17 WHEATLAND STREET - ZBA i 17 Wheatland At. R-2 —
Alfred Manieaniero
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AUGUST lb, 1994
YOU ARE HEREBY NOTIFIED THAT AS OF THIS DATE THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF ALFRED MANIERO FOR VARIANCES TO ALLOW
CONSTRUCTION OF A ONE CAR GARAGE AT 17 WHEATLAND STREET.
BOARD OF APPEAL
BRENDA M. SMALL
CLERK OF THE BOARD
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
MGL 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 MGL Chapter
40A. , Section 11, the Variance/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
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DECISION ON THE PETITION OF ALFRED MANIERO Tn; .r
FOR VARIANCES AT 17 WHEATLAND STREET (R-2) ;
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A hearingon this u' ,petition was held June 15, 1994 continued till July 20,
1994 and continued again until July 27, 1994. Board Members present at the
July 27, 1994 meeting were: Stephen Touchette, Chairman; Gary Barrett,
Nina Cohen and Albert Hill. 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 Variances from rear and
side setback requirements to allow construction of a 20 foot by 32 foot
garage. The property is located in the Residential Two Family District.
The Variances which have been requested may be granted upon a finding by
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 lands, buildings and structures involved.
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 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. There was no opposition to the petition.
2. According to petitioners plot plan, area of lot totals 5580 square
feet. Existing structure consists of a 900 sq.ft. single family -
residence.
3. Petitioner represented that, although the submitted plans show a
281x32' garage, they propose to build a 20' x 321 garage, taking up a
total square footage of 640 sq.ft.
4. Taken together, the square footage of both structures is less than 28%
of total lot area.
5. This is the most feasible location on the property to place the
proposed garage.
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DECISION ON THE PETITION OF ALFRED MANIERO FOR m
VARIANCES AT 17 WHEATLAND STREET, SALEM
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On the basis of the above findings of fact, and on the evidence p'PeseFted
at the hearing, 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 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variances 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 in strict accordance with the plans and
dimensions submitted and varied by further conditions.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. A Building Permit is to be obtained prior to beginning construction.
5. A Certificate of Occupancy is to be obtained.
6. Exterior finishes of the proposed garage shall be in harmony with
the existing structure.
Variances Granted `
July 27, 1994
Nina V. Cohen, Member
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 owners Certificate of Title.
Board of Appeal