, George Aktins, the Salem
Board of Appeal voted 5-0, to grant leave to withdraw this petition
without prejudice for a Variance for subdivision, Lot 1, Variance on
lot area and width, front 5 side setbacks. Lot 2, Variances on lot
area, lot width and rear setbacks for the property located at 23
Goodell Street.
i,RANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
^'ay 20 , 1998
Nina Cohen
Board of Appeal
=. 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 Massachusetts General Laws Chapter 40A, and shall be filed
»:thin 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
' t 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