4 SKERRY STREET COURT - ZBA D
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4 SKERRY STREET COURT
DIANE O'BRIEN
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(Tlitg of Salem, 'Massadjusetts
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jaQ ' �Roura of Appeal
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CITY Ci SALFM... HAS.S
DECISION OF THE PETITION OF DIANE S. O'BRIEN, TRUSI$LF�`�)v H§TIFNG A
VARIANCE FOR THE PROPERTY LOCATED AT 4 SKERRY STREET COURT (R-2)
A hearing on this petition was held July 16,1997 with the following Board
members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill, Joseph
Notice of the hearing was sent to abutters and
Ywuc and Richard Dionne. g
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 from lot area, area per dwelling unit,
frontage, side yard and rear yard dimensional regulations in order to
renovate an existing carriage house for use as a two family dwelling on the
existing foundation and existing lot.
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. The petitioner was represented by Attorney George Atkins, of 59 Federal
Street.
2. Petitioner is the owner of an "L" shaped lot in an- R-2 district that
has 50 feet of frontage on Skerry Street Court. On the lot is a very
old and dilapidated structure that was formerly used as a barn.
3. Four of the abutting homeowners submitted brief letters in support of
the proposed petition. These were: Susan J. Bishop, 3 Skerry St. Ct. ,
Raymond Hodge, 6 Skerry St, Victoria M. Tache, 62 Bridge St. and
Rosemary Lack of 70 Bridge Street.
4. There was no opposition to the proposed relief.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
i . 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.
DECISION OF THE PETITION OF DIANE S . O'BRIEN, TRUSTEE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 4 SKERRY STREET COURT
page two
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 requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted and approved by the Building Inspector and to include Plan
A-3, dated July 16, 1997.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4 . Exterior finishes of the new construction shall be in harmony with the
existing structure.
5 . Petitioner is to obtain a building permit prior to beginning any
construction.
6. A Certificate of Occupancy is to obtained.
7. Exterior finishes of the new construction shall be in harmony with
the existing structure.
Variance Granted �J
July 16, 1997
Nina Cohen, Member
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
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DECISION OF THE PETITION OF HERITAGE CO-OPERATIVE
BANK FOR A WAIVER AT 64 BRIDGE STREET FOR LOT 4
A Public Hearing on this petition was held on April 7 , 1994 at
7 : 30 p.m. , with the following Board members present : Walter B.
Power , III , Chairman; Debbie Hilbert ; Carter Vinson; Chuck Puleo;
John Moustakis; L. Lee Harrington and Gene Collins . Notice of this
Hearing was sent to abutters and notice of the Hearing was properly
published in the Salem Evening News .
Petitioner , owner of property, is requesting a waiver from
frontage requirements for lot 4 , which will front Skerry Street
Court , from the Subdivision Regulations under M.G.L. Chapter 41,
Section 81R. This section states that "A planning board may in any
particular case, where such action is in the public interest and
not inconsistent with the intent and purpose of the subdivision
control law, waive strict compliance with its rules and
regulations , and with the frontage or access requirements
specified in the law. . . "
The waiver for Lot 4 is being granted upon a finding by the
Board that:
1 . Special conditions and circumstances exist which
especially affect the land involved which are not
generally affecting other lands involved;
2 . Lot width is consistent with the surrounding
neighborhood lot widths ; and
3 . The Planning Board determined that granting the
waiver is in the public interest and not inconsistent
with the intent and purpose of the subdivision control
law.
Therefore, the Planning Board voted by a vote of six ( 6 ) in
Eavor , one ( 1 ) opposed , to grant the waiver from frontage
requirements for Lot 4 .
WAIVER GRANTED R
APRIL 7 , 1994
This endorsement shall not take effect until a copy of the
decision bearing certification of the City Clerk that twenty ( 20 )
days have elapsed and no appeal has been filed or that if such
appeal has been filed that is has been dismissed or denied, is
recorded in the Essex South District Registry of Deeds and is
indexed int he grantor index under the name of the owner of record
or is recorded and noted on the owner ' s certificate of title. The
fee for recording or registering shall be paid by owner or
applicant .
I hereby certify that a copy of this decision and plans are on
file with the City Clerk and a copy is on file with the Planning
Board.
