92 COLUMBUS AVENUE - ZBA 92 Columbus Ave. R-1 '
William & Sallie Cass
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11
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CN of Salem, 'fussadlusetts
3 �Boara of u}renl
Qy
February 15, 1994
YOU ARE HEREBY NOTIFIED THAT AS OF FEBRUARY 08, 1994 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF WILLIAM & SALLIE CASS FOR A VARIANCES TO ALLOW
TO ALLOW A TEMPORARY BOAT SHELTER AT 92 COLUMBUS AVE. SAID VARIANCE
WILL EXPIRE ON MAY 1, 1994.
BOARD OF APPEAL
BRENDA M. SUMRALL
CLERK OF THE BOARD
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
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/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 elapsed 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's Certificate of
title.
Board of Appeal
of Salem, 'T- assadjusetts
nura of peal
Q � �p
FEB Q 3 to Ph '94
CITY 3 at, t_,.,. !,4:1SS
CIER ;'S Ce
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS
FOR A VARIANCE AT 92 COLUMBUS AVENUE (R-1)
A hearing on this petition was held January 19, 1994 with the following
Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert
Hill, Stephen Touchette and Stephen O'Grady. 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.
Petitioner, owner of the property, is requesting a Variances to allow a
temporary boat shelter in this R-1 district.
The Variance which has 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 structure involved and which are not generally affecting
other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition.
2. Removal of the shelter would expose the unfinished boat to the
elements.
3. One abutter spoke in favor of the petition.
4. Petitioner has been unable to complete the boat as originally scheduled
due to financial constraints and it becoming a larger project that
originally estimated.
5. There have been no complaints received regarding this shelter.
DECISION ON THE PETITION OF WILLIA24 AND SALLIE CASS FOR
VARIANCE AT 92 COLUMBUS AVENUE, SALEM
page two
Fra 3 is
On the basis of the above findings of fact, and on the @lv.-i'dence. p,resented
N 'r
at the hearing, 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 Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. The temporary boat shelter is to remain as per the original plans.
2. A building permit is to be maintained.
3. This variance shall expire on May 1, 1996
Variance Granted
January 19, 19941
Stephen C. Touchette, V. Chairman
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 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 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 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's Certificate of Title.
Board of Appeal
of Salem, 'Massadlueetts
�Rvara of Av}zeic!
FEB 8 3 Ph
CITY o� S1._k:', 'SS
CLE R'.' vl1C
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS
FOR A VARIANCE AT 92 COLUMBUS AVENUE (R-1)
A hearing on this petition was held January 19, 1994 with the following
Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert
Hill, Stephen Touchette and Stephen O'Grady. 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.
Petitioner, owner of the property, is requesting a Variances to allow a
temporary boat shelter in this R-1 district.
The Variance which has 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 structure involved and which are not generally affecting
other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition.
2. Removal of the shelter would expose the unfinished boat to the
elements.
3. One abutter spoke in favor of the petition.
4. Petitioner has been unable to complete the boat as originally scheduled
due to financial constraints and it becoming a larger project that
originally estimated.
5. There have been no complaints received regarding this shelter.
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS FOR
VARIANCE AT 92 COLUMBUS AVENUE, SALEM
page two
FEa 3 ao
On the basis of the above findings of fact, and on the @V 'dence. presented
at the hearing, the Board of Appeal concludes as follows:!
I. Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. The temporary boat shelter is to remain as per the original plans.
2. A building permit is to be maintained.
3. This variance shall expire on May 1, 1996
Variance Granted
January 19, 1994
- �-/? /
Stephen C. Touchette, V. Chairman
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 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 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 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' s Certificate of Title.
Board of Appeal
of �$ttlem, 'Tassadjusetts
3 �
4 1Buttrd of Apeal
FEB 9 3 io P1h '9q
Crrr 3F : , k-r ss
CLERKS-c -I c
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS
FOR A VARIANCE AT 92 COLUMBUS AVENUE (R-1)
A hearing on this petition was held January 19, 1994 with the following
Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert
Hill, Stephen Touchette and Stephen O'Grady. 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.
