28 CLARK STREET - ZBA I
28 Clark St. R-1
Ernest & Phyllis Dearborn
DATE OF HEARING
PETITIONER a f ee�b /
LOCATION V
MOTION: TO GRANT SECOND L/
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT _ DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
JOSEPH CORRENTI_ /
RICHARD' FEBONIO I/
EDWARD LUZINSKI
MARY JANE STIRGWOLT
ASSOCIATE MEMBERS
R
ARTHUR l=ABBEGGUE
TIONS:
ofttlem, � [�ss�ztljusetts
�3nttra of CAuPad
DECISION ON THE PETITION OF ERNEST AND PHYLLIS DEARBORN
FOR A VARIANCE AT 28 CLARK STREET (R-1 )
A hearing on this petition was held September 11 , 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio,
Edward Luzinski, Mary Jane Stirgwolt. 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.
Petitioners, owners of the property are requesting a Variance from side setback
requirements to allow construction of a deck and walkway in this R-1 zone.
The Variance which has been requested may be granted upon a finding by the
Board that:
1 . 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.
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 or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . The property in question is unique and its shape is very irregular.
2. The location of the proposed deck and walkway in any other location would
cause worse encroachments of the setbacks.
3. The proposed deck and walkway will add to the further use and enjoyment
of the property.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner.
3. The relief requested can 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.
DECISION ON THE PETITION OF ERNEST AND PHYLLIS DEARBORN FOR
A VARIANCE AT 28 CLARK STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. A legal building permit shall be obtained.
4. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
5. The maximum width of the proposed walkway shall be four (4) feet.
Variance Granted
September 11 , 1991
ichard A. Sencal, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if arty, shall be made pursuant to Sectfott i7 01
the Mass.General Laws,Chapter 808,and shall be filed within 20 days
after the data of filing of this decision In the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 8os,Section 11,the variance
or 'yecial Permit Granted herein shall not take effect until a copy of the
the certification of the City Clerk that 20 days have
decision, bearing
elapsed and nappeal 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 or the owner of record or
Is recorded and noted on the owner's Certificate of Title,
BOARD OF APPEAR
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\ Poarb of &Appral
kI',.pTT.WT'
September 25, 1991
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE
: r � • CITY CLERK TO GRANT THE PETITION OF ERNEST AND PHYLLIS
DEARBORN FOR A VARIANCE TO ALLOW CONSTRUCTION OF A DECK
AND WALKWAY AT 28 CLARK ST.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision, If any, shall be made pursuant to Section 17 of
the Mass. General Laws,Chapter 808, and shalt be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, section 11, the Variance
or ?13eclal Permit granted herein shall not take effect until a copy of the
decision, Learing the certification of the City Clerk that 20 days have
elapsed and no appeal hnG 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 or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF.APPEAL
;' 4 (1litu ofttlem, CussttchusPtts
�carb of peat
DECISION ON THE PETITION OF ERNEST AND PHYLLIS DEARBORN
FOR A VARIANCE AT 28 CLARK STREET (R-1 )
A hearing on this petition was held September 11 , 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio,
Edward Luzinski, Mary Jane Stirgwolt. 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.
Petitioners, owners of the property; are requesting a Variance from side setback
requirements to allow construction of a deck and walkway in this R-1 zone.
The Variance which has been requested may be granted upon a finding by the
Board that:
1 . 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.
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 or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . The property in question is unique and its shape is very irregular.
2. The location of the proposed deck and walkway in any other location would
cause worse encroachments of the setbacks.
3. The proposed deck and walkway will add to the further use and enjoyment
of the property.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district in general.
2. Literal enforcement of th,: provisions of the Ordinance would involve
substantial hardship to the petitioner.
3. The relief requested can 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.
i
DECISION ON THE PETITION OF ERNEST AND PHYLLIS DEARBORN FOR
A VARIANCE AT 28 CLARK STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. A legal building permit shall be obtained.
4. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
5. The maximum width of the proposed walkway shall be four (4) feet.
Variance Granted
September 11 , 1991
ichard A. Sencal, Chairman
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 01
the Mass.General Laws, Chapter 808,and shall be filed within 20 days
after the date of filing of this decision In the office of the city Clerk.
