7-9 STEARNS PLACE - ZBA r -
7-9 Stearns Place R-2
N. & S. George (owners)
— -\ P. & J. George (petitioners',
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CITY CLERK. SALEM. MASS.
DECISION ON THE PETITION OF PETER & JANET GEORGE FOR
VARIANCES FOR 7-9 STEARNS PLACE (R-2)
A hearing on this petition was held October 28, 1987 with the following Board
Members present: James Fleming, Vice Chairman,; Peter Dore, Acting Secretary,
Messrs. , Luzinski, Strout and Associate Member Labrecoue. Notice of the hearing
was sent to abutters and others and notices or the hearing were properly published
in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
The petitioners, owners of the property, are requesting a Variance from density
and setbacks to allot, parcel to be divided and to construct a single family
dwelling on lot two. Property is located in an R-2 district.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. specia_ conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting ether 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; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substan�ially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Acpeai, after careful consideration of tt=_ evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
i . There was no opposition;
2. Councillor Furf aro spoke in favor;
3. This is a large lot and hard to main,ta-n;
4. Division of the lot would result in creating two lots that will
be as large or larger than other lots in the neighborhood.
On the basis or the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which affect the sut.ect property but
not the district generally;
2. Literal enforcement of the provisions of the Ordinance would result
in substantial hardship to the petitioner;
L. The relief requested can be granted without :bstantial detriment to the
public good and without nullifying or substar-`ially derogating from the
intent o` the district or the purpose of the Ordinance.
DECISION Old THE PETITION OF PETEF. 5 JANET GEORGE FOR VARIANCES
FOR 7-9 STEARNS PLACE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Proposed construction shall conform to all applicable provisions
of the Massachusetts State Building Code, the Salem Fire Prevention
Code, the Salem City Ordinances, and Massachusetts General Laws,
relative to fire safety;
2. A Building Permit shall be obtained from the Inspector of Buildings
prior to any construction being started;
3. New construction shall co^form with the existing neighborhood;
4. Property numbering for the proposed dwelling shall be obtained from
the City Assessor;
5. Petitioner shall obtained Form A approval from the Planning Board;
6. Work tc be in accordance with plans submitted to the Board of Appeal;
7. A Certificate of Occupancy is tc be obtained prior to the occupying
of proposed dwelling.
VARIANCE GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISIONd HAS BEEN F-LED WITH THE PLANNING BOARD AND THE CITY CLEF.K
F T- H'-- CF __.
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V &FDQU On IS REGORDED ARG 0= C'i Th- LbnER S -_E.
BOARD 0. APPEAL
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We, the undersigned , abutters and nearby homeowners to that certain
parcel of land located at 7-9 Stearns Place, Salem, wish to be
recorded In favor of the granting of the Salem Board of Appeal of
the variance sought by Peter N. George and Janet R. George, which
hearing Is to be held on October 28 , 1987 . The reasons for the
petitioning of said variance have been fully explained to us and we
are of the opinion that the granting of said variance will in no way
be detrimental to the public good and will not derogate from the
Intent of the Zoning Ordinance.
NAME ADDRESS
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APPROVAL UNDER SUBDIVISION CONTROL PLAN AND DEEDs ATLANTIC ENGINEERING & SURVEY
LAWS NOT' TLEQUtTZCo REFERENCES RECORDED : CONSULTANTS, INC.
$. ESSE.X REGISTRY. a S U I3 D I V I S I O N
13K 313Co PG Z38 33 W. MAIN ST. GEORGETOWN, MASS.
1. 3780 •• 1GO 38 I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN PLAN OF LAN D
CONFORMANCE WITH THE RULES AND REGULATIONS OF I
THE REGISTERS OF DEEDS. _
1 0-1 CITY L�Yo ur 7 °` ss� SALEM , MASS.
FOZ -JACKSON ST ,/y� ` %JOHN P. 9i'",
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DATE "\ No. 31725 ^ �
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RFOISTERED I SURVEYOR
OWNER: PF-TF-CZ GEORGE
SAL.E.M PLANNING BOARD
�� to 0 10 -2Ev. MAY IS 1587
s.4EET 1 Ori1 SCALE: I = 10� scoe - DATE: MAY Co , 1987• "RE,v JuNE 3 , l9`67