12 PHILLIPS STREET - ZBA 12 PHILLIPS STREET (R-1 ) i
STEVEN J. PELECHOWICZ
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DECISION OF THE PETITION OF STEPHEN J. PELECHOWICZ REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 12 PHILLIPS STREET iR-1)
A hearing on this petition was held July 26, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill,
Nina Cohen and Arthur LeBrecque. 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, owners of the property requests a Variance from side setbacks
to construct a deck and a pool for the property located at 12 Phillips
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. There was no opposition to the petition.
2. The proposed location of the deck and pool is the only location that
will allow for access to the rear yard.
3. The granting of this petition will enhance the quality of life for the
petitioner.
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.
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DECIS O?i OF 'HE 77TITION OF STEPHEN J. ?ELECHOWICZ REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 12 PHILLIPS STREET R-1)
page two
Therefore, 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 statutes, ordinances,
codes and regulations .
2. All construction shall be done as per the plans and dimensions
submitted.
3. Petitioner shall obtain a building permit prior to beginning any
construction.
Variance Granted
July 25, 1995 _ems. ( /�` v
Stephen C.Touchette, Chairman
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 OF HEARING
PETITIONER --�
LOCATION
MOTION: TO GRANT SECOND / AMENDMENT SECOND
70 DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANTS DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
STEPHEN O'GRADY
STEPHEN TOUCHETTE /
NINA V. COHEN
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
CONDITIONS:
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APPEAL CASE NO. . . . . . . . . . . . . .
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�Saarb of c Feral
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at:. --&Llrce' -�. _„Street; Zoning District....-
and said parcel is affected by Section(s).. .........
.. ......... ........... of the Massachusetts
State Building Code.
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Plans describing the work proposed have been submitted to the Inspector-,,of Bfindings
in accordance with Section I% A.1 of the Zoning Ordinance.
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The Appmeatfon for Permit was denied by the Inspector of Buildings for the following
reasou(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 Bu
approve the application fee Building said
to.
Zoning By-Laws and Building Codewould practical ed, as tdiffhe icultyortunnecessary
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:
I r
Owner.
..... ........................
Address..�......! 1. 1 ....................
Telephone.7l.7. =1,,../ ..................
Petitioner......... �,le-led'o"fc-c
Date...45W........... TeleVhone. Z .1` ..�x-?3.� .... .............
By-
Three
yThree copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of
meeting of the Board of Appeal, Check payable to the Salem Evening News. prior to the.
NO. . . . . . . . . . . . . . . . . . .
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PETITION TO BOARD OF APPEALS
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LOCATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner_ . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PELT MON APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( )
Date : . . . . . . . . . . . . . . . . . . . . 19. . . .
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CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext. 381
Will hold a public hearing for all persops inter-
ested in the petition submitted by STEVEN J.
PELECHOWICZ requesting a Variance from side
setback to construct deck & Variance from side
setback to construct a pool for the property located
at 12 PHILLIPS STREET (R-1). Said hearing to
be held WEDNESDAY, JULY 26, 1995 AT 6:00
_ P.M., ONE SALEM GREEN, second floor.
STEPHEN TOUCHETTE, Chairman
July 12, 19, 1995 SN44988 1
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ine location orthe uldings ass own, either complied with the in the special flood hazard zone, as defined by H.U.D.
local zoning set backs at the time of construction or is exempt .Whenever an offset is V±or less, an instrument survey
from violation enforcement action under Mass. G.L.Title VII is recommended to determine prop. lines.
Chapter 40A Section 7. •Offsets shown are approximate by tape survey.
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MORTGAGE INSPECTION
BAY STATE SURVEYING ASSOCIATES
234 CABOT ST., BEVERLY MA
LOCATION NOTES:
SCALE = I° _ !O FT, DATE --• �� 2� 9 •This is a Mortgage Inspection survey and not an
instrument survey,therefore this plot plan is for
REFERENCE aE?[� . .� ys . .��?....V ........ mortgage inspection purposes only.
G�SSE �7�"_.•'Q t4�Y•. ... ....... •This survey is based on survey marks of others.
. ....
... .... .. .. . .. .. ..... .... . .... .. .... .... •Bushes, shrubs,fences and tree lines do not
To E—A/V I''2e �R necessarily indicate property lines.
-" " "- '-.--•'••. • In my professional opinion the building(s)are not located
The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D.
local zoning set backs at the time of construction or is exempt •Whenever an offset is 1't or less, an instrument survey
from violation enforcement action under Mass. G.L. Title VII is recommended to determine prop. lines.
Chapter 40A Section 7. •Offsets shown are approximate by tape survey.
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