79 MARLBOROUGH ROAD - BUILDING INSPECTION 79 MARUBOROUGH ROAD
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CITY OF SALEM BUILDING
SALEM. NI,ASSACHUSETTS 01970 PERMIT
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T,��,�.,Ly.�..�,.._�LS� n�,,-•_�. DATE Nov. 2UIT ( F PERMIT NO 92 546-92
APPLICANT Deborah Alexander ADDRESS
IMO,) ISTREETI �Ic' ICOMroI.P�cS. [I([MAE�
ONE.
PERMIT TO AnnRE Of I NUMBER OF
(_I STORY
IfIIC Of MRROVEMEVII MO. IPPOP [0 Ub[1 DWELLING UNIT$
,AT (LOCATION) 2l� ' ZONING —
IN0.1
[STREET) \I DISTRICT
SETWE'_!. AND " v
ICROSa. Sf [11
(CROSS STREET)
LOT
SUBDIVISION LOT BLOCK SIZE
BUILDING IS TO BE- - FT. WIDE N, FT, LONG BY FT, IN NEIGNT AND SHALL CONFORM IN CONSTRUCTION.
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION -
,y��� i/•�[is 1 v� f�[v�Trr�w.i m1 �I.,�S�� KITCHEN
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REMARKS: 'J V�AYftRWl A 12[Af.O[ AS DITICN O YiW.Y RGE KITCHEN �W.ORA. 9/30/92)
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CALL Fm PERMIT TO OCCUPY 745-9595AREA /� ¢¢
ME ESTIMATED COST \15E OOO.00 - FEE PERMIT' 9,y,00
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IcuertsounRE r[[ll "—'- --
OWNER AT+f",r s nwhnrmh Alaxnnd?r . . . ... ..
AODRE55 79 MArlbOYM19bT12MR[1F SaIE!mFMA David J. Harris
/ ASSISTANT INSPECTOR OF BUILDINGS
INSPECTION RECORD
OAf� NOT[ 0SOON{SS - CRITICISM$ AND ■[NANIIf INSPECTOR
-g � aj�' �c PLOT PLAN OF LAND IN SALEM, MASS. ,
/ 411f '0a6' SCALE: 1"=30 '
DATE: Jan. 15., 1993
NOTE: This plan was compiled by a tape survev and
not an instrument survey, therefore all offsets
shown are approximate.
BAYSTATE SURVEYING ASSOCIATES
234 CABOT STREET
BEVERLY, MASS. , 01915
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CITY 0
CLERK',, (;
DECISION ON THE PETITION OF DEBORAH,AND ARTHUR ALEXANDER
FOR A SPECIAL PERMIT AT L9 MARLBOROUGH`ROAD (R-1)
A hearing on this petition was held September 30, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish Jr. , and Stephen Touchette. 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 Special Permit from
rear setbacks to allow construction of a one story addition in this R-1
district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 9-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
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. There was no opposition to the proposed construction.
2. The property will remain a single family dwelling.
3. The granting of this petition will enhance the quality of life for the
petitioner.
PETITION OF DEBORAH AND ARTHUR ALEXANDER FOR A
SPECIAL PERMIT AT 79 MARLBOROUGH ROAD, SALEM
page two
4. A petition in favor of the proposed-construction signed by four (4 )
abutters was submitted.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Petitioner shall obtain a legal building permit.
5. Exterior finishes of the proposed addition shall be in harmony with
existing structure.
SPECIAL PERMIT GRANTED
September 30, 1992
y
cv -= Stephen C. Touchette, Member
Board of Appeal
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DECISION ON THE PETITION OF DEBORAH AND ARTHUR ALEXANDER FOR A
SPECIAL PERMIT AT 79 MARLBOROUGH ROAD, SALEM
page three
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
MGL 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 MGL
Chapter 40A. , Section 11, the 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 ON THE-P-ET--I-TION OF ARTHUR & DEBORAH ALEXANDER FOR
A VARIANCE ATy79_MARLBOROUGH ROAD (R- )
A hearing on this petition was held on October 15, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and
Associate Member Labrecque. 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 are requesting a Variance from any and all density requirements and
setbacks, required by Table I, Section VI of the Salem Zoning Ordinance, to
allow the continued use of an existing single family dwelling at 79 Marlborough Road.
The property is 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 circumstancesexist 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 petitioner; and
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 a plot pian submitted by petitioners, makes the following
_findings of fact: -- _ ---
i . NG GDDGS1,i to the G titiGn was raised acid CGunGilivr Leer ar^u
- _ O' Leary spoke in favor of granting the petition;
2. The size of the lot is substantially the same as other lots in
the area;
3. The shape of the lot is unique, and the siting of the present
dwelling in the most practical siting;
4. There would be financial hardship to the petitioners if relief
was not granted.
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 affect this property but which do not
generally affect other lands, buildings and structures in the same district;
DECISION ON THE . ETITIOII OF AR.THu , L DEBORAH kLEX.=F:DEA FOR
C VARIAi�C� AT 7` h/;=.RLBOROU-P RD. ,
page two.
2. -Lateral enforcement cf the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner; and
3. The relief requested 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 or Appeal voted unanimously, 5-0, to grant the
Variance requested, under the following terms and conditions:
1 . All the relevant regulations of the Salem Fire Department
relative to fire prevention safety be complied with the the
petitioners.
VARIANCE GRANTED
(James M. Fleming, Esq.
Member, Board of Appeal"
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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