0011 GRAFTON STREET - ZBA 1,1 GRAFTON STREET (R-1)
DAV)D ROBINSON PETITIONER
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DECISION OF THE PETITION OF DAVID ROBINSON REQUESTING,Ai ' "Ai0
VARIANCE FOR THE PROPERTY LOCATED AT 11 GRAFTON SGREEVE%R-`1'}F
A hearing on this petition was held November 15, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen, and Joseph Ywuc. 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 r'assachusetts General Laws
Chapter 40A.
Petitioner, owners of the property request a Variance from front setback to
enable addition to be built in the front of the structure for the property
located at 11 Grafton Street.
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 appeared with his builder, Fred Shaw, and submitted two
building plans and a footprint of the two-family structure at 11
Grafton Street, which was substantially damaged by an accidental fire
last year.
2. Petitioner proposed to extend the front of the house seven feet towards
the property line, enlarging the entrance and front rooms on all
stories of the two and a half story dwelling.
3. Petitioner stated that, due to ledge conditions, enlargement is not
feasible toward the rear of the property.
4. Opposition to the proposed petition was voiced by Jeannette Dumas, of
9 Grafton Street, who expressed the fear that the proposed addition
would create a crowded appearance on the property that would adversely
affect the value of the property.
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
DECISION OF THE PETITION OF DAVID ROBINSON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 11 GRAFTpOY3REE�T
page two ff�� LL LL
3S
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
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 a building permit prior to beginning any
construction.
A . All construction shall be done as per the plans submitted.
5. A Certificate of Occupancy is to be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure. / \
Variance Granted
November 15, 1995 (J
Nina Cohen
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