6 DEARBORN LANE - ZBA (2) 6 DEARBIRB LANE
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} Legal Notice
CITY OF SALEM -
BOARD OF APPEAL
745-9595 Eat.361
Will hold a public hearing for all
persons interested in the petition sub-
mitted by SAMUEL PAPALARDO
requesting a Variance from side set-
back to construct an addition for
property located at 6 DEARBORN
LANE R-2.Said hearing to be held
WEDNESDAY, AUGUST 21,2002
AT 6:30 P.M., 120 WASHINGTON
STREET,3RD FLOOR,ROOM 313.
Nina Cohen
Chairman
(6/7,14)
e:
�oxar� CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOORrLtI-K
aA SALEM, MA 01970
TEL. (978) 745-9595
980�'`IMefAN FAX (978) 740-9846 r'�
STANLEY J. USOVICZ, JR. %1, � },`„''J L'^1 t'”-
MAYOR
DECISION OF THE PETITION OF SAMUEL PAPALARDO JR. REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 6 DEARBORN LANE R1
A hearing on this petition was held August 21, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau, Richard Dionne, Bonnie Belair and Stephen
Harris. 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 petitioner is requesting a Variance from side setback to construct an addition for the
property located at 6 Dearborn Lane R-1
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 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.The petitioner appeared and represented himself at the hearing
2. Plans were submitted showing the proposed addition to be constructed.
3. A petition was submitted with 4 abutters in favor or the petition.
4. There was no opposition to the plans.
DECISION OF THE PETITION OF SAMUEL PAPALARDO JR. REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 6 DEARBORN LANE R-1
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning 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 5-0 to grant the Variances 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 and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy shall be obtained.
VARIANCE GRANTED
August 21, 2002 /
i hard Dionne CSC
Board of Appeal
CIO
c
DECISION OF THE PETITION OF SAMUEL PAPALARDO JR. REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 6 DEARBORN LANE R1
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 day
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
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
Cite of Salem, fda$$arbuoettz
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P
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DECISION ON THE PETITION OF SAMUEL PAPALARDO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 6 DEARBORN LANE R-2
A hearing on this petition was held on April 19, 2000, with the following Board Members
present: Richard Harrison, Stephen Buczko, Stephen Harris, and Richard Dionne. o
Notice of the hearing was sent to abutters and other and notices of the hearing were
properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
The petitioner requesting Variance from side setbackto add an addition to the side of
the existing.building located at 6 Dearborn Lane.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting 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 at the
hearing and after viewing the plans, makes the following findings of fact:
1. The petitioner was opposed by Ms. DeVoe,who resides at 10 Dearborn Lane. Ms.
DeVoe sent a letter stating her objections.
2. Mr. Emanuel Gerontis who resides at 2 Dearborn Lane is a direct abutter and he
also had several objections. Mr. Gerontis 's objections were that the addition would
be less than six feet form his property line and the loss of privacy could possibly
lower his property value.
3. Pat Donahue who resides at 8 Dearborn Lane also voiced her objections.
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 do not exist which especially affect the subject property and not
the district in general.
1
Y
1
DECISION OF THE PETITION OF SAMUEL PAPALARDO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 6 DEARBORN LANE R-1
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 1 in favor and 4 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
April 19, 2000 tZ C6-CA
Stephen anis, 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 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 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 passed 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 owners Certificate of Title.
Board of Appeal
0
71
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We are again applying for a City variance to enlarge one room which now measures 8
feet x 15 feet to measure 15 feet x 15 feet. This would be a one-story, 7 foot x 15
foot addition at the end of our driveway,behind our garage. This would barely be
visible from the street.
Would you please sign here, if you would have no objection to this small addition of a'/z
room.
Thank you.
Vicki and Lennie Papalardo
6 Dearborn Lane
a
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TO THE MEMBERS OF THE BOARD OF APPEALS.
I SAMUEL L PAPALARDO OF 6 DEARBORN LANE VISITED
MRS BARBARA BOWMAN OF 8 DEARBORN LANE ON APRIL
6,2002 AND SHOWED HER A PLOT PLAN AND PLANS REGARDING
MY NEW ADDITION. I EXPLAINED TO HER WHY I HAD TO HAVE A
SPECIAL PERMIT DUE TO THE SIDELINE REQUIREMENTS. SHE TOLD ME
SHE HAS NO OBJECTION OF MY ADDING ON TO MY EXISTING ROOM.
MRS BOWMAN COULD NOT MAKE THIS MEETING, SHE HAS A BUSINESS
ON THE CAPE AND SPENDS THE SUMMER DOWN THERE.
SAMU LENNIE PAPALARDO
To the Salem Board of Appeals
From David & Anne DeVoe August 20'h, 2002
10 Dearborn Lane
Salem, MA 01970
Reference: Public Hearing Wednesday August 21St, 2002 6:30 P.M., 130
Washington Street, Salem, MA, involving a request for a variance from side
set-back to construct an addition for property located at 6 Dearborn Lane.
We are writing this letter in support of the above variance.
Mrs. Papalardo has graciously shown and explained to us the extent of the
work, and we believe that the work will definitely enhance the living space
and the property. We would like to go on record as being in support of the
petition.
S' erely,
�e� Y rem
David H. DeVoe, Anne DeVoe