Petitioner, owner of the property, is requesting a Variances to allow a
temporary boat shelter in this R-1 district.
The Variance which has 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 structure involved and which are not generally affecting
other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition.
2. Removal of the shelter would expose the unfinished boat to the
elements.
3. One abutter spoke in favor of the petition.
4. Petitioner has been unable to complete the boat as originally scheduled
due to financial constraints and it becoming a larger project that
originally estimated.
5. There have been no complaints received regarding this shelter.
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS FOR
VARIANCE AT 92 COLUMBUS AVENUE, SALEM
page two
FE3 3 is ri7 ' a
On the basis of the above findings of fact, and on the reui'dence..p.resented
at the hearing, 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 Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1 . The temporary boat shelter is to remain as per the original plans.
2. A building permit is to be maintained.
3. This variance shall expire on May 1, 1996
Variance Granted
January 19, 1994
Stephen C. Touchette, V. Chairman
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 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 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 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's Certificate of Title.
Board of Appeal
of Salem, 'Tttssadjusetts
x
�Roxra of �u{rettl
FEB 0 3 io Pill '94
CITY DF SS
CLERpl ICE
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS
FOR A VARIANCE AT 92 COLUMBUS AVENUE (R-1)
A hearing on this petition was held January 19, 1994 with the following
Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert
Hill, Stephen Touchette and Stephen O'Grady. 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.
Petitioner, owner of the property, is requesting a Variances to allow a
temporary boat shelter in this R-1 district.
The Variance which has 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 structure involved and which are not generally affecting
other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition.
2. Removal of the shelter would expose the unfinished boat to the
elements.
3. One abutter spoke in favor of the petition.
4. Petitioner has been unable to complete the boat as originally scheduled
due to financial constraints and it becoming a larger project that
originally estimated.
5. There have been no complaints received regarding this shelter.
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS FOR
VARIANCE AT 92 COLUMBUS AVENUE, SALEM
page two
FE3 3 jo F '
On the basis of the above findings of fact, and on the Ceui!dence presented
at the hearing, 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 Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. The temporary boat shelter is to remain as per the original plans.
2. A building permit is to be maintained.
3. This variance shall expire on May 1, 1996
Variance Granted
January 19, 1994
-v � �
Stephen C. Touchette, V. Chairman
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 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 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 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's Certificate of Title.
Board of Appeal
ofttlem, � ttssttcljusetts
113nara of
peal
FEB 0 3 to Pr '9q
CfTy JFSS
CLERt:'S GFFIC
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS
FOR A VARIANCE AT 92 COLUMBUS AVENUE (R-1)
A hearing on this petition was held January 19, 1994 with the following
Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert
Hill, Stephen Touchette and Stephen O'Grady. 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.
Petitioner, owner of the property, is requesting a Variances to allow a
temporary boat shelter in this R-1 district.
The Variance which has 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 structure involved and which are not generally affecting
other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition.
2. Removal of the shelter would expose the unfinished boat to the
elements.
3. One abutter spoke in favor of the petition.
4. Petitioner has been unable to complete the boat as originally scheduled
due to financial constraints and it becoming a larger project that
originally estimated.
5. There have been no complaints received regarding this shelter.
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS FOR
VARIANCE AT 92 COLUMBUS AVENUE, SALEM
page two
FEB J' 3 ,o Yti 'ca
On the basis of the above findings of fact, and on the re'vi'dence. p.rese�nted
at the hearing, the Board of Appeal concludes as follows: ' '3
1 . Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. The temporary boat shelter is to remain as per the original plans.
2. A building permit is to be maintained.
3. This variance shall expire on May 1, 1996
Variance Granted
January 19, 1994
Stephen C. Touchette, V. Chairman
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 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 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 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's Certificate of Title.
Board of Appeal
Ctv of Salem, '-ussadjusetts
aQ ' �Qnttra of (Aupeal
FEB Q 3 to FP '94
CITY OF jr,SS
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS
FOR A VARIANCE AT 92 COLUMBUS AVENUE (R-1)
A hearing on this petition was held January 19, 1994 with the following
Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert
Hill, Stephen Touchette and Stephen O'Grady. 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.
