108 MARGIN STREET - ZBA (2) 108 Marg-in-St-.- R-2
Rosalie Occhipinti
�--- - ----- -- -� John Occhipinti
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DECISION ON THE PETITION OF JOHN OCCHIPINTI , OWNER ROSALIA
OCCHIPINTI , FOR A SPECIAL PERMIT AT 108 MARGIN STREET (R-2)
A hearing on this petition was held on July 19 , 1989 with the
following Board Members present . James Fleming , Chairman ,
Richard Bencal , Vice Chairman, John Nutting , Secretary , Messrs .
Richard Febonio and Edward Luzinski . 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 seeking a Special Permit to extend a nonconforming
structure , by construction of a second story deck and stairway
at 108 Margin Street (R-2) .
The Provision of the Salem Zoning Ordinance which is applicable
to this request for a Special Permit is Section V B 10 , which
provides as follows :
Notwithstanding anything to the contrary appearing in this
Ordinance , the Board of Appeal may , in accordance with the
procedure and conditions set forth in Section VIII F and IX
D, grant Special Permits for alterations and reconstruction of
nonconforming structures , and for changes , enlargement , extension
or expansion of nonconforming lots , land , structures , and uses ,
provided , however , that such change , extension , enlargement or
expansion shall not be substantially more detrimental than the
existing nonconforming use to the neighborhood .
In more general terms , this Board is , when reviewing Special
Permit requests , guided by the rule that the Special Permit
request may be granted upon a finding by the Board that the
grant of the special permit will promote the public health ,
safety , convenience and welfare of the City ' s inhabitants .
The Board of Appeal , after careful consideration of the evidence
presented , and after viewing the plans , makes the following find-
ings of fact :
1. No opposition was presented .
2 . There was support by neighbors .
3 . The Special Permit requested will promote the safety , and
welfare of the petitioner .
DECISION ON THE PETITION OF JOHN OCCHIPINTI , OWNER ROSALIA
OCCHIPINTI , FOR A SPECIAL PERMIT AT 108 MARGIN STREET (R-2)
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 . The relief requested may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district of the purpose of the
Ordinance .
Therefore , the Zoning Board of Appeal voted unanimously , 5-0 to
grant the relief requested , subject to the following conditions:
1 . Petitioner must meet all requirements of the Salem Fire
Department relative to smoke and fire safety ;
2 . All construction be done as per the plans submitted and
by legal building permit .
3 . That it be built in harmony with the existing structure .
SPECIAL PERMIT GRANTED
ichard T. Febonio , Board Member
shall be ant
ection 17
Appeal from this decision, if aPny.ter 808, and shall ber filed vi othsn 20 days
of
ivl css. General Laws,
,tier the date of filing of this decision in the office of the City, the variance
PL r., ;;;r.t !c Mass. Cenerai Lalvs. ch.Pter 508. Section ll, of the
in il
ar special Permit he cerP,fica tionhe;esof itno-
Citvkcierk that untilct 20 days have
cision, beariw, . eal has been
arosed and no ,PPeal has been filed, o: that, it such apP
-,"d, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
i; recorded and noted on the owner'BOARDIOF APPEAL
r - -
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`� (1litg of Sairm, Attssar4usetts
a w�3= rr k
DECISION ON THE PETITION OF JOHN OCCHIPINTI , OWNER ROSALIA
OCCHIPINTI , FOR A SPECIAL PERMIT AT 108 MARGIN STREET (R-2)
A hearing on this petition was held on July 19 , 1989 with the
following Board Members present . James Fleming , Chairman ,
Richard Bencal , Vice Chairman , John Nutting , Secretary , Messrs .
Richard Febonio and Edward Luzinski . 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 seeking a Special Permit to extend a nonconforming
structure , by construction of a second story deck and stairway
at 108 Margin Street (R-2) .
