64 DEARBORN STREET - ZBA 64 DEARBORN STREET
LAORA PAGE SHAPLAND
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SEPTEMBER 16,1998 AT 8:30 P.M.,
ONE'SALEM GREEN,Znd Floor.
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CITY Of s,ALCM. MASS
CICRK'S OFFICE
DECISION OF THE PETITION OF LAURA SHAPLAND REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 64 DEARBORN STREET R-1
A hearing on this petition was held September 16, 1998 with the following
Board members present: Nina Cohen, Ronald Harrison, Richard Dionne,
Michael Ward and Stephen Buczko. 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 is requesting a Variance from side setback to construct an
addition for the property located at 64 Dearborn Street located in a
R-1 zone.
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. The petition was presented by Laura Shapland.
2. Petitioner sought a variance for side setback requirements to enable her
to renovate the above-captioned property by adding a single story
addition in an existing nonconforming two story building. The addition
would extend the overall length of the dwelling by 14 feet and would be
6 feet from the property line for the entire length.
3. Petitioner offered a petition signed by 12 neighbors in support of the
proposed renovation. One neighbor, Sandra Cahill, 40 Felt Street, spoke
in support of the petition.
4. There were no opposition to the petition.
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.
DECISION OF THE PETITION OF LAURA SHAPLAND REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 64 DEARBORN STREET R-1
page two
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.
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 the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. The petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmonv with the
existing structure.
6 . A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board of Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Granted
September 16, 1996 l( &-yZP�- n`\z2v Cse JJJ
Nina Cohen, 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
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