41 MARCH STREET - ZBA r
41 MARCH STREET
WILLIAM PARSONS
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DECISION OF THE PETITION OF WILLIAM PARSONS REQUESTING A C( �r ;4I. K HA SS
VARIANCE FOR THE PROPERTY LOCATED AT 41 MARCH STREET (R-2) RK S OFFICE
A hearing on this petition was held August 19, 1998 with the following
Board members present: Ronald Harrison, Paul Valaskagis, 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 right side setbacks to
construct an addition for the property located at 41 March Street.
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 petitioner, William Parsons represented himself.
2 . Plans for an addition off the rear of the house were presented to the
board.
3. The petitioner requested a Variance from right side setback.
4 . James Santo, of 42 March Street, spoke in support of the petitioner.
5. There was 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.
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.
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DECISION OF THE PETITION OF WILLIAM PARSONS REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED AT 41 MARCH STREET R2
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, 4-0 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 harmony 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
August 19 , 1998 X
Michael Ward, 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 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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Titu of ttlem, 'Massadjusetts
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AUGUST 31, 1998
YOU ARE HEREBY NOTIFIED THAT AS OF AUGUST 31, 1998 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF WILLIAM PARSONS FOR THE PROPERTY LOCATED AT
41 MARCH STREET.
PETITION GRANTED
AUGUST 19, 1998
BOARD AF APPEAL
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
FROM: THE RESIDENTS OF THE MARCH ST. NEIGHBORHOOD
TO: THE BOARD OF APPEAL
WE, THE UNDERSIGNED, SUPPORT THE PROPOSED ADDITION
AT 41 MARCH ST. SALEM,MA.
NAME/SIGNATURE ADDRESS