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5 DUNDEE STREET - ZBA 5Dundee St. R-2 David & Jean Lapham TELEPHONES (508)5311710 (617)28&3656 FAX (508)5314895 JOHN M. CREAN PEARL, Mc NIFF, CREAN, COOK 8 SHEEHAN ATTORNEYS AT LAW 30 MAIN STREET PEABODY,MASS. 01960 DATE OF HEARING/4 � PETITIONE �p� / LOCATION �j fi 'Cl/YQJ MOTION: TO GRANT SECOND TO DENY SECOND TO RE—HEAR SECOND LEAVE TO WITHDRAW SECOND 70 CONTINUE SECOND POLL CALL PRESENT GRANT DENY WITHDRAW RE—HEAR CONTINUE RICHARD L'ENCAL ✓ RICHARD FEBONIO ✓ OFRANCIS GREALISH EDWARD LUZINSKI �✓ STEPHEN TOUCHETTE �✓ ASSOCIATE °iEMBERS RON D P'vaNTE ARTHU A6'RECOUE CONDITIONS: r' 7 ✓ ✓ ✓ . r �T Ctv of -'Salem, Aassachusetts (f, LAI �_ s 'Eattra of Au}reul N r (n v� DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM FOR VARIANCES AT 5 DUNDEE STREET (R-1) A hearing on this petition was held November 18, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. 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. Petitioners, owners of the property, are requesting variances to allow an existing deck and shed in this Residential Single Family District (R-1 ) 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 . The original porch and stairs were in poor conditions. 2. The location of the house and the shape of the lot make it impossible to comply with the 30 foot rear setback requirement. 3 . There are not dwellings on the undeveloped lot behind the petitioners lot. 4. There was opposition from the owner of lot #57 on Calumet St. who was concerned about the effect of the variance on his development of his property. DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM FOR VARIANCES AT 5 DUNDEE STREET, SALEM page two 5. The shed is movable. 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 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. 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 with the exception that the shed is to placed a minimum of five (5) feet from the property line on Calumet St. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a legal building permit from the City of Salem Inspector of Buildings. 5 . The grant to allow this deck shall not have a negative bearing on the development of the property shown as lot $57 of the City of Salem Assessor's Map of Calumet Street, also known as 31 Calumet Street VARIANCE GRANTED November 18, 1992 �Ai St hen C Touchette n Board of Appeal c�=+ rno ti �rn � �n w m O b mn 2 N DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM FOR VARIANCES AT 5 DUNDEE STREET, SALEM page three 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 n .(n 1 O T Q T i ? c. Z C (Gity of ttlem, ^ ussttcllusetts m� s " ''•._; J;� 7[�02ICa Of �IT�IPSII �' � DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM FOR VARIANCES AT 5 DUNDEE STREET (R-1) A hearing on this petition was held November 18, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. 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. Petitioners, owners of the property, are requesting variances to allow an existing deck and shed in this Residential Single Family District (R-1 ) 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. The original porch and stairs were in poor conditions. 2. The location of the house and the shape of the lot make it impossible to comply with the 30 foot rear setback requirement. 3. There are not dwellings on the undeveloped lot behind the petitioners lot. 4. There was opposition from the owner of lot #57 on Calumet St. who was concerned about the effect of the variance on his development of his property. DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM FOR VARIANCES AT 5 DUNDEE STREET, SALEM page two 5. The shed is movable. 