The Provision of the Salem Zoning Ordinance which is applicable
to this request for a Special Permit is Section V B 10 , which
provides as follows :
Notwithstanding anything to the contrary appearing in this
Ordinance , the Board of Appeal may , in accordance with the
procedure and conditions set forth in Section VIII F and IX
D, grant Special Permits for alterations and reconstruction of
nonconforming structures , and for changes , enlargement , extension
or expansion of nonconforming lots , land , structures , and uses ,
provided , however , that such change , extension , enlargement or
expansion shall not be substantially more detrimental than the
existing nonconforming use to the neighborhood .
In more general terms , this Board is , when reviewing Special
Permit requests , guided by the rule that the Special Permit
request may be granted upon a finding by the Board that the
grant of the special permit will promote the public health ,
safety , convenience and welfare of the City ' s inhabitants .
The Board of Appeal , after careful consideration of the evidence
presented , and after viewing the plans , makes the following find-
ings of fact :
1 . No opposition was presented .
2 . There was support by neighbors .
3 . The Special Permit requested will promote the safety , and
welfare of the petitioner .
DECISION ON THE PETITION OF JOHN OCCHIPINTI , OWNER ROSALIA
OCCHIPINTI , FOR A SPECIAL PERMIT AT 108 MARGIN STREET (R-2)
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 . The relief requested may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district of the purpose of the
Ordinance .
Therefore , the Zoning Board of Appeal voted unanimously , 5-0 to
grant the relief requested , subject to the following conditions :
1 . Petitioner must meet all requirements of the Salem Fire
Department relative to smoke and fire safety ;
2 . All construction be done as per 'the plans submitted and
by legal building permit .
3 . That it be built in harmony with the existing structure .
SPECIAL PERMIT GRANTED
ichard T . Febonio , Board Member
any. shall be made pursuant
section 17
e e`3l sso General Laws, chapter 808, and hall be filed within 20 days of
atter the date of filing of this decision in the office of the city Clerk.
Of tl;e
•��r•: ••;;nt to Hass. General Lai.vs, Ch3ote: °08. Section 11. the variance
$.,ectal Perrmt hre certitheot'onsof thn 11 e CitykC!erk^that ct r20 daytil 3 s have
bearin; that, if such appeal has been
-psed and no appeal has been filed, o'
d, that it has been dismissed or denied is recorded in o the South Essex
,Registry of Deeds and indexed under the name or the owner of record or
i; recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
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(1�itj of �$ajrM, �4Sa99ar4Ug2ft9
DECISION ON THE PETITION OF JOHN OCCHIPINTI , OWNER ROSALIA
OCCHIPINTI , FOR A SPECIAL PERMIT AT 108 MARGIN STREET (R-2)
A hearing on this petition was held on July 19 , 1989 with the
following Board Members present . James Fleming , Chairman ,
Richard Bencal , Vice Chairman, John Nutting , Secretary , Messrs .
. Richard Febonio and Edward Luzinski. 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 seeking a Special Permit to extend a nonconforming
structure , by construction of a second story deck and stairway
at 108 Margin Street (R-2) .
The Provision of the Salem Zoning Ordinance which is applicable
to this request for a Special Permit is Section V B 10 , which
provides as follows :
Notwithstanding anything to the contrary appearing in this
Ordinance , the Board of Appeal may , in accordance with the
procedure and conditions set forth in Section VIII F and IX
D, grant Special Permits for alterations and reconstruction of
nonconforming structures , and for changes , enlargement , extension
or expansion of nonconforming lots , land , structures , and uses ,
provided , however , that such change , extension, enlargement or
expansion shall not be substantially more detrimental than the
existing nonconforming use to the neighborhood .
In more general terms , this Board is , when reviewing Special
Permit requests , guided by the rule that the Special Permit
request may be granted upon a finding by the Board that the
grant of the special permit will promote the public health ,
safety , convenience and welfare of the City ' s inhabitants .
The Board of Appeal , after careful consideration of the evidence
presented , and after viewing the plans , makes the following find-
ings of fact :
1 . No opposition was presented .
