15 VICTORY ROAD - ZBA 15 Victory Road R_1
Kenneth Burkinshaw
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DECISION ON THE PETITION OF KENNETH BURKINSHAW FOR A
VARIANCE AT 15 VICTORY ROAD (R-1 )
A hearing on this petition was held June 19, 1991 with the following Board Members
present: Richard Bencal, Chairman; Edward Luzinski, Richard Febonic, Mary Jane
Stirgwolt and Associate Member Ronald Plante. 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 and rear
setbacks to allow existing decks in the R-1 zone.
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 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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The decks in question have been in existance for many years.
2. No opposition was submitted.
3. The decks would add to the owners enjoyment of the property.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would-involve
a substantial hardship to .the petitioner.
3. Desirable relief can 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.
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DECISION ON THE PETITION OF KENNEITH BURKINSHAW FOR A
VARIANCE AT 1b VICTORY ROAD, SALEM
page two
Therefore, the 'Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . All construction be done per all existing city and state building codes.
2. All construction be done per plans and dimensions submitted.
3. Petitioner obtain a legal building permit.
4. Petitioner comply with all requirements of the Salem Fire Department
relative to smoke and fire safety.
Variance Granted
June 19, 1991
ichard A. Bencal, Chairman, Boara of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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Appeal from this decision, if any,shall be made pursuant to Section 17 of
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk. c'
pursuant to Mass. General Laws, Ch ao•er 308. Section 11, the Variance `
or °"gal Permit granrei herein shall not take effect until a copy of the
decision, bearing the cartfication of the City Clerk that 20 days have
elapsed and no appeal has been tiled. or that, if such appeal has teen _
filed, that d has been d,smisseei or denied is recorded in the South Essex
Registry it Deeds and indexed under the name or the owner of record or
the owaar's Certificate of Title.
Is recorded and noted en
BOARO OF APPEAL
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