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 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. 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 with the exception that the shed is to placed a minimum of five (5) feet from the property line on Calumet St. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a legal building permit from the City of Salem Inspector of Buildings. 5. The grant to allow this deck shall not have a negative bearing on the development of the property shown as lot x/57 of the City of Salem Assessor's Map of Calumet Street, also known as 31 Calumet Street VARIANCE GRANTED November 18, 1992 Steen C Touchette C', Board of Appeal r< H -0o � -70 (n D w O r m C3 to rn 2 cn y DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM FOR VARIANCES AT 5 DUNDEE STREET, SALEM page three 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 n o� T IO_ v ✓r (Eitg of �TIjvm, 4flttssaciluertts I :�\•� �$, `�uttra of �'-�upenl DECEMBER 10, 1992 NOTICE IS HEREBY GIVEN THAT AS OF NOVEMBER 25, 1992 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF DAVID AND JEAN LAPHAM FOR VARIANCES TO ALLOW AN EXISTING DECK AND SHED AT 5 DUNDEE STREET. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD 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 y` y i f 1 s F,rldvi i ; IgoG. November 5, 1992 Elizabeth A. Faria 2 Aberdeen Street Salem, MA 01970 Attn: Board of Appeals: I reside at 2 Aberdeen Street, Salem, MA, I have lived at this residence from December 3, 1964 to the present time. I fully approve of my neighbors extention of their deck at 5 Dundee Street, Salem, MA. If this letter should be necessary for any legal matters concerning the deck on the back of their residence, the parties involved have my complete acceptance of their structure. Sincerely, � n Elizabeth A.F �.� G_t�t��-_� �-��- G'�--rte _10-30-92.13:501926215-I FGK - _... - CITY OF SALEM ROARD OF APPEAL 745-9595 Ext. 381 Will hold it public hcaring fill,all persons inter- ested in the petition submitted by IIAVIH&JEAN LAPHAM for Variances to alb,v exisl.ing dock will to erect it shed at 5 DUNDEE ST (R-1)Seid hearing to be held WEDNESILIY, NOVEM111sR 18, 19!12 AT 7:00 P.M., ONE SALEM CREEN, 2nr1 (70011, RICHARD A. .BENCAL, Chairman November 4, 11, 1992 - SN26215 10-30-92.14:01:1826217-LEGK - ` DATE:........................ APPEAL CASE NO......................... � r CITY` OF SALEM; MXSSACHLJSEM TO THE BOARD OF APPEALS: The Undersigned represent that the y is are the Owners of a certain parcel of land located at No......s.Rundee Street: Zoning District....ft.I..............: and said Parcel is affected by Article.....K4............. of the Salem Zoning By.Lawsxx"m,,Zc 1c. ......_...... ..... 1414'"MK9xsidrd'u'rdic*hxxxtyxzY,it�Sati7if. Plans describing chc work proposed, have been submitted to the Building lnspecror in accordance with Part 2, of the Building Code of the City of Salem. Briefly, the work is as follows: A rear deck having a rear yard set back of 12 feet, more or less, rather than the 30 feet required, was constructed by the petitioners who, being misinformed, did not understand that a building permit and variance were required for said deck. A variance is also requested to permit a shed to be located in the side yard of a corner lot and four (4) feet more or less from the side line rather than the five (5) feet required. � o m The Application for Permit was denied by the Building Inspector for the followingU"easor t oris Failure to comply with rear yard set back requirements pursuant to Article VI, Table I of the Zoning Ordinance. Failure to comply with the set back requirement of Section 7-8 Accessory Buildings and Structures. The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning By-Laws