55 MEMORIAL DRIVE - ZBA (3) 55 MEMORIAL DRIVE ,
MARGARET PRESS
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DECISION OF THE PETITION OF MARGARET PRESS REQUESTING A VARIANCE /
FOR THE PROPERTY LOCATED AT 55 MEMORIAL DRIVE R-1
A hearing on this petition was held October 20, 1999 with the following Board Members
present: Nina Cohen, Chairman, Stephen Harris, Michael Ward, Stephen Buczko 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.
The petitioner is requesting a Variance from rear setback to construct a 6 x 10 garden
shed for the property located at 55 Memorial Drive located in an R-1 zone.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. 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. Petitioner, Margaret Press, represented herself.
2. The petitioner requested a variance for the rear yard setback in order to construct a 6
x 10 feet garden shed. The Petitioner's property borders the encroachment area for
Collins Cove.
3. The petitioner presented a plot plan, prepared by Carter & Towers Engineering Corp.
of Swampscott, Massachusetts.
4. Petitioner also presented sketches and a picture of the proposed garden shed.
5. There was no opposition to the proposal.
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DECISION OF THE PETITION OF MARGARET PRESS REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 55 MEMORIAL DRIVE R-1
page two
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, 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 is to obtain Building Permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure. o (r
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having ??�
jurisdiction including, but not limited to, the Planning Board. o 0
8. The proposed garden she lie within the property line of 55 Memorial Drive.
Variance Granted
October 20, 1999 `
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
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.