Petitioner, owner of the property, is requesting a Variances to allow a
temporary boat shelter in this R-1 district.
The Variance which has 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 structure involved and which are not generally affecting
other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
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
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition.
2. Removal of the shelter would expose the unfinished boat to the
elements.
3. One abutter spoke in favor of the petition.
4. Petitioner has been unable to complete the boat as originally scheduled
due to financial constraints and it becoming a larger project that
originally estimated.
5. There have been no complaints received regarding this shelter.
DECISION ON THE PETITION OF WILLIAM AND SALLIE CASS FOR
VARIANCE AT 92 COLUMBUS AVENUE, SALEM
page two
FEB 3jofiti ' �
On the basis of the above findings of fact, and on the CeVidence presented
at the hearing, the Board of Appeal concludes as follows:(' ''-0
1. Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the
public good and without nullifving or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. The temporary boat shelter is to remain as per the original plans.
2. A building permit is to be maintained.
3. This variance shall expire on May 1, 1996
Variance Granted
January 19, 1994
. , L" /���
Stephen C. Touchette, V. Chairman
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 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 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 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's Certificate of Title.
Board of Appeal
E -
ATE OF i:n..R�NG
PETITIONER
LOCATION / o<
10TION: TO GRANT SECOND /
TO DENY ✓ SECOND Il
'10 RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
"0 CONTINUE SECOND
POLL CALL PRESENT GRANT
DENY WITHDRAW RE-HEAR CONTINUE
STEPHEN O'GRADY_ !/
CGEORGE A. AHMED
ANCIS G ALISH /
L ZINSKI !/
STEPHEN TCUCIIETTE /
ASSOCIATE 'MEMBERS
R
E
CONDITIONS:� ����
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
of *tient, Attssttr4us>effs
TO THE BOARD OF APPEALS:
'he Undersi ned represent that he is are the owners of a certain parcel of land located
;t NO. . . .`� . �—o.L!t s. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. .e-!
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 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.
-1
fd
SCD
m� �
n
TSA
48D I,.LL)1
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:
Owner. !!i!���l r/ f. LtJ' r a!�
U ,v !
Address. .��. %yrrl�?ls, � Sn'c.=rig?•
Telephone. 7 .76y��.7;367/,. . . . . .
P e t i ti oner.l�.l`l*e.�j. ... .. . . . l!/�/
Address. Z IiQ�G�!y!!9?f�.A .'.y• 7. . !ow
Date. . . . . . . . . . Telephone.7y : Ql�j7.1.62- ss�
!/
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.
ofttlem, Cttssttcljusetts
- -goara of Az
peal
DECISION ON THE REQUEST FOR AN EXTENSION OF VARIANCES GRANTED TO 92
COLUMBUS AVENUE (R-1)
At a hearing held June 16, 1993, the Board of Appeal voted unanimously,
5-0, to allow a six (6) month extension for Variances granted allowing a
temporary boat shelter to remain in this R-1 zone. Said extension shall be
up to and including January 25, 1994.
Stephe�y, Member v
Board of Appeal
(Gita of tticm, � ttsstt�ltusetts
Boarb of _Au 8gi1 3 z 19 Pil �9
-
CITY :.SS
DECISION ON THE PETITIGN OF WILLIAM & SALLIE CASS FOR A
VARIANCE AT 92 COLUMBUS AVE. (R-1 )
A hearing on this petition was held June 26, 1991 with the following Board Members
Present: Richard Bencal, Chairman, Richard Febonio, Edward Luzinski, Mary Jane
Stirgwolt and Associate Member Ronald Plante. 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.
Petitioner, owner of the property, is requesting a Variance to allow a temporary
boat shelter in this R-1 district.
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 affect 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, and after
viewing the plans, makes the following findings of fact:
1 . The Ward Councillor spoke in favor.
2. There was strong neighborhood support.
3. A variance was originally granted allowing this temporary boat shelter in
1987 and was extended for six months.
4. Petitioner was unable to complete construction of his boat in the time alloted
by the original variances due to financial constraints.
