4 WINTER ISLAND ROAD - ZBA 4 Winter Island Rd. R-1
Margaret Rizzotti —
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DECISION ON THE PETITION OF MARGARET A. RIZZOTTI FOR A
VARIANCE AT 4 WINTER ISLAND RD. (R-1 )
A hearing on this petition was held Aprill8, 1990 with the following Board
Members present: James Fleming, Chairman; Richard Bencal , Vice Chairman; Mary
Jane Stirgwolt; Associate Members Arthur Labrecque and Peter Dore. 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 rear setback
requirements to allow a deck to remain in this 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, building or structures in the same district.
b. literal enforcement of the provisions of the Zoning Ordinace 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 new deck has replaced one that was in disrepair.
2. No opposition was presented.
3. Support in the form of a letter from the Plummer Home, the immediate
abutter, was submitted.
4. The new deck added safety and convenience for 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
substantial hardship 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.
DECISION ON THE PETITION OF MARGARET RIZZOTTI FOR
A VARIANCE AT 4 WINTER ISLAND 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 requirements of the Salem Fire Department be adhered to;
2. All dimensions be as per the plans submitted;
3. Petitioner obtain a legal building permit.
VARIANCE GRANTED
e�reaQi��
chard A.evo-d-dl� ice Chairman
A COPY OF THIS HAS BEEN FILED WITH THE-`PLANNING BOARD AND THE CITY CLERK
n, if any.shall be made Pursuant to seetlon 17 ul
Appeal from this decisio
Clerk.
the Mass.General Laws, Chapter 808, and shall be filed within 20 da
y$
808. Section 11,the variance
after the date of filing of this decision in the office of the City py of the
Pursuant to Mass_ General Laws, shave
the certification of the City Clerk that 20 day
or *pecial Permit granted herein shall not take effect until a c
decision,and
no
appeal has been
elapsed and no appeal has been filed,or that.if such
filed,that it has been dismissed or denied is recorded ior the n the south Esser
Registry of Deeds and Indexed under
er5 cehe rtificate a of Tltle.ner of record a
Is recorded and noted on W8 o BOARD OF APPEAL
y
1ILII mer Pa me IIT �Oaq$
INCORPORATED IBES
37 WINTER ISLAND ROAD
SALEM, MASSACHUSETTS 01970
(506)744-1099
TRUSTEES PETER M.MILLER
Di,wor
WILLIAM L.MAHONEY.JR.
Chaum
SALLY
Charman Chaj ES
B April 17, 1990
GEORGEBERRY
Treasurer
FRANK J.PIERCE
secreta'" City of Salem Board of Appeals
WILLIAM B.FOLLETT One Salem Green
MARGARET RRZOTTI
JOHN F.ZBYSZYNSKI Salem, Massachusetts 01970
JEROME RIORDAN
NEIL A.HOURIHAN
JOHN FAMICO Attention: James M. Fleming, Chairman
Re: Margaret Rizzotti
Winter Island Road
Salem, MA 01970
Dear Mr. Fleming and Members of the Board:
The Plummer Home for Boys, as an. abuttor and a party in interest
in the Petition of Margaret Rizzotti requesting a variance for a
portion of her property not in accordance with the By-Law, wishes to
go on record as assenting to the Petition as filed by her and request
that the Board allow the same.
Thank you for your consideration.
Very truly yours,
PLUMMER HOME FOR BOYS
By:
William L. Mahoney, Jr. , Chairma
WLMJR:jm
6. Upon a motion duly made and seconded, it was:
VOTED: To authorize the Chairman to write a letter to the Salem
Board of Appeals indicating our knowledge of the porch on the land of
Margaret Rizzotti abutting our property is not in accordance with the
set-back rule and our wishes that the petition to be filed by her or
on her behalf be allowed.
Flummer Fume Aur Pugs
INCORPORATED 1865
37 WINTER ISLAND ROAD
SALEM,MASSACHUSETTS 01970
(508)744-1099
TRUSTEES PETER M.MILLER
Director
WILLIAM L.MAHONEY,JR.
Chalrmaa
M
SAES
B Chair April 17, . 1990
Charman
GEORGEBERRY
Treasurer
FRANK J.PIERCE
Seaalary City of Salem Board of Appeals
WILLIAM B.FOLLETT One Salem Green
MARGARET RIZZOTTI
JOHN F.ZBYSZYNSKI Salem, Massachusetts 01970
JEROME RIORDAN
NEIL A.HOURIHAN
JOHN FAMICO Attention: James M. Fleming, Chairmah
Re: Margaret Rizzotti
Winter Island Road
Salem, MA 01970
Dear Mr. Fleming and Members of the Board:
The Plummer Home for Boys, as an abuttor and a party in interest
in the Petition of Margaret Rizzotti requesting a variance for a
portion of her property not in accordance with the By-Law, wishes to
go on record as assenting to the Petition as filed by her and request
that the Board allow the same.
