30 WINTER ISLAND ROAD - ZBA 30 WINTER ISLAND ROAD (R-1)
— DAVID & CHRISTINE PERKINS
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DECISION OF THE PETITION OF DAVID & CHRISTINE PERKINS REQUESTING
VARIANCE FOR THE PROPERTY LOCATED AT 30 WINTER ISLAND ROAD (R-1) r'j=,. ;-;r S .
A hearing on this petition was held JuLY 17, 1996 with the following Board " '
members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph
Ywuc and Richard Dionne. 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, requests a Variance to allow the expansion of a non-conforming
structure by one foot due to the installation of a new Bow window.
Existing footprint will not change.
The Variance which has been requested may be granted upon a finding of 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 land, buildings, or structures in the same district.
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 derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Petitioner wants to raise the existing structure one story without
increasing the foundation size.
2. The non-conforming structure will increase by one foot due to the
installation of a new bow window.
3. A letter was presented at the meeting in favor of the petition by
Joanne Scott of 29 Winter Island Road.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance reouested. subiect to the foll r.�.ne r-nditinnsc
DECISION OF THE PETITION OF DAVID & CHRISTINE PERKINS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 30 WINTER ISLAND ROAD (R-1 )
page two
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
3. Petitioner shall obtain building permit prior to beginning any
construction.
4 . All construction shall be done as per the plans and dimensions
submitted.
5. A Certificate of Occupancy is to be obtained.
Variance Granted
July 17, 1996
Joseph Ywuc, Yember
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 owner's Certificate of Title.
Board of Appeal
29 Winter Island Road
Salem, MA 01970
July 12, 1996
Gary Barrett, Chairman
Salem Zoning Board of Appeals
Building Department
City of Salem
Salem, MA 01970
Dear Mr. Barrett:
As abutters, my husband, Edward Moriarty, and I have received
notification of proposed renovations at 30 Winter Island Road.
Please be advised that we have no objections to the plans and wish
Mr. And Mrs. Perkins the best in their new home.
Sincerely yours,
oanne Scott
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