Pursuant to Mass. General Laws. Chapter 808,Section 11,the Variance
or mpecial 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 it has been dismisseJ or denied is recorded in the South Essex
Registry of Deeds and indexed under the name er the owner of record oe
:n Is recorded and noted on the owner's Certificate of Title.
BOARD Of APPEAL!
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Cta of -'�551em, FUSSUdIUSetts
3 s Board of r+u{renl
1,
DECISION ON THE PETITION OF ERNEST AND PHYLLIS DEARBORN
FOR A VARIANCE AT 28 CLARK STREET (R-1 )
A hearing on this petition was held September 11 , 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio,
Edward Luzinski, Mary Jane Stirgwolt. 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.
Petitioners, owners of the propertyi are requesting a Variance from side setback
requirements to allow construction of a deck and walkway in this R-1 zone.
The Variance which has been requested may be granted upon a finding by the
Board that:
1 . 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.
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 or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . The property in question is unique and its shape is very irregular.
2. The location of the proposed deck and walkway in any other location would
cause worse encroachments of the setbacks.
3. The proposed deck and walkway will add to the further use and enjoyment
of .the property.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner.
3. The relief requested can 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.
r•
DECISION ON THE PETITION OF ERNEST AND PHYLLIS DEARBORN FOR
A VARIANCE AT 28 CLARK STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. A legal building permit shall be obtained.
4. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
5. The maximum width of the proposed walkway shall be four (4) feet.
Variance Granted
September 11 , 1991
—Richard A. Bencal, Chairman
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 At
the Mass.General Laws, Chapter 8o8, and shall be filed within 20 days
after the data of filing of this decision In the office of the city Clerk.
Pursuant to Mass. General Laws, Chapter 808,section 11,the Variance
or 'yecial 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 appcai 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 or the owner of record oe
Is recorded and noted m the owner's Certificate of Tide.
80ARD OF APPEM
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(liity of -"Zittlem, {flassadmaetts
s Pnttrd of �u{ipal
DECISION ON THE PETITION OF ERNEST AND PHYLLIS DEARBORN
FOR A VARIANCE AT 28 CLARK STREET (R-1 )
A hearing on this petition was held September 11 , 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio,
Edward Luzinski, Mary Jane Stirgwolt. 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 4OA.
Petitioners, owners of the property are requesting a Variance from side setback
requirements to allow construction of a deck and walkway in this R-1 zone.
The Variance which has been requested may be granted upon a finding by the
Board that:
1 . 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.
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 or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . The property in question is unique and its shape is very irregular.
2. The location of the proposed deck and walkway in any other location would
cause worse encroachments of the setbacks.
3. The proposed deck and walkway will add to the further use and enjoyment
of the property.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner.
3. The relief requested can 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.
� 1
} DECISION ON THE PETITION OF ERNEST AND PHYLLIS DEARBORN FOR
A VARIANCE AT 28 CLARK STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. A legal building permit shall be obtained.
4. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
5. The maximum width of the proposed walkway shall be four (4) feet.
Variance Granted
September 11 , 1991
ichard A. Sencal, Chairman
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 Ot
the Mass.General Laws. Chapter 808, and shall be filed within 20 days
after the data of filing of this decision In the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808,Section li,the Variance
or ?yecial 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 it has been dismisse0 or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of retard or
v-� :n is recorded and noted an the owner's certificate of Title,
BOARD OF APPFAU
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APPEAL CASE NO. .. . . .. .. .. .. .. .. . . . . . . .
A=
TO THE BOARD Of APPEALS:
T. 10 �� certain parcel of land located
The Undersigned repr s nt hat he is are the owners or a
.� _ _ • , Street; 7onina District. Jr.-
at and aia oarcei is ar . eczed
�� • f by Section�sj . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buile ngs
approve the application fee permit to build as filed, as the enforcement dT sat
Zoning By-Laws and Building Code would involve practical difficulty or un6DcesWy C'
hardship to the Undersigned and relief may be granted without substantial l.,r -dero-
gating from the intent and purpose of the Zoning Ordinance and Building Cobd_' for y
the following reasons:
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Owner.aNes>c
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CD Petitioner. . . �/.,NV• . .• • • • • •• • • • • • • • • • • •
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Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . . . . . . . . . . . . . . . . . . . . . �r . . . . . . .. . . . . . . . . . . . . .