5. There have been no complaints received by the Building Inspector or the
Ward Councillor regarding this boat shelter.
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 exist which especially affect the subject property but not
the district in general.
2. Literal enforcement of the Ordinance would involve substantial hardship to
the petitioner.
DECISION ON THE PETITION OF WILLIAM & SALLIE CASS FOR A
VARIANCE AT 92 COLUMBUS AVE. , SALEM
page two
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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance
requested, subject to the following conditions:
1 . Temporary boat shelter is to be built as per the plans submitted.
2. A building permit is to be maintained.
3. This Variance will expire on July 25, 1993.
4. All requirements of the Salem Fire Dept. relative to smoke and fire safety
are to be strictly adhered to.
Variance Granted
June 26, 1991
'�L"6&A W,72� 6�w-)
R Wald G. Plante, Associate Member
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 Mass.General Laws, Chapter 808. and shall be filed within 20 days
y-:pier r;08, Section 11,the Variance
rn after the date-Of filing Of this decis;on in the office of the City Clerof the
?r' Pursuant to Mass. General Laws'
C.
=',� or 'lpecial Permit f;ranted herein sn^ll not take effect until a copy
u—
decision. bearing the certification or tna City C,fs chaappealt 10 ahisys nbeen
elapsed and no appeal has been filed. or that,
filed,that it has been dismissetl or denied is recorded in o the South �eK
(N' _
Registry of Deeds and indexed under the name er the owner of record W
the owner's Certificate of Title.
is recorded and noted On
r.n' —_ — BOARD OF APPEAL
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F
ITY OF SALEMBOARD OF APPEAL
745-9595 Ext. 381
a public hearing for all persons inter-
e petition submitted by WILLIAM &
SS for Variance to allow temporary
r to remain for an additional period
92 COLUMBUS AVENUE (R-2). Said
e held WEDNESDAY,JANUARY 19,
1994 AT 6;00 P.M.,ONE SALEM GREEN,second
Floor.
FRANCIS X. GREALISH, JR., Chairman
January 5, 12, 1994 SN37340 t
CITY OF SALEM
BOARD OF APPEAL
=745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by WILLIAM &
SALLY CASS for Variance to allow temporary
boat shelter to remain for an additional period
of time at 92COLUMBUSAVENUE (R-2). Said
hearing to be held WEDNESDAY,JANUARY 19,
1994 AT 6;00 P.M.,ONE SALEM GREEN,second
floor.
„ FRANCIS X. GREALISH, JR., Chairman
January 5, 12, 1994 SN37340
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
of "Sttlem, 'fflttssarlfusetts
�Buttrb of Aypeal
TO THE BOARD OF APPEALS:
-he Undersi ned reppresent that he is are the owners of a certain parcel of land located
IT NO. . . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. .e-!
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 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.
n
c^
r
O r.,
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m�
� cn
� c.s
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:
Owner. �✓. . . . . . .
. . . w
S ..
. . � �
Telephone. /7� .76y���7;36. . . . ..... .
Petitioner�!� AX?.� .46. ��
p
Add ress. Z
Date. . ///?�4?bi. . . . . . . . . Telephone.7 �D./4-67 . .
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.
NO.... .......... ....................
PET]IION TO BOARD 01' APPEALS
LOCATION
.......................................I--....................
PEI II IONS,R..........................................
ADDRESS_.................... _.. ...................
................................................
CONDII IONS
............................ ...........................I........
........................ .......................................
......................................................
.................................................................
.................................................................
.................................................................
PETITION APPROVED.................... ❑
DENIED......................... O
...................................................1 19.........
I
a
(I�ity of �oara of 'Appeal
DECISION ON THE REQUEST FOR AN EXTENSION OF VARIANCES GRANTED TO 92
COLUMBUS AVENUE (R-1)
At a hearing held June 16, 1993, the Board of Appeal voted unanimously,
5-0, to allow a six (6) month extension for Variances granted allowing a
temporary boat shelter to remain in this R-1 zone. Said extension shall be
up to and including January 25, 1994.
Stephe�y, Member
Board of Appeal
99 �
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