226 NORTH STREET - ZBA 226 NORTH STREET
ST. MARY'S CEMETERY
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DECISION OF THE PET Ls T ITION OF ROMAN CATHCL"i C ARCHBISHOP � �ASTOh�
REQL'ESTISC A VARIANCE FOR THE PROPERTY LOCATED AT 226 NORTH. STREET . (3-1=)
A hearing on this petition was held August 21. 1996 with the following
Board members present: Cary Barrett, Chairman, Albert Hill. Arthur
Lebreque. Richard Dionne and Paul Valaskatgis . Notice of the hearing was
sent to abutters and others and notices of the hearing were properly
published in the Salem Even:ng News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner, requests a Variance from front setback to allow an addition to
the office for the property located at 226 North 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
invoive substantial hardship. financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nuilifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeai, after careful cons:deratiens the evidence presented at
the hearing, makes the following findings of fact:
1. Jim Walsh, Engineer for the Archdiocese of Boston. and Assistant
Director of Cemeteries. appeared on behalf of the petitioner.
2. The proposed construction of the addition _he existing office building
at St. Mary's Cemetery will be part of a SZ50,000 improvement project
at tie cemetery which will include roadwor:{, water work and fence
repairs .
3. The proposed office building addition wii'_ be 24 ' x 24 ' and will be one
story.
4 . The front setback will to five (5) feet.
5. Jim Cooke, Petronelli Construction, :nc. appeared on behalf of the
petitioner and described the proposed construction.
6. Sally Hayes, Ward 6 Councillor, spoke in favor of the petition.
There was no opposition to the petit:on.
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. iteral enforcement of the provisions of the Zoning Ordinance would
_nvoive substation hardship to the petitioner.
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DECISION; OF THE ION OF ROMAN CATHOLIC ARCHBISHOP OF BOSTON
REQUEST-`;G A VARIANCE FOR THE PROPERTY LOCATED AT 226 NORTH STREET. (R-1 )
page two
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.
On the tasis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 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 plans and dimensions which are tc
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Petitioner shall obtain building permit prior to beginning any
construction.
3. Exterior finishes of the new construction shall be in hafmony with the
surrounding neighborhood.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
Variance Granted
August 21. 1996
Gary Barrett, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED `6ITH 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 Citv
Clerk. Pursuant to Vassachusetts 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 3eeistry 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