13 BEACH AVENUE - ZBA ur +r
13 BEACH AVENUE
I
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL CITY OF SAL N. MA
120 WASHINGTON STREET, 3RD FLOOR �l•ER' 'S ® ICE ��
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. 2004 JUL 2b P I-' 42
MAYOR
DECISION OF THE PETITION OF DAVID BOWMAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 BEACH AVENUE R-1
A hearing of this petition was held on July 14, 2004 with the following Board Members
present: Nina Cohen, Chairman, Bonnie Belair, Stephen Harris, Joseph Barbeau and
Edward Moriarty.Notice of this 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.
The petition is requesting a Variance from side yard setback for the construction of stairs
for the property located at 13 Beach Avenue in an R-1 zone.
The Variance which has been requested may be granted upon a finding of the 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 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 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. Mr. Bowman contends that the stairs did exist in this location prior to the 1940's,
and that he has constructed these stairs without the proper permits, and that two
diverse means of egress do exist without these stairs.
2. Mr. Arthur Michaud, of 11 Beach Ave, a direct abutter, states that this structure is
too close, and therefore encroaches on his property, and thus affects his quality of
life. He further states that he has checked and any construction within 100' of the
shoreline require permitting from the State, and that the Conservation
Commission allow for stairs to be constructed provided that they do not touch the
mud flats. He further feels that a better choice for the location exists on the rear
of the house negating the need for this Variance.
3. Ms. Lauire Albert claims that a previous staircase existed on the rear of this
house.
ray
DECISION OF THE PETITION OF DAVID BOWMAN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 13 BEACH AVENUE R-1
page two
4. Ms. Mary Michaud, of I 1 Beach Ave., a life long resident of this address states
that in the past this house had an open rear porch with stairs located at the center,
a photograph of the rear of this house shows a roof line that suggest
5. The Board finds that there is no credible hardship concerning this petition.
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 result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 0 in favor and 5 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 &_ O�
July 14, 2004 �f/�
oseph Barbeau (SyX,
Board of Appeal
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 of 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 owner Certificate of
Title.
Board of Appeal