26 GABLES CIRCLE - ZBA 26 GABLES CIRCLE R-1
CHARLES CLIFFORD
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-� CrrY OF SALEM
A'-BOARD OF APPEAL.'
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'-' Will hold a public hearing for all,
f persons interested in the petition sub-
mitted
ubtutted by CHARLES E. CLIFFORD
s.`•;-requesting a Variance from side'set-
back to construct an addition to exist-
ing kitchen for the property located at
- 26 GABLES CHICLE.(R-1).Said hear- .. ..
ing to be held WEDNESDAY, MAY ,
,...21,1997 AT 6:00 P.M.,ONE SALEM,
. .GREEN,2nd Floor. -
Gary Barrett,Chairman
. .(5/7,5/14/97)
Titu of inlem, '7Tussttclluscite
�Roard of Au}tenl
JuN 3 2 s4 Pn '91
c! i Y 0 S.`,Li "M. MASS
DECISION OF THE PETITION OF CHARLES E. CLIFFORD REQUESIfANI � �l�k�MCE
FOR THE PROPERTY LOCATED AT 26 GABLES CIRCLE (R-1 )
A hearing on this petition was held May 21, 1997 with the following Board
members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill, Arthur
LeBrecque and Richard Dionne. 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 from side setback to construct an addition
to the existing kitchen for the property located at 26 Gables Circle.
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 expand the footprint of the existing two-story
dwelling by constructing an addition to house a kitchen at the rear
of the structure.
2. The existing dwelling is non-conforming as to the side setback
requirements in this R-1 district, since it extends to within
13' of the property line.
3. The proposed addition will also extend to within 13 feet of the
property line, thus extending the existing nonconformity.
4. There was no opposition to the proposed 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.
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 CHARLES E. CLIFFORD REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 26 GABLES CIRCLE 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 the plans and dimensions
submitted and approved by the Building Inspector.
3 . All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4 . Exterior finishes of the new construction shall be in harmony with the
existing structure.
5. Petitioner is to obtain a building permit prior to beginning any
construction.
6. A Certificate of Occupancy is to be obtained.
Variance Granted �� rl / �•� �,�
Mav 21, 1997
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 Citv 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
of $Ztlem, �Ittssttclluse##s
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Poara of Appeal
JUNE 3, 1997
YOU ARE HEREBY NOTIFIED THAT AS OF JUNE 3, 1997 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF CHARLES E. CLIFFORD REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 26 GABLES CIRCLE, SALEM.
PETITION GRANTED
BOARDOF APPEAL
SALLY C. ` RTAGH
CLERK OF THE BOARD
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
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
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COO,
APPEAL CASE NO. . . . . . . . . . . . . .
al �+V4•�� .�iil��A�11i.i��D
�aur� u1 �u�SPzti
TO THE BOARD OF APPEAL.
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at: . . . . . . .. . . .. ... ..Street; Zoning District.......
and said parcel is affected by Section(s)......... .. ... . . ... . . . of the
State Building Code. Massachusetts
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for
reasou(s): foZloying
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The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary of said
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
5ede. S&/-hdCX �-o 6c)-U51rvc7 -
Owner..a.
........................
Address.
Telephone..7M'�f_y�y�
. ....................
Petitioner.... ef'T.f....................
L' Address.... . . . ..............
Date..... 0?-(�. /
. .......... . Telephone. . . . . .. .... ............ .
By...�' .. �� .j�� .............
Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of 5.......
NOGSUW 04 tht Hv� ••-.. , four weeks prior to the
Appeal, Check naya6Ze cn tfie Ssr= EvP.� yam_
PETITION TO BOARD OF APPEALS
LOCATION
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I hereby certify that the, dwelling ehams.
AGE SURV�`YP�_q
on this PIOM was located oa the groundI� �'q �M� J^,
as shown thereen' and. it. eanftr a to the �-
zoning and buildings ordinance dq the SCALE / =P0 Jl1�Y % .f�T6
City Of 30lenr When- constructed andto . BAY SrATF SURVErIN4 -1. SERK
the floodrestricti®plath,reeord'. Area to net .tn Z°2E C 60r ST.. SEVERL-Y,- ,q; .
"his plot plan ?er mortgage purposes onlyre, . �sS�aFk
Reference being by: dead"revered i;►'. th# RQHERT.
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Gasex- tZeg. of Deeds SoDist, We 3EE'D' P.Sel.
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