21 BRIDGE STREET - ZBA (2) I
21 Bridge St• B-4
Mary Burke
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iILE}� � CITY CLERK. Sd' E W. 4AS S.
CITY CLERK,SAIEM, MASS,
DECISION ON THE PETITION OF MARY J . & NANCY M.B. BURKE
FOR VARIANCES FOR 21 BRIDGE ST. (B-4)
A hearing on this petition was held January 13, 1988 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Associate Member Dore. 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.
The petitioners are requesting Variances from density, setbacks, use and
parking to allow construction of a single family home in this B-4 district.
The Variances which have 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 and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve 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 purposes 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 . Petitioner's prior home was located in the same general area and
was taken by the State by eminent domain;
2. City Planner and the State Relocation Director are recorded in favor;
3. There was no opposition;
4. Building which stood at this address was recently destroyed
by arson;
5• New house will enhance the area and add to the tax rolls;
6. Proposed single family dwelling will have the least impact on
the area,if the property cannot be used for requested use, it will
have no value;
7. New dwelling will be placed on the existing footprint.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
DECISION ON THE PETITION OF MARY J . & NANCY M.B. BURKE FOR
VARIANCES FOR 21 BRIDGE STREET, SALEM
page two
1 . Special conditions and circumstances exist which especially affect the
subject property but not the district generally;
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship;
3. Desirable relief may be granted without substantial detriment and without
nullifying or substantially derogating from the intent of the district
of the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1 . Construction be done as per plans submitted;
2. All requirements of the Salem Fire Department be adhered to;
3. Construction conform to the Mass. State Building Code;
4. A building permit be obtained prior to construction;
5. A Certificate of Occupancy be obtained.
VARIANCES GRANTED
JJames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
f,i'PEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE CEHERAL I-M." CHAPTER 808. AND SHALL BE FILED 'NITHiN 20 DAYS AFIER THE DA`E OF FILI"',
:;F THIS DECISIGN IN THE OFFICE OF THE CITY CLERK
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BOARD OF APPEAL
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
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GERARD KAVANAUGH ONE SALEM GREEN
CITY PLANNER 01970
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January 11 , 1988
Board of Appeals -
One Salem Green
Salem, MA 01970
Dear Members of the Board:
I am writing to you with regard to the petition of Mrs . Mary Burke
for variances at 21 Bridge Street.
The petitioner previously lived at 31 March Street, and her home was
taken by the State Department of Public Works to allow for the
construction of the Bridge Street By—Pass. The State was in the process
of relocating Mrs. Burke to 21 Bridge Street when a fire caused the
destruction of the Bridge Street house.Mrs. Burke would like to rebuild
a new home on the existing foundation.
In light of her recent tragedy, and the circumstances involved, I
would recommend the approval of her petition.
Thank you for your cooperation in this matter.
Sin¢ rely,
Gerard./Kavanaugh
Cit,y Rlanner
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J12/J1166