Sincerely,
wo.* -?"���N
Walter B. Power , III
Chairman
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(Cita of �5alem, � �55�c11u5Ptt5 �, P
3Boarb of _Appeal
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DECISION ON THE PETITION OF MARK PETIT FOR A `dARI;%NCE AT; 5 .SKEnY
STREET COURT (R-2)
A hearing on this petition was held March 20, 1996with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett,
Nina Cohen, Joseph Ywuc and Albert Hill. 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 Variance from all
density requirements to allow construction of a single family
dwelling for the property located at 5 Skerry Street Court.
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 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 pians, makes the
following findings of fact:
1 . The single family dwelling proposed by the petitioner will
encroach to within six (6) feet of Skerry Street Court.
2. The petitioner failed to demonstrate or meet the burden of proof
relative to legal hardship.
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 do not exist which especially affect the
subject property and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance
would not involve substantial hardship to the petitioner.
DECISION ON THE PETITION OF MARK PETIT REOUESTiNG A VARIANCE
` FOR TEE PROPERTY LOCATED AT 3 SKERRY STREET COURT ?-2lj
page two
3 , The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted three f3 ) in favor, two
(2) , in opposition to the motion to grant the variance. Having failed
to garner the required four affirmative votes to pass, the motion is
defeated and the petition is denied.
VARIANCE DENIED
March 20, 1996
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Albert C. Hill, Jr.
Member, Board of Appeal
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 MGL CHAPTER 4'OA AND SHALL BE FILED WITHIN 20 DAYS AFTER THE
DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MGL 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 PASSED 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
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DECISION ON THE PETITION OF THE HERITAGE COOPERATIVE BANK
FOR A VARIANCE AT 64 BRIDGE STREET (R-2)
A hearing on this petition was held January 19, 1994 with the following
Board Members present: Francis X. Grealish, Chairman; George Ahmed, Albert
Hill, Stephen Touchette and Stephen O'Grady. 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 Variances from lot size,
frontage & rear setback to allow parcel to be divided and to construct a
single family dwelling on the newly created lot which is located in an R-2
zone.
The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved.
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 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 petitioner held the mortgage on t he land.
2. The petitioner foreclosed on that mortgage.
3. The value of the land is less than the mortgage.
4. The lot to be created has frontage on Skerry Place.
5. There was no opposition.
DECISION ON THE PETITION OF THE HERITAGE COOPERATIVE BANK FOR A
VARIANCE AT 64 BRIDGE STREET, SALEM
page two
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On the basis of the above findings of fact, and on the evidence �,�ahedy4
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. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Hill was opposed) to
grant the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. The proposed construction shall be done in strict accordance with the
plans and dimensions submitted.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. The rear setback shall be no less than 10 feet.
5. The front setback shall be no less than 5 feet.
6. The north side setback shall be no less that 5 feet.
7. The garage shall be torn down.
8. The pine tree on the south boundary shall be removed.
9. The petitioner shall secure the approval of the Salem Planning Board.
10. The petitioner shall secure the proper street address.
Variance Granted
January 19, 1994 L
Stephen Touchette, V.Chairman
Board of Appeal
DECISION ON THE PETITION THE HERITAGE COOPERATIVE BANK FOR VARIANCE
AT 64 BRIDGE STREET, SALEM
page three
FEB J 3 n
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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
TO THE SALEM APPEALS BOARD:
As neighbors to MJMJ Realty Trust, we encourage the Appeals Board to
vote in favor of the renovations to their building on 4 Skerry Street Court as
presented to you on July 16, 1997.
Sincerely
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TO THE SALEM PLANNING BOARD:
As neighbors to MJMJ Realty Trust, we encourage the Planning Board to
vote in favor of the renovations to their building on 4 Skerry Street Court as
presented to you on July 16, 1997.
Sincerely
TO THE SALEM APPEALS BOARD:
As neighbors to MJMJ Realty Trust, we encourage the Planning Board to
vote in favor of the renovations to their building on 4 Skerry Street Court as
presented to you on July 16, 1997.
Sincerely
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TO THE SALEM APPEALS BOARD:
As neighbors to MJMJ Realty Trust, we encourage the Appeals Board to
vote in favor of the renovations to their building on 4 Skerry Street Court as
presented to you on July 16, 1997.
Sincerely