and the Salem Building Code and order the Building Inspector to approve the application permit co build pee p as filed, as the enforcement of said Zoning By-Laws and Building Code would involpracticalffee difficulty or unnecessary hardship to the Undersigned and relief may be granted withour subscancialve ly derogating from the intent and purpose of the Zoning By-Laws and Byilding Code for the following reasons: The present deck was built to replace a prior smaller deck and stairway which was in disrepair; the deck was built several years ago without knowledge that a permit was required; the property is being sold and the buyers' mortgageebank requires a variance; the deck improves the appearance of the lot, and is not objectionable to abutters. Due to the shape of the lot, the deck conforms to the intent and purpose of the Zoning Ordinance. No previous applications for variances have been made for the subject property. The section of Calument Street near the shed is not a paved road. � O r— m o ^s s T tT Petitioner..........Day,}d,.p.....L pham,.and,.Je Mt._La . . P.ham By....Their„Attorney....._ A .... ...... ............................... Address.......30,.Main„Street, Peabody, MA 01960 This application must be filed at the City Clerk's Office with a check, for advertising in the amount of s••••••.......•.•.•........••......... four (4) weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. / �G uIF ROgfJLT E ! RoSE R. nicHAvo LOT g A- I,2(001S.F. i z'3 27o - _ '1 5.3 DECK '° 3' 2 451 LOT 7 J` SPLl7 LEVEL WOOD tP FRHME DWELL)AV6 T S N g$.2 _ _t 24 3 IS Y N 2� �o�' o e.i 63.21 �- _ N � DUNDEE STREET Ih ) r r> H. e� r N (n REFERENCE.— PLOT PLAN OF LAND DEED: REC BK. s993 PG. 144 PLAN. ISS/ )964 LOCATED IN SAG M PREPARED FOR VAE� /`5 DAVIp f TEAM LAPHRII EG. PROFESSION L LAND SU SCALE: 1 °=2o ' pr'T. G, 1992 - �NjHCF41gs� �o GAIL NORTH SHORE SURVEY CORP. SMITH209 WASHINGTON ST.- SALEM, MA. N .0 9 No.35343o LUAW c - 9Q��Ss/� N 6JQ,�� #k x741 f L 65 i \"QO 00 �f4a Al S g 61 157no D 1,0 �• 'L s d • R , ? 5 / 566 to 3el .° ?55 %°° coo 2 at L ,� *000 CITY OF SALEMCITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL ' 745-9595 ExL. 745-9595 Ext. 381 381 j all Persons inter- Will hold a public hearing for all persons inter- Will hold a public hearin for g p ! ested in the petition submitted by DAVID&JEAN i ested in thepetition submitted by DAVID&JEAN ! LAPHAM for Variances to allow exislingdeck and LAPHAM for Variances to allow existing deck and to erect a shed at 5 DUNDEE ST.(R-1)Said hearing to erect a shed at 5 DUNDEE ST.(R-1)Said hearing to be held WEDNESDAY, NOVEMBER 18, I9g2 to be held WEDNESDAY, NOVEMBER 18, 1992 I AT 7:00 P.M., ONE SALEM GREEN, 2nd floor. ° AT 7:00 P.M., ONE SALEM GREEN, 2 nd tloor, RICHARD A. BENGAL, Chairman - RICHARD A. I3ENCA L, Chairman November 4, 11, 1992 November 4, I1, 1992 SN26215 _ SN2G215 CITY OF SALEM 'CITY OF SALEM BOARD OF APPEAL BOARD OF APP]„IL 745-9595 Est. 381 Will hold a public. ea ingtli >r8dll persons int.cr- Will hold a public hearing for all persons inter- ested in the petition submittal b ested in the petition submitted by DAVID&JEAN L.APHA@I lbr Vmi:uiccs toallmv DAiV11)&'JEAN LAPHAM for Variances to allow existing deck and to erect a shed at5I1UNDIg I >',dock ami to erectashed atS lIUNUEE ST.(]?