22 PROCTOR STREET - ZBA (2) 1 22 Proctor St. R-2
Joseph McNeill — "-
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CITY CLEI.K, E
DECISION ON THE PETITION OF JOSEPH O'NEILL FOR A
VARIANCE AT 22 PROCTOR STREET (R-2)
A hearing on this petition was held October 26, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting
and Associate Member LaBrecque. 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, owner of the property, is requesting a Variance from side setback
requirements to allow construction of an addition in the rear of the property
which is located in an R-2 district.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and 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 and
after viewing the plans, makes the following findings of fact:
1 . Ward Councillor spoke in favor as did three abutters;
2. No one appeared in opposition;
3. Addition of a bedroom is needed due to growing family;
4. Because of the location of ledge on the property, locating the
addition elsewhere would not be feasible.
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 exist which especially affect the subject property but
not the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve a
substantial hardship to the petitioner;
3. The relief requested can 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.
DECISION ON THE PETITION OF JOSEPH O'NEILL FOR A VARIANCE AT
22 PROCTOR STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . All construction be as per plans submitted to the Board;
2. Exterior finish be in harmony with the neighborhood;
3. All construction conform with state and local codes;
4. All requirements of the Salem Fire Department be adhered to;
5. A Building Permit and a Certificate of Occupancy be obtained.
VARIANCE GRANTED
✓John R. Nutting, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
_ SH�IL GE K.'p[ PURSUANT TO SECTm0j 17 DF THE
-P AND SH„LL !'E Fi:Cd 17iTHIN 2, DAYS Ai7ER THE DATE C: FILCn;.
- I:: THE C, ICE -IF THE CIn CLIR'
CIIAPTER F.03 SECTION IL THE VARIANJC OR... ., LI I;' 1',:E EFFECT UNTIL A COPY OF THE".`[C
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API'E%L H=,S E_E% FILE. THAT IT HAS BEEN DIS71S°ED OR 5ENirD I$
RECCRb E_' iN }{;E S, UIH ESSEX REi.WRY OF DEEDS AND INDEXED UNOER THE NA'CE OF THE mlrlED
OF RECORD OR IS RECURDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE
BOARD OF APPEAL
MORTGAGE INSPECTION PLAN
The certification on this plan is made for financial purposes only.The undersigned will not be responsible if this
plan is used for boundaries, fences, plantings, additions, special permits or variances.
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THIS IS A MORTGAGE LOAN INSPECTION FOR FINANCIAL PURPOSES ONLY
Location SAT.FM MA aL_QH119ETTS
cm OR TOWN STATE
Datp July 20 , 1988 Scale: 1 inch= 2° feet
Deed and Plan Reference:
g�
Essex South
Registry of Deeds
Deed Book 7555 Page 2 2 3 Plan Book Page
.E ® Cert. of Title No.
Certification is hereby made to: George A . Breau , Jr . and Joseph
:;.� ' ' � � •i O ' Neill and First Trade Union Savings Bank , FSB
that the existing structures as shown are situated on the lot designated in com-
pliance with the applicable Zoning By-laws for setback, area and frontage re-
�I ro lil Il��dllpdp:i;�r
Y quirements of the municipality when constructed.
Certification is hereby made that the structures shown on this plan IS NOT
3t.OR OF At. located within a Special Flood Hazard Area as delineated on the FIRM map of
S AFO9O�'� Community Number 250102 0001E Date Auqust 5 , 1985
r MALIN This plan was prepared to conform to the regulations of the Commonwealth of
u JOHNSTON a Massachusetts 250 CMR 6.05.
No.27201
oFF �o+ MALCOLM N. JOHNSTON CO.
By: t'b 7urr'- 1100 MASSACHUSETTS AVENUE -
ALLAND ARLINGTON, MA 02174 I A-10682
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