Loading...
29 JACKSON STREET - ZBA PHILIP BURNHAM 29 JACKSON STREET (R-2) .�- C� C� V\ �n 1 (1Lit of Salem, ,Mi assadjusetts 9 3oQ _ �Rnard of �upeal APR 27 9 40 Ali `95 DECISION ON THE PETITION OF PHILIP J. BURNHAM FOR A VARIAT� , FOR THE PROPERTY LOCATED AT 29 JACKSON STREET (R-2) "'' fM•of f [Cr A hearing on this petition was held April 19, 1995 with the following Board members present: Stephen Touchette, Chairman; Gary Barrette, Albert Hill, 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 located at 29 Jackson Street requests a Variance from side setbacks. The relief 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 refuel 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 foundation was mis-sited by the contractors and/or engineer causing it to encroach on the side setback. 2. The costs associated with moving the foundation would be prohibitive. 3. The proposed dwelling will not substantially alter the existing character of the neighborhood and will not be a detrimental use. 4. The Ward 3 Councillor Donahue wrote a letter in opposition. 5. Two people spoke in favor of the petition, but voiced concern over the condition of the site. 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. The request relief can be granted without substantial detriment to the DECISION OF THE PETITION OF PHILIP J. BURNHAM FOR A VARIANCE FOR THE PROPERTY LOCATED AT 29 JACKSON STREET page two public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the requested relief, 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. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Petitioner shall obtain proper street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. Variance Granted �, a April 19, 1995 C N Stephen C. Touchette Board of Appeal, Member 'y o z N 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.