-I)Sairl hearing to be held WEDNESDAyE SP.M-1)Said hearing to be held WEDNESDAY, NOVEMISElt 18, 1992 AT 7:1111 P.M., UNF. SA1.1':M Ot IpIMBl41t 18, 1992 AT 7:99 PAL, ONE SALEM CREEN, 2nd floor. ICICIIA ICU E 1 N"21d hour_ RICHARD A. BIENCAL, Chairman � November 4, 11, 1992 BItNCAI„ Chairman November 4, 11, 1992 SN26215 RN2Ci21fi DATE:.................................. .................... ............. APPEAL CASE NO......................... CJTY OF SALEM, MASSACHUSETTS TO THE BOARD OF APPEALS: The Undersigned represent that the y is are the Owners of a certain parcel of land located at No......5_R�mq.............................................................. ...............................Street; Zoning District...R1.............. and said Parcel is affected by Article.....Yl............ of the Salem Zoning By.LawsxW"Uo"*..................... u Plans describing the work proposed, have been submitted to the Building Inspector in accordance with Part 2, of the Building Code of the City of Salem. Briefly, the.work is as follows: A rear deck having a rear yard set back of 12 feet, more or less, rather than the 30 feet required, was constructed by the petitioners who, being misinformed, did not understand that a building permit and variance were required for said deck. A variance is also requested to permit a shed to be located in the side yard of a corner lot and four (4) feet more or less from the side line rather than the five (5) feet required. C') co C.) JT- _< CD 7) LD rn The Application for Permit was denied by the Building Inspector for the following, easor Failure to comply with rear yard set back requirements pursuant to Article V Table I of the Zoning Ordinance. Failure to comply with the set back requirement of Section 7-8 Accessory Buildings and Structures. The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning By-Laws and the Salem Buildirig Code and order the Building Inspector 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 derogating from the intent and purpose of the Zoning By-Laws and 114ilding Code forche following reasons: The present deck was built to replace a prior smaller deck and stairway which was in disrepair; the deck was built several years ago without knowledge that a permit was required; the property is being sold and the buyers' mortgageebank requires a variance; the deck improves the appearance of the lot, and is not objectionable to abutters. Due to the shape of the lot, the deck conforms to the intent and purpose or the Zoning Ordinance. No previous applications for variances have been made for the subject property. The section of Calument Street near the shed is not a paved road. C-1 A-3 :47 Petitioner............ ......Lapham...an.d...Je Laphatn By....1�4ifti.r...A.t.t.q,TADay'I�y... 9-0-k- .. ...................................... Ytt Address.......3P..Mairt...St.r.e#t,...P��4bqqyf .. . . .. . .. . . . . 01960 This application must be filed At the City Clerk's Office with a check, for advertising in the -amount of ..................... ............... four (4) weeks prior to the meeting of the. Board of Appeals. Check payable to The Evening News. k 4_ PETITI N TOBOARDOF APPEALS LOCATION No-----------5- Dundee..StrQet - - --------------------- Petitioner.... - ----------------Petitioner....__David.R-..and_Jean_M-._Lapham Address------------ --- undee--Street Salem-`--MA---01970 ............. . CONDITIONS ------------------------------- ------ .................................. ------------------------------------------------ ------------ - ............. .. ....... .. ........_..-....._...... .._.. -- ------ ------- -----------------------......_........._._...._. ...-._......... PETITION: APPROVED . . . . . DENIED . . . . . . ------••--•---- .......... --------- 19.------- 3 I G 3c^ . uIF ROBERT Al- !)ROSE R. h11cMAVO s ws LOT A• 9,260 'S.F. IZ�1 �.7.0 M 1fY C H b. 70 13 Y 4 45 3 LOT '1 s PL 1r LEVEL Wool W M9AIE DWELLIV6 N y P g5.2 1 24 f o Is - . S * � ' v 6321 Nm o nm N DUNDIEST - ----- y -�- - - --- ---- - ---_ -- REST-- --- - - a m y 1y ' N (n REFERENCE: - PLOT PLAN OF LAND DEED: REC BK :59q3 PG. 944 PLAN: ISI/ M64 LOCATED IN SALE M PREPARED FOR VX �EG. ..PROFESSION L LAND SU SCALE: 1 =20' OGT., (0 , 1992 ' X01+ GAIL "4' y� NORTH SHORE SURVEY CORP. m �. SMITH , H 209 WASHINGTON ST,.