2 . There was support by neighbors .
3 . The Special Permit requested will promote the safety , and
welfare of the petitioner .
DECISION ON THE PETITION OF JOHN OCCHIPINTI , OWNER ROSALIA
OCCHIPINTI , FOR A SPECIAL PERMIT AT 108 MARGIN STREET (R-2)
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 . The relief requested may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district of the purpose of the
Ordinance .
Therefore , the Zoning Board of Appeal voted unanimously , 5-0 to
grant the relief requested , subject to the following conditions :
1 . Petitioner must meet all requirements of the Salem Fire
Department relative to smoke and fire safety ;
2 . All construction be done as per the plans submitted and
by legal building permit .
3 . That it be built in harmony with the existing structure .
SPECIAL PERMIT GRANTED
ichard T. Febonio , Board Member
Api' e made pursuant
ction 17
;--e n4csso Cenerall Laws, Chapter 808,ait
and shall be filed within of
20 days
atter the date of filing of this decision in the office ti the CityClerk.
o�,.,.•.;;nt !o Mass. General Lass. Chapteo 508. section 11, of the
F�e::ial Permit gr:mted herein sit_II nc: t.-,ke eff^ct until a cePY
cion, bearin; the certification of the t+tI Cif such appe al
that,
_ -:sed aid no appeal has ben filed, or that,
d, that it has leen dismissed or denied is recorded in the South Essex
i'1-4
Revistry of Deeds and indexed under the name or the owner of record or
is recorded and noted on the owner 8certificate
0ARDOF APPEAL
�. JUL Zj
C#g of �$tzlem, Asstttljuse##s
�Roxrb of � tet[1 rr , , r;
DECISION ON THE PETITION. OF JOHN OCCHIPINTI , OWNER ROSALIA
OCCHIPINTI, FOR A SPECIAL PERMIT AT 108 MARGIN STREET (R-2)
A hearing on this petition was held on July 19 , 1989 with the
following Board Members present . James Fleming , Chairman ,
Richard Bencal , Vice Chairman, John Nutting , Secretary , Messrs .
Richard Febonio and Edward Luzinski . 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 seeking a Special Permit to extend a nonconforming
structure , by construction of a second story deck and stairway
at 108 Margin Street (R-2) .
The Provision of the Salem Zoning Ordinance which is applicable
to this request for a Special Permit is Section V B 10 , which
provides as follows:
Notwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeal may , in accordance with the
procedure and conditions set forth in Section VIII F and IX
D, grant Special Permits for alterations and reconstruction of
nonconforming structures , and for changes , enlargement , extension
or expansion of nonconforming lots , land , structures , and uses ,
provided , however , that such change , extension , enlargement or
expansion shall not be substantially more detrimental than the
existing nonconforming use to the neighborhood .
In more general terms , this Board is , when reviewing Special
Permit requests , guided by the rule that the Special Permit
request may be granted upon a finding by the Board that the
grant of the special permit will promote the public health ,
safety , convenience and welfare of the City ' s inhabitants .
The Board of Appeal , after careful consideration of the evidence
presented , and after viewing the plans , makes the following find-
ings of fact : -
1 . No opposition was presented .
2 . There was support by neighbors .
3 . The Special Permit requested will promote the safety , and
welfare of the petitioner .
DECISION ON THE PETITION OF JOHN OCCHIPINTI , OWNER ROSALIA
OCCHIPINTI , FOR A SPECIAL PERMIT AT 108 MARGIN STREET (R-2)
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 . The relief requested may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district of the purpose of- the
Ordinance .
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the relief requested , subject to the following conditions :
1 . Petitioner must meet all requirements of the Salem Fire
Department relative to smoke and fire safety ;
2 . All construction be done as per the plans submitted and
by legal building permit .
