60 OCEAN STREET - ZBA V 6 Ober R-1
� Mark & Julia Carr fI
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DECISION ON THE PETITION OF MARK & JULIE CARR FOR A VARIANCE AND
SPECIAL PERMIT AT 6 OBER ST. (R-1 )
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.
Petitioners, owners of the property, are request a Special Permit to extend a non-
conforming side setback and a Variance from rear setback to allow construction of
a two story addition. Property is located in an R-1 district.
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 stuctures 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 publid
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 . Petitioner will maintain the same shape and character of the dwelling.
2. No opposition was submitted.
3. The addition in this location is the only logical and reasonable one.
4. The proposed addition would add to the comfort and safety of the inhabitants.
5. If unable to build, petitioner would possibly have to sell the property,
thus creating a 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 exist which especically affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the ordinance would involve
substantial hardship to the petitioner.
DECISION ON THE PETITION OF MARK & JULIE CARR FOR A VARIANCE AND
SPECIAL PERMIT AT 6 OBER STREET, SALEM
page two
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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance and Special Permit requested, subject to the following conditions:
1 . All construction and renovations be done per existing City and State
Building Codes.
2. All construction be done as per plans and dimensions submitted.
3. Exterior finishes of the addition are to match those of the existing
structure.
4. Petitioner obtain a legal building permit.
5. A Certificate of Occupancy be obtained for the addition.
6. Petitioner comply with all requirements of the Salem Fire Department
relative to smoke and fire safety.
Variance and Special Permit Granted
June 19, 1991
R'chard A. Bencal, Chairman, 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 Mass. General Laws, chapter 808, and shall be filed within 20 days
after the date of filmy of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11,the Variance
or 8`+ecial Permit granted herein shall not take effect until a copy of the
decision, bo-rmg the certification of the City Clerk that 20 days have
elapsed and no appeal has been filed, or that, if such appeal has been L
filed,that it has been dismisseQ or denied is recorded in the South Essex= SE
Registry of De2ds and indexed under the name or the owner of record`dr' rV
Is recorded and noted en the onaer,s Certificate of Title. o
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