- SALEM, MA.. ... y - i o'^F�so A/STEHDO * 1791f . DATE: APPEAL CASE NO......................... CITY OF, SALEM, MASSACHUSETTS TO THE BOARD OF APPEALS: The Undersigned represent that the y is are the Owners of a certain parcel of land located at No......5., ...................................................................................Street; Zoning District....81.............. and said Parcel is affected by Article.....Y4............. of the Salem Zoning By-Lawsxw"-,966"*..................... Plans describing life work proposed, have been submitted to the Building Inspector in accordance with Part 2, of the Building Code of the City of Salem. Briefly, the work is as follows: A rear deck having a rear yard set back of 12 feet, more or less, rather than the 30 feet required, was constructed by the petitioners who, being misinformed, did not understand that a building permit and variance were required for said deck. A variance is also requested to permit a shed to be located in the side yard of a corner lot and four (4) feet more or less from the side line rather than the five (5) feet required. C-) CD The Application for Permit was denied by the Building Inspector for the followian ,reasons: r) Ln n N Failure to'comply with rear yard set back requirements pursuan Eli�p Oticle va, Table I of the Zoning Ordinance. Failure to comply with the set back requirement of Section 7-8.cAcce" r- Buildings and Structures The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning By-Laws and the Salem Building Code and order the Building Inspector 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 derogating from the intent and purpose of the Zoning By-Laws and 114ilding Code forthe following reasons: The present deck was built to replace a prior smaller deck and stairway which was in disrepair; the deck was built several years ago without knowledge that a permit was required; the property is being sold and the buyers' mortgageebank requires a variance; the deck improves the appearance of the lot, and is not objectionable to abutters. Due to the shape of the lot, the deck conforms to the intent and purpose of the Zoning Ordinance. No previous applications for variances have been made for the subject property. The section of Calument Street near -the shed is not a paved road. Co Date...... .2 2 .... .. . ................................... Petitioner....... ...D...a.y}d Lapham and Jean M. La ..... .. ..... ......... .... I .... ......... By....Zlj��ir..Attq Address.......3P.JM4i.n Street,...Peabody,_ MA 01960 This application must be filed ;it the City Clerk's Office with a check, for advertising In the amount of ................... ................. four (4) weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. PETITION TO BOARD OF APPEALS- LOCATION No............. .............................. Petitioner----.._David.H_-.aad-.Jean_M..-.Lapham Address............ _Dundee_Street--------------------- --------- Salem_,.-MA----01970 CONDITIONS - ------------------------------------ ------------------- ----------- ---...-........... . --------------- ----------------------- .................. ----------- _._.. _-- - -------------------- ------------- -------—.............- .................... PETITION: APPROVED . . . . . DENIED . . . . . . ---------------------------------------- 19 �.. u1f KDWI Z. 11 AosE R. MICIA00 +Op p0 r �\ Lo-r $ 10 A- 0,2601 S.F. cry 2.7o 1 M n ' 5.3 DEG K O Yi b 7•D 3' 453 LOT 7 Lp SPL17 LEVEL WOOD FAHME DWELLIN6 ^� N Q TS - g$.2 24 f IS ; 2 OVERNAN�) / (P0� DEE REFERENCE - PLOT PLAN .OF LAND DEED: REC BK 51U PG. 144 PLAN: ISI/ 144 LOCATED IN SAS M PREPARED FOR AVEAVID f TERN LAPH1911 DTOFESSION LLAND SU SCALE: 1 =20 ' OC-V. f 1992 �E�NOFA1gg�� - :. . d -eGAIL m NORTH SHORE ,SURVEY CORP. Is sMITH . y 209-WASHINGTON ST.