31 MARLBOROUGH ROAD - ZBA (3) 31 MARLBORODGH ROAD
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CITY OF S.ALEM
BOARD OF APPEAL
745.0595,Ext 381
will hold a public hearing for all
persons interested in the peddon sub.
mltted by CARLOS&MARY COR-
IDEA requesting Variances Rbm rear
yard setback to construct an 18'x22'
r addition for the property located at 31
MARLBOROUGH ROAD, R-1.Said
hearing to be held WEDNESDAY,
FEBRU4RY 19,2003,at 6:30 P.M.,
120 WASHINGTON STREET,3rd
FLOOR,ROOM 31a
Nine Cohn,Chairman
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4<<` BOARD OF APPEAL CLERK SALr , MA OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM. MA 01 970
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TEL. (978) 745-9595
FAx (978) 740-9846 ,1001 FEB 20 P C
STANLEY J. USOVICZ, JR. S' 0J
MAYOR
DECISION OF THE PETITION OF CARLOS & MARY CORRIEA REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 31 MARLBOROUGH ROAD R-1
A hearing on this petition was held February 19, 2003 with the following Board Members
present: Nina Cohen, Richard Dionne, Nicholas Helides, Stephen Harris and Joan
Boudreau. 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.
The petitioner is requesting Variance from rear yard setback to construct an 18 x 22
addition for the property located at 31 Marlborough Road located in an R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. Desirable relief 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.
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. The petitioner appeared and represented himself at the hearing.
2. Plans were shown showing the proposed addition.
3. Petitioner seeks a relief from the rear yard setback.
4. Councillor O'Leary spoke in favor of the petition.
5. There was no opposition to this petition.
CU RK'S OFFICE
DECISION OF THE PETITION OF CARLOS & MARY CORRIEA REQUESTINIj
VARIANCE FOR THE PROPERTY LOCATED AT 31 MARLBOROUGH ROAD fEB 20 p S. 05
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
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 5-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per plans submitted and approved by the Building
Commissioner.
4. 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.
VARIANCE GRANTED
FEBRUARY 19, 2003
Nicholas Helides
Board of Appeal
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P2 UQB LI��Ctt;;P'' ROPRrE�R�T?'Y DEPARTMENT
OF THIS DECISION HAS BftYllkt.0,6TVA;T���LAtJ��SING BOARD AND
TY CLERK
�Feg� TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. Us4We$I,fDWm this decision, if any, shall be made pursuant to Section 17 of the
MAYOMassachusetts General Laws Chapter 40A, and shall be filed within 20 day
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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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REFERENCE:
DEED..RE8,Ell. P:T C f R-r OF -r1 E 6(o(o �'•
PLAN: 11802 8 �p1S OFh THIS PLOT PLAN WAS NOT MADE FROM
TO: BosTu FEOLRfN" SAVlN65 BRNK � SgQy AN INSTRUMENT SURVEY AND IS FOR
GAIL THE PURPOSES OF THE BANK ONLY. UNDER
I CERTIFY THAT THE BUILDING(S1 SHOWN HEREON L. NO CIRCUMSTANCES ARE OFFSETS TO BE
ARE LOCATED ON THE GROUND AS SHOWN AND THAT THE $ SMITH w USED FOR ESTABLISHMENT OF FENCES,
CONFORM TO THE HORIZONTAL DIMENSIONAL REGULATIO Nc.35043 WALLS,HEDGES,ETC.
OF THE ZONING BYLAWS OF THE C I Tq OF S iMA g
M-AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDE ''¢ FGIST �O TGAGE INSPECTION PLAN
GENERAL LAWS CHAPTER 40A SECTION 7. �S9ip4,u LpN0 ATED AT
I ALSO CERTIFY THAT THE DWELLING SHOWN IS NOT 31 MARLBOROUGH ROAD
LOCATED WITHIN A FLOOD HAZARD ZONE AS SALEM
DELINEATED ON THE MAP OF COMMUNITY# 2.SO102 PREPARED FOR
s19L£M , MA-EFFECTIVE 8i51$5' Mhl:Y J', COn/L.i�/
THE FEDERAL EMERG CY MANAGEMENT AGENCY.
/�� L 5� •1/ l� ��Q SCALE 1"=20' OCTOBER 201 I998
•••a.'T M••-�a NORTH SHORE SURVEY CORP.
TE -'REG.PROFESSIONAL LAND SURVEYOR 47 LINDEN STREET- SALEM,MA.
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