17 SKERRY STREET - ZBA 11 Skerry St. R-2
William D'Orlando
J
J1,11 LU 1 0 "Q�
J
Chi of s
- Bourb of Appeal
DECISION ON THE PETITION OF WILLIAM D'ORLANDO FOR A VARIANCE
AT 17 SKERRY STREET (R-2)
A hearing on this petition was held June 19, 1991 with the following Board Members
present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Mary Jane
Stirgwolt and Associate Member Ronald Plante. 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 lot coverage
and rear setback to allow deck to be enlarged in this R-2 zone.
The Variance which has been requested may be granted upon a finding of the
Board :
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance 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 construction would help bring the existing deck into building code.
2. No opposition was submitted.
3. The location chosen for this deck is the only logical position on the property.
On the basis of the above findings of fact, and on the evidence presented 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. 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.
a'
DECISION ON THE PETITION OF WILLIAM D'ORLANDO FOR A VARIANCE
AT 17 SKERRY ST'. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
I . Petitioner comply with all requirements of the Salem Fire Dept. relative to
smoke and fire safety.
i
2. All construction be done in compliance with all city and state building code.
3. All construction be done as per plans and dimensions submitted.
Variance Granted
June 19, 1991
,/�i�l1i�.l,.f�. �
7t chard A, Bencal, Chairman, d 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 Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date.of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chi^ter 808, Section 11, the Variance
or tieoal Permit granted herein shall rot take effect until a copy of the
dew lion, bearing the certification of the City Cierk that 20 days have
elapsed and no appeal has been filed, or that, if such appeal has been
filed, that it has been dismisses or denied is recorded in the South Essex L
Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted on the owner's Certificate of Title, r- :
BOARD OF APPEAL - C
C]
i..r
2,.
�ry LL
60 CO
I
__ 3
PLAN OF LAND
IN
SALEk 94SS.
REID LAND SURWYORS
310 OM7W ST . L YM MM. c^
9
N/r
° RALPH 'c\
WILLIAM
REID
" 9 No.29422 " 4
r �O J s•
Pr LOT Z
IVAC Ali
e p Co ....onwea/fl,
. 0
/iota: ,D«/r ;s ;n.►;de / r2 Std'y ^ �,
W mad
G�'iyina/ br.:
OCO
{ I:r a=
rtU
certify tha, the dwelling is t /7 �s
located a+ shown and cor.- � ;0;
formed to the zoning laws
of 1}10 C, L,, of / 7 S X H A R Y S T.
when wnstnxted. ;F (., .Pa -i
Awktaw TAT TP E � �-w#N OWY E �VEY �M I�Fa A
THIS PLAN A!E At9T LOCATED MITHIN A FLOW AOMAGE PU9RWS aK r QcF.SETS &fVk)V
HAIAM A/#EA AS LELIAEATED QV TAF MAP W Qq SCALED FRLW THIS M-4A AAF
Qc* CQMK.NITY AMOMM A7SPAAEV BY TAE APt497XIMA7E QKY Aw &at:CO AOT BE
IT.�G a��T 4&9cY Q9 i SM M QETEWJW PRacgwy LIAES.
I Fwrmw 6EATIFY�THI3 IAtSSFECTIQv MAE !'- a o ' OATS Dec. / y, /ye 7
vs .�ur uI,ca IN ACE PITH nE
TEASMICAL STMQAWS FM At MADE LOAN BOIDA'9062 PAGE oaG CD4T.f
IMSECTIO W' AS AOLVrM Sr 7W MASS-
AOWJSETTS ASSOCIAMN Qt LAAO SMVEYQ4S CQVM / 8 7-o yfe 2. A. .
AMV CIVIL ENGIAEE W. J J G