3. That it be built in harmony with the existing structure .
SPECIAL PERMIT GRANTED
�G�f!YL4
Kichard T. Febonio , Board Member
Appeal from this decision, if any, shall be made pursuant to Section 17 of
','•.e fdzss. General Laws, Chapter SOS, and shall be filed within 20 days
-n,er SOS, section 11,the Variance
alien the date r filing , this decision in the office of the City Cler .
to Mass. ceneraf La1.vs, Ch..,` tilof the
or c,neci no� take effect un
ial Permit hrE cert,If cationsof Ithe city, clerk that 20 days p have
..'ecision, bezrin; or that, if such appeal has been
:L^��sed and no aPP,,I has be^n Flled,
'rid,that it has be end indexed under the name ordthelownersof recordor
Registry of Deeds a
is recorded and no an the owner'BOARDI OF APPEAL
Tito of ttlem, Massachusetts
July 28, 1989 .
Notice is hereby given that as of this date the decision
I
of the Board of Appeal has been filed in the officke of the
City Clerk to grant the petition of John Occipinti for a
special permit to allow construction of a second story
deck and stairway at 108 Margin St .
BOARD 'OF APPEAL
Brenda M . Sumrall
Clerk of the Board
Appeal from this decision if an shall be made pursuant to Section 17 of
Flpp,a Y,
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chap'er 808, section 11, the variance
or Special Permit granted.herein sh,l 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 or the owner of record Or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
I
S t�'
DATE OF HEARING_
i
PETITIONER-� �
0
LOCATION
MOTION: TO GRANT____I � SECOND
TO DENY SECOND c/
TO RE—HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE—HEAR CONTINUE
RICHARD BENCAL
RICHARD FEBONIO � .
JAMES 'FLEMING
EDWARD LUZINSKI
JOHN NUTTING
ASSOCIATE MEMBERS
PETER DORE
ARTHUR LABRECOUE
CONDITIONS: I
9
a.r umcr4
CitV of YPDIy,
% F ]fire Department D)eabquartcr5
Nfl,mtE�
4SIMapette street
)alem, fKa.01970
Joseph F. Sullivan
Chief
City of Salem Re: 108 Margin Street
Board ob AppeaQ John Occhipinti
One Salem Green Hearing date: -Testy 19, 1989
The pnope, ty located at #108 Margin Street hese no cuAAeat comptianee with
the pnovisionh o5 Chapter 148, Section 26E, Maaaach"ettts Genenaf Lawn
relative to the instaZtatioa o4 automatic smoke deteato)Lz.
The Salem Fine Depa4,tment has no objection to the gna.nttng ob a Special
Permit to construct a second htony deck and .sta.inway at this location on
the condition that the owner obtain compt(ance. {4om the Fine Prevention
Bureau pxioa to the -iszuanee o4 a building permit.
Signed,
Robert W. Tunnen,
Fine Ma+ehhal
a.con�4
b Citp of *aCrm, Alam6arbuoto
lire Department �)eabquarterg
481afapette 6treet
*alrm, 10a.01970
Joseph F. Sullivan
Chief
City o4 Satem Re: 108 Maag-i.n Stxeet
Board ob Appeal John Occhipinti.
One Salem Gxeen Hean.i.ng date: Ja2y 19, 1989
The pxopenty tocated at 0108 Maxg.in. Stxeet ha3 no cuxxent compliance with
the pxovis-ion.a ob Chapter 148, Section 26E, Maa.aachuaetta Geneaat Law
xekative to the dn,6taUattion ob automatic .smoke detecto".
The Satem Fine Depaxtment ha.a no objection to the gxanti.ng o4 a Spec.i.aB
Penm-it to co"txuct a second .6toxy deck and 4tat4my at thin tocation on
the condition that the ownex obtain compliance �Aom the Fine Pxeventi.on
Bureau px ion. to the issuance o4 a building permit.
Signed,
Robext W. Tunnex,
Fine Manbhat
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by John Occhipinti
for a Special Permit to construct a second story
deck and stairway at 108 Margin St. (R-2). Said
hearing to be held Wednesday, July 19, 1989 at
7:00 P.M., One Salem Green, 2nd floor.
