16 CHURCHILL STREET - ZBA 1 16 CHURCHILL STREET
i � - -- -- THOMAS BIIBIER
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ILegal Notice
CITY OF SALEM
BOARD OF APPEAL
Will hold a public hearing for all
persons interested in the petition sub-
mitted, by THOMAS A. BUBIER
requesting a Variance from side set-
back to construct a deck for the proper-
ty located at 16 CHURCHILL
STREET R-1. Said hearing to be held
WEDNESDAY, APRIL 21, 1999 at
6:30 P.M.,ONE SALEM GREEN,2nd
FLOOR.
Nina Cohen,Chairman
(4/7,14)
OF SALE11: MA
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1999 'APR 21 A Ii: 08
DECISION OF THE PETITION OF THOMAS BUBIER REQUESTING A VARIANCE
FROM THE PROPERTY LOCATED AT 16 CHURCHILL STREET R-1
A hearing on this petition was held April 21, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, Stephen Buczko and
Paul Valaskagis. 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 have requested a Variance from side setback to construct a deck for the
property located at 16 Churchill Street R-1.
The Variances which have 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
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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 Thomas Bubier and Andrew Perkins, Trustees for the Phoenix Real Estate Trust,
represented themselves as petitioners.
2. The petitioners requested a Variance from side setback to construct a deck off the
rear of the house. The proposed deck is less than five feet from the side property
line, and zoning requires ten feet in an R-1 district.
3. A plot plan, prepared by Reid Land Surveyors of Lynn, Massachusetts, was
presented.
4. Thomas Bubier presented photographs of the current house.
5. Andrew Perkins explained that the deck would be built over existing cement slab.
SALEM, MA
OFFICE
DECISION OF THE PETITION OF THOMAS BUBIER REQ ESTt (3)A VARIf�
FOR THE PROPERTY LOCATED AT 16 CHURCHILL STR�ET.14-1
page two
6. There was no one at the meeting who spoke either in favor or opposition to the
Variance requested.
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances
requested, subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
4. A building permit is to be obtained.
5. A Certificate of Occupancy is to be issued.
Variance Granted
April 21, 1999
Michael Ward
Board of Appeal, Member
DECISION OF THE PETITION OF THE THOMAS BUBIER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16 CHURCHILL STREET R-1
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
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is :5 =-
recorded in the South Essex Registry of Deeds and indexed under the name offfbe
owner of record or is recorded and noted on the owner's Certificate of Title. c.
Board of Appeal
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