64 DEARBORN STREET - ZBA (2) 764 DEARBORN STREET (R-1)
lKEVIN DUBE },
(Citu of ulem, 'Tassad-Jusetts
DECISION OF THE PETITION OF KEVIN DUBE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 64 DEARBORN STREET (R-1)
A hearing on this petition was held October 16, 1996 with the following
Board members present: Nina Cohen, Albert Hill, Richard Dionne, Joseph Ywuc
and Paul Valaskatgis. 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, requests a Variance to add a dormer to a non-conforming
structure for the property located at 64 Dearborn Street (R-1) .
The Variance which has been requested may be granted upon a finding of 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 land, 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 petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Petitioner sought to build an expanded second floor along the rear
elevation of the house, raising the roof on an existing single-story
porch to meet the higher roof line on the main structure and adding
two dormers. The proposed changes would not alter the footprint
of the house.
2. Sarah Hayes, Councillor for Ward 6, appeared in favor and added that
the petitioner had already made improvements to the property.
3. Joseph Correnti, of 55 Dearborn Street, appeared and spoke in favor for
the proposed change.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION OF THE PETITION OF KEVIN DUBE 3EQUESTIN'G A
VARIANCE FOR THE PROPERTY LOCATED AT 64 DEARBORN STREET (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 voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Exterior finishes of the new construction shall be in harmony with
the exterior structure.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain a building permit prior to beginning any
construction.
7. Elevation to stay the same.
8. Footprint will not change.
Variance Granted n
October 16,1996
Nina Cohen, 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 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 Ebat 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-iri th& South
Essex Registry of Deeds and indexed under the name of the owner ofrecord
or is recorded and noted on the owner's Certificate of Title,.
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Board vi
Board of Appeal —
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