1 FLYNN STREET - ZBA 1 Flynn St. R-1 M
Richard Urbanowicz
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DECISION ON THE PETITION OF RICHARD URBANOWICZ -
FOR VARIANCE AT 1 FLYNN STREET (R-1 ) - c
A hearing on this petition was held April 27, 1994 with the following Board
Members present: Stephen Touchette, Acting Chairman; Stephen O'Grady, Gary
Barrett, Associate Members Nina Cohen and Arthur Labrecque. 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, owner of the property, is requesting Variances from rear
setback to allow construction of an addition. Property is located in the
R-1 district.
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. There was no opposition to the petition.
2. The granting of the variance requested would allow the petitioner a
fuller use of the property.
3 . The proposed addition would encroach on the rear setback only.
d. This is the only feasible location for the requested addition to be
placed on the site.
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DECISION ON THE PETITION OF RICHARD URBANOWICZ FOR A
VARIANCE AT 1 FLYNN STREET, SALEM
page two
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 in strict accordance with the plans and
dimensions submitted.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. A Building Permit is to be obtained prior to beginning construction.
5. Exterior finishes of the new addition shall be in harmony with the
existing structure.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
April 27, 1994
Step e�ouchette, Acting Chairman
Board of Appeal
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DECISION ON THE PETITION OF RICHARD URBANOWICZ FOR A VARIANCE
AT 1 FLYNN 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 a
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