Tele�ohon�e.� � � � ,Q� ,
By:�^n'Tr --moi •-• •af`r. . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. .. . ... .. . ..... . .. . . . ... . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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PREF,.RED UNDER THE C!PECTION
APPEAL CASE NO. .. . . . . . . . . . . . . . . . . . . . . .
(Ilitg iaf Salem, Massarlmsetts
�. jSaar3 of '&} T__
J&CpmiL '..
TO THE BOARD OF APPEALS:
The Undersigned repr s i; hat he is are the owners of a certain parcel of land located
at NO. . . . . . . . . c>2�. • •d . . . . . . . . . . . . • • • . . . . .Street; Zonino District.
and said parcel is affected by Section(s ) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buil$0ingsUt3
approve the application fee permit to build as filed, as the enforcement o s a A
Zoning 8y-Laws and Building Code would involve practical difficulty or unoeces§ary u
hardship to the Undersigned and relief may be granted without substantiall.y�dero�
gating from the intent and purpose of the Zoning Ordinance and Building Cp'ddlfocr T'
m"z �,,, -
the following reasons: ..t
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w n o Owner aV-5-re t�;
j r t',�ylh.� . )A21•>fi, AIAJ
�• Address
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CD C``1 r..)LU U_
o w 0 Tel ephone. 7'Yr--5.-z7.�2. . . . . . . . . . . . . . . . . . .
rr >-
CD Petitioner. . . . . . .. . . . . . . . . . . . . . . .
m
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . . . . . . . . . . . . . . . . . . . . .
Tel�eprohone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
By. , , . .P�ate.. . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . .. . . . . .. .. . . . . . . . ... . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . . .
�LfU oftIIPIIi, 2I55MLhusPS
�. ' Iwmj3 of 'Armpal
TTTO THE BOARD OF APPEALS:
The Undersignearepresent that h s are the owners of a certain parcel of land located
at P10. . . . . . . . . . .�.`d. . . . . . . . . . . . . . . . . . . . . . . . . . . .Street: Zoning District./e-1
. . . . . . . . . . . . . . . . . . . . . . . .
and said parcel is affected by Sectionlsj . . . I — . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons: /� • . —�
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
N c �i
J o �
Owner!.N�S1G •�J/�,G(�l�s. �713G6i�V
� c ) �� Address
Telephone. 7.Ll �. �Z. . . . . . . . . . . . . . . .
0
d " Petitioner. .. . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . . . . �`. . . . . . . . . . . . . . . . . . . . . . . . .
Date. . . . . . . . . . . . . . . . . . . . . . Telephone. . . . .`! . .. . . . . . . . . . . . . . . . . . . . . .
By.? . . .. . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. .. . . . . . ... . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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CIN THE BASIq OF THE ABOVE FINDINGS OF F4�.*T [dN THE
EVIDENCE PRESENTED AT THE HEARINIC.3', THE BOARD OF APPFAL
CONCLUDES AS FOLLOWS-
1SPEC/AL CONDI TIDNS EXIST WHICH Er,PECIALLY AFFECT THE
SnPJECT PROPERTY BUT NOT T|IE �)ISTRICT IN GENERAL;
'7. ENFORCEMENT OF THE PROVISIONS OF THE ZONING;
ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP IT, THE
PETITInNER; �
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3. nESIRABLE RELIEF MAY BE GRANTED WTHPUT SUBSTANTIAL.
� DFTRIMENT TO THE P�BLIC GOOD AND WITHn�T N�LLIFYI�G
OR SUBSTANTIALLY FROM THE ImTFNT OF TME
DISTRICT OR THE PURPOSE OF THE {]RDINANCE.
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