55 OCEAN AVENUE - ZBA 55 OCEAN AVENUE
- --- - ---
RICHARD NEWgURG
R
_ f
L
M�
' 1 Y -F SALEM. M
f�tt ofttlPm, uSstzLljusP#fs C! ERr'S OFFICE
4 �gDttrD Df 'tAupeal
1999 A,10 -U P j: t
DECISION ON THE PETITION OF RICHARD NEWBURG REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 55 OCEAN AVENUE R-2
A hearing on this petition was held on July 21, 1999, with the following Board Members
present: Nina Cohen, Chairman, Stephen Buczko, Stephen Harris and Richard Dionne.
Notice of the hearing was sent to abutters and other and notices of the hearing were
properly published in the Salem Evening News in accordance with Massachusetts .
General Laws Chapter 40A.
The petitioner requesting Variance from curb cut ordinance to allow 2 separate cuts for
the property located at 55 Ocean Avenue.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner
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 or 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 sought a variance from the curb cut ordinance to allow 2 separate cuts
for the property.
2. The petitioner, Mr. Newburg represented himself at the hearing.
3. Mr. Newburg asked for an 11 foot curb cut on one street, and a 13 foot curb on the
adjacent street in order to alleviate parking problems for tenants.
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. Special conditions do not exist which especially affect the subject property and not
the district in general.
DECISION OF THE PETITION OF RICHARD NEWBURG REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 55 OCEAN AVENUE R-2
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
TherefoPe, the Zoning Board of Appeal voted 3 in favor and lih—opposition to grant the
requested variances: Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
July 21, 1999 / p�j CSc~`
Richard Dionne, 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 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 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 passed 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 owners Certificate of Title.
Board of Appeal
PETITION- DATE of HEARING
O
Locariow �� O e��
NOTION: TO GRANT SECOND AMEND24ENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
I
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT „ DE11Y AMEND WITHDRAW RE-HEAR CONTINUE
wind V. C0HEN—
,iICHAEL WARD
RONALD HARRISON
STEPHEN BUCZKO
RICHARD DIONNE
'SSOC=A.TE "Ei'BERS
ll
11
CONDITIONS:
2hi� .
APPEAL CASE NO. . . . . ... . . . . . . .
T
S
j��� TIfj7 of ��11Pm, c�c`I��c`IL�11I�Pff�
of c� Pul
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located
�S 6Cc R-n/ 4V� . . _Street; Zoning District. . . . . . . . . . . . . . . . . . . . :
at: . . _ . _ .
and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . . . . . . . of the Massachusetts
State Building Code.
#.�lansc�escribing the work proposed have been submitted to the Inspector of Builfi-'ngs
CLin acFDrda with Section I% A. 1 of the Zoning Ordinance. r)
ti
rn
zz
p Ln
C->Q YV m
h CTS
w� YX
N �>
Cl)'
m F9.
U _
The Application for Permit was denied by the Inspector of Buildings for the following
reason(s) : /
The Undersigned 'hereby petitions the Board of Appeal 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 derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
2
ss
olO Ower. A(C(+/KLT) NL-W S U2(�-
Address. _ ( �. . SCS 2d S
���� Telephone. - _ �nn_'1I_-�/? �. . . . . . . . . . . . . . .
o,/�0 Petitioner. . .I`.f((.- - .. . . .. . . . . . - -
Address_ . 7 _�. >�_LY. . .&Cc . - - . 1/ f .
Dace. . . . . . . . . . . . . . . . . . . . . . Telephone. . . n. . . . . . . . . . . . . . . .
By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary- of the Board of Appeal_ '
with a check, for advertising in the amount of 5. . . . . . . . . . . . . four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
i
�� .
APPEAL CASE NO. . . . . . . . . . . . . .
n'tT of
�DEiT1� ff{ C�TT�TP71I
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at: . _5S SCcfinJ 14-VE
• • • • • . . . . . . . . . . . . .Street; Zoning District. . . . . . . . . . . . . . . . . . . .
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 I% A. 1 of the Zoning Ordinance. c�
F- m C-)-a
[i -<
LU
ca u, >W r cnu
4JUj n rn
® l.L .y1
C17 O
N y r
N
The Application for Permit was denied by the Inspector of Buildings for the following
reasou(s) :
I
The Undersigned hereby petitions the Board of Appeal 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 derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow—
ing reasons:
s
Oj d�
6 n
Owner. . («'�D i:;Cw'aviZCT . . .
.. . .I�. . c.
J Address_ . .(. . /v2RCeS 2d fix.. . .
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
Petitioner. . .1(C } /JE nJ9o26
5. . . . . . _ .( . .
Address. . 7 . :[v
--5- - -
Date
_ -Date. . . . . . . . . . . . . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . .
By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of Appeal_
with a check, for advertising in the amount of $. . . . . . . . . . . . . four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
�eefuN(3' kuj - T, '-"(V Z/St
APPEAL CASE NO. . . . . . . . . . . . . .
Of *IIPTIt, c�c`I��c`ILi11I�P#fS
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located
5S 6Gcl+n/ Qv�. _ . . . . _ . _ . .Street; Zoning District. . . . . . . . . . . . . . . . . . . . :
at: . . . . .
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 Buildd:ngs
in accordance with Section I% A.1 of the Zoning Ordinance.
� n a
Woff— pp—
O � l
9 "� rn
W a n s
n•
N
c J
The Application for Permit was denied by the Inspector of Buildings for the following
reason(s) :
I
i
The Undersigned hereby petitions the Board of Appeal 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 derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow—
ing reasons:
s
s6�r�r
0 l� 0'>,yo Owner. _a\(rrC77EFh2D NL"w�V26-b 0 Address. _ .(. . N:t�.�- - �R-d.�. _�. .. ..�. _ . . .
�V/z Telephone. . _ 7.`i-- �Z�. . . . . . . . . . . . . . .
Petitioner. . . .«4. . A)ow3o26-
7 n 7 . _5. . . . . _ _ .
Address. . /. . ..:LL�i�.�j. . .1'
Date. . . . . . . . . . . . . . . . . . . . . . Telephone. . . 7.(.?-.9. . . . . . . . . . . . . . . .
By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of -Appea_
with a check, for advertising in the amount of $. . . . . . . . . . . . . four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
gc(z'�,V�- tO J • -)i V z/S f