12 CLARK AVENUE - ZBA J - - - - -
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dun." ,( CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
FAX 978-740-9846 pp NOVIMBERLEY DRISCOLL 200 O -3 P 2: 35
MAYOR
CITY LL i�
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November 3, 2010 L
Decision
City of Salem Zoning Board of Appeals
Petition of JOAO P. REBELO, seeking a Variance from maximum driveway width
(Sec. 5.1.5 (6) of the Salem Zoning Ordinance) to'allow construction of an additional
driveway on the property located at 12 CLARK AVE., Salem,MA(Residential One-
Family Zone).
A public hearing on the above Petition was opened on October 20, 2010, pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on October 20, 2010 with the following
Zoning Board of Appeals members present: Robin Stein, Richard Dionne,Annie Harris,
Beth Debski, Becky Curran,Bonnie Belair(alternate), and Jimmy Tsitsinos (alternate).
Petitioner seeks a Variance pursuant to Section 5.1.5 (6) of the City of Salem Zoning
Ordinances.
Statements of fact:
1. The petitioner and owner of 12 Clark Avenue,Joao Rebelo, represented himself at
the hearing.
2. In a petition dated September 15, 2010, petitioner requested a Variance from Section
5.1.5 of the Zoning Ordinance for relief from mavmum driveway width, in order to
construct a second driveway on his property.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
1. Desirable relief maybe granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance.
2. The applicant mayvary the terms of the Residential One-Family Zoning
District to allow for the construction of the second driveway as proposed.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
2
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Variance from maximum width of driveways is granted to allow for the
construction of a second driveway on the property located at 12 Clark
Avenue, as shown on the submitted plans.
In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Stein,
Curran, Debski, Dionne and Harris) and none (0) opposed, to grant petitioner's requests for
a Variance subject to the following terms, conditions, and safeguards:
1. Petitioner is to obtain approval from any City Board or Comrnission having
jurisdiction including, but not limited to the Planning Board.
T4 V
Robin Stem, Chair
Salem Board of Appeals
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 of filing of this decision in the
office of the City Clerk. Pursuant to the 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 has been filed with the Essex South Registry
of Deeds.