Thank you for your consideration.
Very truly yours,
PLUMMER HOME FOR BOYS
1
By: �.
William L. Mahoney, Jr. , Chairma
WLMJR:jm
r
j
r
6. Upon a motion duly made and seconded, it was:
VOTED: To authorize the Chairman to write a letter to the Salem
Board of Appeals indicating our knowledge of the porch on the land of
Margaret Rizzotti abutting our property is not in accordance with the
set-back rule and our wishes that the petition to be filed by her or
on her behalf be allowed.
(IT of MlE11T, � c�SS�IC�ili5Pff5
'f04c 4ire Pepartmerd �ieabquartrrs
48 Pfgctte *trcet
Joseph F. Sullivan 4alezn, 4M. 01970
Chief
City of Salem Re: 4 Winter Island Road
Board of Appeal Margaret A. Rizzotti
One Salem Green Hearing date: April 18, 1990
The property located at #4 Winter Island Road has current compliance with
the provisions of Chapter 148, Section 26E, Massachusetts General Laws
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Variance
or Special Permit to allow an existing deck at this location.
Sued,
Robert W. Turner,
Fire Marshal
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dl/shown m ob0Ve p/on. SCALING SE'E ORIGINAL ON FILE.
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ESSEX SURVEY SERV/CE
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��I�CiiU of �AP;JL"A
ORO JUNE 24 , 1968 ,
.. 1-:1.'- CITY Q ,�AMLNDED DECISION
_.,. PETTTION OF ESTATE OF MARGARET T. GRIFFIN, TO ERECT
^ SINGLI: FAMILY DWELLING AT 6 WINTER ISLAND ROAD.
'i;�orir�g nn this petition was resumed at the May 27 , 1968 meeting of the
Conrd of '•pooal , at which four Board Members were present ; the fifth mem-
ber, Mr. James Doulger, being in the hospital and unable to attend.
plot plan was presented at this hearing, showing the location of the
existing dwelling and lot size of Lot B, and in addition, a plot plan also
was nresented showing location of the proposed dwelling with inadequate
front end rear yards according to requirements set forth in the density
regulations oC the City Zoning Ordinance .
Cour.solor >, .chael. Harrington appeared for petitioner and explained the plan,
stntin,^, hc Pns a prospective purchaser and it would be impossible to ' use the
lots except Ps the petitioner seeks to have them used . No one appeared in
opposition.
ter carnV4 consideration, the four Board Members present voted unanimous-
to grans z; is appeal , as Lot A has sufficient frontage , is above required
lot size in area , and would present hardship for petitioner if petitioner
were Cennaa normission to build on this lot . With respect to Lot B, the Board
voted una. in3:sly to grant the request for a variance which would permit the
_,.onconf3z:7_ ::g use of Lot B for residence purposes and for the maintenance of
the Ball i__ ; presently thereon, its repair and replacement , despite the fail-
ure of 4o id jot to conform to the zoning law requirements as to required
land area .
APPEAL GRANTED
BOARD OF APPEAL
BYw
I Secretary i
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IIfIEm,
RECE'VC
28 Raarb of CAppeol
On _C .I 2 JUN 25
uFFICs JUNE 24, 1968 .
C'_ �aA gtP, DED DECISION
PME9 ... =ouL==A SALEM,
J09EPM P. O=TLE
PETITION OF ESTATE OF MARGARET T. GRIFFIN, TO ERECT
A•M P L<= ==ouE SINGLE FAMILY DWELLING AT 6 WINTER ISLAND ROAD.
Hearing on this petition was resumed at the May 27, 1968 meeting of the
Board of Apoeal , at which four Board Members were present ; the fifth mem-
ber, Mr. James Boulger, being in the hospital and unable to attend.
A plot plan was presented at this hearing, showing the location of the
existing dwelling and lot size of Lot B, and in addition, a plot plan also
was presented showing location of the proposed dwelling with inadequate
front and rear yards according to requirements set forth in the density
regulations of the City Zoning Ordinance.
Counselor Michael Harrington appeared for petitioner and explained the plan,
stating he has a prospective purchaser and it would be impossible to 'use the
lots except as the petitioner seeks to have them used. No one appeared in
opposition.
ter careful. consideration, the four Board Members present voted unanimous-
to grant this appeal , as Lot A has sufficient frontage , is above required
lot size in area, and would present hardship for petitioner if petitioner
were denied nermission to build on this lot. With respect to Lot B, the Board
voted unanimously to grant the request for a variance which would permit the
nonconforming use of Lot B for residence purposes and for the maintenance of
the dwelling presently thereon, its repair and replacement, despite the fail-
ure of said lot to conform to the zoning law requirements as to required
land area .
APPEAL GRANTED
5
BOARD OF APPEAL
.z. �. . ,BY
Secretary
_�
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