20 RAWLINS STREET - ZBA 20 Rawlins St. R-1
Dana & Claudia Nicgorski
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DECISION ON THE PETITION OF DANA & CLAUDIA NICGORSKI FOR
A VARIANCE FOR 20 RAWLINS ST. , SALEM
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A hearing on this petition was held June 26,JU0J w2h56tFeMfKowing Board Members
present: Edward Luzinski, Acting Chairman; Messrs. , Charnas, Gauthier, Strout and
Associate Member Bencal. Notice of the hear%ikas sent to abutters and others
and notices of the hearing were properly pu i ;�5 �_in Evening News in
accordance with Massachusetts General Law ChIp�e�r"4�A. ,
Petitioners, owners of the premises, request a Variance from all applicable
density requirements to construct a 26' x 36' garage in this R-1 district, as
shown more particularly in a plan filed with the Board. The Variance requested
would allow lot coverage to be 37% instead of 30%, side yard setback to be five
feet instead of ten feet, and rear yard setback to be five feet instead of 30 feet.
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 or structures in the same district;
b, literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to the petitioner; and
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 hearing the evidence presented at the hearing, and after
viewing the plans, makes the following findings of fact:
1 . No opposition was presented to the plan;
2. The shape of the lot is uniques in the district, and presents an
adequate size garage from being built within the requirements of the
Ordinance;
3. Without a garage, the petitioners would suffer hardship because of
the decreased marketability of the lot.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, Board of appeal concludes as follows:
1 . Literal enforcement of the Ordinance would create a substantial
financial hardship on petitioners;
2. The above described special conditions which affect the lot are unique
to the lot and do not affect the district generally;
DECISION ON THE PETITION OF DANA & CLAUDIA NICGORSKI FOR
A VARIANCE FOR 20 RAWLINS ST. , SALEM
page two
3. The relief requested can be granted without substantially derogating
from the intent or purpose of the Zoning Ordinance and .without
substantial detriment to the public good.
Therefore, the Zoning Board of Appeal voted four to one, Mr. Bencal voting present,
to grant the relief requested, provided that:
1 . The entire premises conform to all applicable laws and regulations
regarding the installation of smoke detectors;
2. A minimum of five (5) parking spaces be maintained on site for
so long as the dwelling on the premises remains a three family dwelling.
VARIANCE GRANTED
I
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, IF ANY, SHALL BE VIADE PURSUANT TO SECTION 17 OF THE N,ASS.
GENERAL LAWS, CHAPTER VE, AND SHALL BE FILED W;TSIN 20 DAYS AFTER THE WE OF FILINGS
CF THIS DE::ISIGt IN THE OFFf:.E OF THE CITY CLERK.
PUESAiT TC VL,'-S. L^Yi S. C�^.FTER &0C, SECT':': 11. THE \'A?,;A",CF OR SFE=1AL PER\SIT
CRAIJED 'HERE". SHALL t;:i 1r.4E Urr ECT UNTIL A COPY OF Tn=!ECiS:C' , BE %?:: THE CERT-
FICATIGH OF THE (IFY CUR`; THAT 20 DM S HAVE ELAVEED Ah;J AFF=AL H:3 DEEN FILED,
OR THAT, IF SU,H Aa APPEAL HAS BEEN FILE, THA. IT HA$ EEE', „'/'SEE? O3 DE!H:D IS
RECORDED IF THE SOUTH ESSEX REGISTRY OF DEEDS AND IND"c+ED THE ICW-!E OF THE OWNER
OF RECORD OR IS RECORDED AND NOSED ON THE OVNER'S CEP.TIFiCATE OF TITLE.
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