6 DEARBORN LANE - ZBA 6 DEARBORN LANE - --
- - -- — - SANDEL PAPALARDO
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CITY OF SALEM
BOARD OF APPEAL
745.9595 EXT.381
Will"hold a public hearing for all
persons interested in the petition sub-
mitted:by Samuel Papalardo, Jr.
requesting a Variance from side set-
backs to construct an addition for the
property located at 6 Dearborn Lane
R-1. Said hearing to be held Wednes-
day,April 19.2000 at 6:30 P.M.,One
Salem Green,2nd Floor.
Nina Cohen,
Chairman
(4/5,12)
Citp of 6alem, 41amgarbuzetto
• Jgoarb of appeal
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DECISION ON THE PETITION OF SAMUEL PAPALARDO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 6 DEARBORN LANE R-2 J
A hearing on this petition was held on April 19, 2000, with the following Board Membero
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 setback to 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.
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DECISION OF THE PETITION OF SAMUEL PAPALARDO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 6 DEARBORN CANE 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 a�
April 19, 2000
Stephen arris, 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
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