16 WINTER STREET - ZBA 16 Winter St. !R-2
Ada & Donald Roberts
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CITY CLERK.SALFI';.MASS.
DECISION ON THE PETITION OF ADA & DONALD ROBERTS FOR A VARIANCE
AT 16 WINTER STREET (R-2)
A hearing on this petition was held May 18, 1988 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Flaming, Luzinski,
and Strout. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salam Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a variance from density
and setback requirements to allow existing garage to be demolished and new
garage constructed in this R-2 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 and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to petitioner;
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating frau
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 makes the following findings of fact:
1. No opposition was voiced at the meeting;
2. The garage that exists is in poor condition and poses a fire or
structural threat to the neighborhood.
3. The owners expressed a legitimate need for the use of a new garage.
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 generally;
2. Literal enforcement of the provisions of the Ordinance would work
a substantial hardship on the petitioner;
3. The relief requested 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.
I DECISION ON THE PETITION OF ADA S DONALD ROBERTS FOR A
VARIANCE AT 16 WINTER STREET, SALES?
Page Two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1. Proposed addition to be built as plans submitted:
2. All construction must ccnply with the Massachusetts Building
Code and the requirements of the Salem Fire Department.
VARIANCE GRANTED
Peter Strout, Member
A COPY OF THIS DECISION HAS BEaI FILES WITH THE PLANNING BOARD AND THE CITY CLERK
prpry FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MA7S.
S. CHAPTER 8DS. AND SBALL BE FILED WITHIN 20 DAYS :.FTEB iiiE CATE OF FILI';]
IN THE CFFI;E OF THE Cl T'i CLERK.
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BOARD OF APPEAL
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CARTER & TOWERS ENGINEERING CORP.
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Joseph D. Carter
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Professional Engineer 6 FAIRVIEWOT. MASS
Registered Land Surveyor SWAMPTel. 59 MASS,
Tel. 592-8386
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Joseph F. Sullivan 'Stt1em, fzi. 01970
Chief
City of Salem Re: 16 Winter Street
Board of Appeal Ada & Donald Roberts
One Salem Green Hearing date: May 18, 1988
The property located at #16 Winter Street 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/Special Permit to allow a garage to be demolished and a new.
garage constructed at this location.
Signed,
Robert W. Turner,
Fire Marshal
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