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CPfY OF SALEM
1 .BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition
submitted by JOHN&ANNA SNOW
requesting a ' Variance/Special
Permit from rear setback to construct k
a garage for the property located at M
54 OSGOOD STREET (R-1). Said
hearing to be held WEDNESDAY, '
APRB. 16, 1997 AT 6:00 P.M., ONE
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SALEM GREEN,2nd Floor.
_ - '
Gary Barrett,Chairman
(4/2.4/9/97)
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of $Ulem, � usstttljusetts
Pourd of peR 29 2 u '�8 '9i
DECISION OF THE PETITION OF JOHN & ANN SNOW REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 54 OSGOOD STREET (R-1) CITY OF SALFM. MASS
CLFRK'S OFFICE
A hearing on this petition was held April 16, 1997 with the following Board
members present: Gary Barrett; Chairman, Nina Cohen, Joseph Ywuc, Arthur
LeBrecque 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.
Petitioner, requests a Variance from rear setback to construct a garage
for the property located at 54 Osgood Street (R-1) .
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
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. The petitioner requests to construct a 24 x 24 two car garage.
2. The petitioner also requested to withdraw the Special Permit without
prejudice. Petitioner's motion to withdraw the Special Permit was
granted by a unanimous vote by the Board.
3. There was no opposition to this petition.
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. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
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 basis 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:
J
DECISION OF JOHN & ANN SNOW REQUESTING A VARIANCE FOR THE PROPERTY
LOCATED AT 54 OSGOOD STREET (R-1)
page two
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4. Exterior finishes of the new construction shall be in harmony with the
existing structure.
5. Petitioner is to obtain a building permit prior to beginning any
construction.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
April 16, 1997
� v
-Joseph Ywuc, 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 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 of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
DATE 0: HEARING J �}
PETITIONER
LOCATION
, OTION: GRANT / SECOND .AMEND%-,T SECOND
-D DENY SECOND
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7-1
RE—HEAR SECOND
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'b;ITHDRAW SECOND
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CONTINUE SECOND
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ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE—HEAR CONT
GARY N.. BARRETT
ALBERT C. HILL
JOSEPH YWU
NINA V. COHEN
RICHARD DIONNE
ASSOCIATE '•:EhiBERS
ARTHUR LE3RE000E
PAUL VALASiiATGIS
CONDITIONS : '
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~OQ APPEAL CASE NO. . . . . . .
a �uw1P7�?, `?'31'l�I �CTii$r11S
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TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at: ..7.y• OQ .Y.T
. . ... . . .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 1% A.1 of the Zoning Ordinance.
DIRECT APPEAL o' s
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APpl eation for Permit was denied by the Inspector of Buildings for the following
reason(s):
DIRECT APPEAL
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:
Variance/Special Permit from rear setback
to construct garage
Owner. . T?'v �N4'9 SA/Yvl/
.. .. . .. .../... . ...... .. ......
Address. .:�`.y- .QS�4u9.. ST
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Telephone. Au ..7?�S. .vG��./.. . .. ......
Petitioner. .
/ / . - �. •. - •. -
. Address... . . . . . . . .. . .
. . . . . . . . . . . .. ......
Date..3l.�� J. �.
-•... . . . Telephone. . . . . . . .. . . . . . . . . .
By. . . . . . .... . ..... . .. ..
Three copies of the application must be filed with ecretary of the Board of Appeal
with a check, for advertising in the amount of $. .. ....
" `� � �tpeal. Check Te •• • • four weeks prior [o the
paya6Te to the Salem Eve News_
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PLOT PLAN OF LAND IN SALEM, MA.,
SCALE: 1"=20'
DATE: MARCH 6, 1997
NOTE: OFFSETS SHOWN ARE APPROXIMATE BY TAPE SURVEY
BAYSTATE SURVEYING ASSOCIATES
200 CUMMINGS CENTER SUITE 316J
BEVERLY, MA., 01915
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