JAMES M. FLEMING, Chairman
July 5, 12, 1989
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by John Occhipinti
for a Special Permit to construct a second story
deck and stairway at 108 Margin St. (R-2). Said
hearing to be held Wednesday, July 19, 1989 at
7:00 P.M., One Salem G
JAMES M QFLEMING n, 2nd floor.
July 5, 12, 1989
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by John Occhipinti
for a Special Permit to construct a second story
deck and stairway at 108 Margin St. (R-2). Said
hearing to be held Wednesday, July 19, 1989 at
7:00 P.M.,One Salem G
JAMES M QFLEMING n, 2nd floor.
July 5, 12, 1989
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by John Occhipinti
for a Special Permit to construct a second story
deck hearingdto be held at 108 Wednesday,'July 19, 11Said
9 9at
7:00 P.M., One Salem Green,
CFLEMING floor.
JAMES M Chairman
July 5, 12, 1989
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
fi4 OF APPEALS Salem, Atsear4usetts
ditv of
TO THEC�'P'POHFL'§PKi�'
The Undersigned represent that,� he is are the owners of a certain parcel of land loc ted
at NO. . ./0H. �YJ�ad�Z� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals 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 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 dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
a
Y
!fF
Owne r. . . . . . i70i . .... . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . .
Sodr 74�/�6 z
ILI Telephone. . . . . . . . . . . . . . . . . . . . . .
Peti ti oner. d�'�. . ���y!P(n.fi,
qq Address. . . ... . . . . . . . . . . . .
•. . . . . . . . . . . . . . . . . . . . . . . . .
Date. . . . . . !. . . . . . . . . Tel ep ne. . . �!1`. . .7.5e./.��'? 95 . . . .. . . . . . .
By. . . (7�'r^!`o!�. . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO....................................
PETITION TO BOARD OF APPEALS
LOCATION
PETITIONER..........................................
ADDRESS...............r...............................
..1 c ; * .
................................................
CONDITIONS
.................................................................
........................ .......................................
................................................................
.................................................................
.................................................................
.................................................................
PETITION APPROVED.................... ❑
DENIED......................... 0
...................................................1 19.........
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•
BOARD OF ASSESSORS •
CITY HALL PAGE. Al- I
'A' a
A TE�%
I A
4
4 5
5 SUBJECT PROPERTY: PIAP. 25 LOT: 0642:4 6 SUFF. 0
PROPERTY ADDRESS: 0108 MARGIN STREET 8
1; R 0$A S ......T �'o
7 AS SE S SE rl,� 0 j-.j-1 4 Epo 0 tl F 7-77, 7
............. •
10
. .......... ......
..........
121
0 MAP LOT SUFF PROPERTY ADDRESS ASSESSED OWNER MAILING ADDRESS
0:1 ✓ �4
12 24 0l' 0 Z20 1 0099 MARGIN STREET' MASS BAY TRANS AUTH P 0 BOX 3007
73 ................. .......
0 NN kYiRE"�R 17
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6 1:5°0641 0112' MARGIN S T R EET FIVE GABLES REALTY TRUST 17 WHITTIER E
STRET 21
0 :7 FEN NO LEONARD F ETAL TRS BEVERLY NA 01915 220
23
is 25 0643 0106 MARGIN STREET SPINALE YOLANDA C 106 MARGIN STREET 24
lq:",—......... .......
25
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11 27
21 28
22 2-5 0645 0098 MARGIN STREET QUARTARONE GIOVANNA 98 MARGIN ST 29
300
023 SALEM MA 0-1970 31
24 25 0646 0096 MARGIN STREET' DEFRANCISCO MARGARET' 96 MARGIN STREET 32
...•26 5 0647 ........
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028 75 0648 0007 PRESC077 STREET GUINTA MARIA E7 ALI 7 PRESCOTT STREET 31
29 c
SALEN MA 01970 38.0
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