- SALEM., MA. No.35043 ¢ r LANA SpP ?p C G 3c^ I/IF RoefRT e. ! RosE R. MICHAVO s ws X00.00 Lo r A• v,260 'S.F. 1211 w � DE'.GK c L 70 i3 v 45.3 LOT '7 s SPur LEVEL WOOD W FA HHE DW E LL ANG bt �S � _ _ _ _ _r 24 3 15 Y 2' OVERHANG) IS r -- -- - -- - - -- --DUNDE-E REFERENCE.— PLOT PLAN OF LAND DEED: REC BK. 5493 PG. 144 PLAN: IS-71l964 LOCATED IN SA4 E M PREPARED FOR �o sz / DAVID f TERN .LAPNRll A EE�ION L LAND SU SCALE: '1 20 ' OCT. 4, 1942 �ni� y NORTH SHORE .SURVEY CORP.L. . t 8 ITH SMy 209t WASHINGTON ST.- SALEM, MA. 1 ... _ .� e 9 140.35D43 oe FGISTE.P� ssIpNAL LANG w .. X91 f^ y . .,100 1 _ - + r r ` 65 � � � 2DOJ• < 4 O /,Ayr / 1000z r: r � •kl t>•Y +fY 4. Ji{ Y M1 r C9 50 CC f tM r V g r i sr yy } Y ' f t1t t t !A• f}+Y 51 y�-tlf I% ��� l + ^ 0 V Z . 2,i 5 3 r1 in.9�n 5 .1 1 ' J O Y�' l r t 54 � �l v g000' hLn t ` d �Se 40 rip 2. ti S jco .vy v roo e , oUNorE 6p s✓� o f�U ^s a M. N" o v \1UDit0 17> , z r r` f r• a 400p.rt ". x '49 .�. _/ ���I(��"`/tet 90�5 n4 �1 QD . .4.�.. D©D BOARD OF ASSESSORS NO CITY HALL PAGE. ,f' SALE, 'q" t11 Q1970 .... .... .... ... 2 ............ ......V AJ E 100,2 8 3 4 4 5 05 SUBJECT PROPERTY. MAP 10 LOT: 0056 SUFF 6 PROPERTY ADDRESS. 0005 DUNDEE S'TREE'T 7 ASSESSED OWNER LAPHAIII DAVID' ,V 9 L.APHAM Jcr-,'Al%l MARIE • �01 1 2 10 MAP-LOT-SUFF PROPEnTY-ADDRESS S'SESSE-D-OWNER jqA-1k-1-HG-ADD 13 * :I 14 2 10 0056 0005 DUNDEE STREET LAPHAIII DAVID V 5 DUNDEE STREET 5 1 6 13 PHA11—JE-AN-11 TE SAL 11-MA-01a97 17 14 -10 0055 ABERDEEN STREET FARIA ELIZAL:'EfFl A 2 ABERDEEN ST18 15 o SALEM MA 01971 Ts f 0 CCJ54 Orjf34 '8�*?bt4�.-pq STIREey' 21 0 7 WHITE JOAN E SALEM MA 01970 220 a 10 0061 0006 ABERDEEN STREET KENT PAUL A 6 ABERDEE04 S "1 23 -1 ... 24 19 KEN 1 2 S . i HA 01T - R* HUR, SoNNiN(.,- R6 20 A -RLY' ......... BEyL t I. ,.I I-,%I I.I 1 26 A. 270 .......... ..... L'A P-1 Y, ................ PAO ....... 21 9 28 T2 U ULJ 29 `23 PEABODY fv(A 01960 300 24 10 0062 0004 CARROLLTON STREET MCLEAN JAMES A 4 CARRG-L.L.TON STREE'f. 31 5 ........... ... ... R.E 6-1 SALEM MA (9419;'a 3 33 1 PA 4 A A...... ^10 o66 UQ38 tAL'Ut'll;,J' -58 TREET 0 q T EE. ISAVAGEAU RONALD - CALUMET 3 2 J' 340 6 '-M MA 27 SEAVAGEAU, NANCY E'- SALE -1976 35 36 28 ie ee4.6 eE318 DUNDEE "Fr"E"" APARIO PAU6. z4 35 0 29 ADAHIO MARY A SALEM MA 011-770 3 30 110 01-76 0012 DUNDEE STREET' VIELIN CARL. F JR 12 DUNDEE 61 :o 31 NEL-T-N-PWNRY F -9 A LEM-MA r 440 1 32 420 0 431 33 44 34 45 35 460 0 47 36 46 37 49 38:, ........... 51 010 5 39 52 40 53 54 0 41 5510 z, 42 se 43 57 58 ................ 59 45 ............. ......... so 46 61 0 47 620 63 48 64 49 65 • 6 50 6 6710 51 68 52 69 0 53 700 71 54 72 55 -------------M.----- ------ ---------- 73 1, E�F� � 740 .se ....... A SC 75 CHI EPETER C'O R 79 �G1�nOCc�e, D ISI ONb2t6TIO0 F RI IARD ^MI F R V I I DIS S page 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 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 Variances requested, subject to the foiiowing conditions : 1 . Petitioner shall comply with all city and state statutes , ordinances , codes and regulations . 2 . All contruction shall be done as per the plans and _ dimensions submittedV,tAAa &,1capkc-,AWej-W,Q /"& Ze pl4zAd0. /W"Wma4.— o/- -feet fi-6AA 7*1 1020peA)"Y Pae oN CAIU"tef 3 . Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4 . Petitioner shall obtain a legal building permit from the City of Salem Building Inspector. 5 . -IFIk aZauU 7i6�0 a�a�, �e� a-- � � >� 74 /J/aerM a{�o 6eof �1`5 7 f Ce��e C� �u o " �-n T