88 MARLBOROUGH ROAD - BUILDING INSPECTION .',$$
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o CITY OF SALEM, MASSACHUSETTS CITY Of $AL H. HA
Y BOARD OF APPEAL CLERKS 9FiCE %
c 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
' TEL. (978) 745-9595
FAX (978) 740.9845 ,1004 JUN 22 A 10: 02
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF RICHARD& KATHLEEN THERIAULT
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 88
MARLBOROUGH ROAD R-C
A hearing on this petition was held on June 16, 2004 with the following Board Members
present;Nina Cohen Chairman, Bonnie Belair,Nicholas Helides, Stephen Hams and
Richard Dionne. 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.
The petitioner is requesting a Variance from lot size, lot width, front, side and rear
setbacks to subdivide property to create a separate lot for the property located at 88
Marlborough Road located in an R-C Zone.
The Variances,which have been requested,may be granted upon a finding by this 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 structures involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of
the purpose of the Ordinance.
The Board of Appeal,after careful consideration of the evidence presented at the hearing,
and after viewing the plane,makes the following findings of fact:
1. The Petitioner's were represented at the hearing by Attorney Scott Grover.
2. The petitioners would like to subdivide the lot to create a separate lot which
requires the Variances for lot size, lot width, front, side and rear setback.
3. A letter was submitted in support from Councillor Leonard O'Leary and a petition
with neighborhood support.
4. There was no opposition to the proposed petition.
DECISION ON THE PETITION OF RICHARD &KATHLEEN THERIAULT
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 88
MARLBOROUGH ROAD R-C
page two
On the basis of the above findings of fact, and on,the evidence presented at the hearing,
the Zoning Board of Appeal concludes as follows:
1. Special conditions exist when especially affect the subject property but not he
District.
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 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number so as to be visible from the street.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including but not limited,to the Planning Board.
8. Petitioner shall obtain pre-blast survey.
Variance Granted
June 16, 2004
Bonnie Belair
fApp
Board of Appeal C✓ ,y
L
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 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 certificate of the City Clerk that 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 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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BOARD OF ASSESSORSutl-(.=!�a
3 , 93 WASHINGTON STREET. CITY HALL. SALEM, MASSACHUSETTS 01970 (617) 744-0660
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CITY OF Sh.LE , aI^SC.
June 5, 1987
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Mrs. Josephine R. Fusco
City Clerk
City of Salem
Salem, MA 01970
Dear Mrs. Fusco:
Please be advised that the single family dwelling to be erected
on Assessors' Parcel #09-0033 has been assigned the street
address of 88 Marlborough Road.
I
—Vary trul yours,
t.
Peter M. Caron
Chief Assessor
PMC:mjg
cc: Kenneth B. Cahill, Postmaster
Chief Joseph F. Sullivan, Fire Department
Margaret R. Hagerty, Principal Clerk, Water Dept.
1,�-p'illiam H. Munroe, Inspector of Buildings
Engineering Dept. , City of Salem
Mr. Robert Theriault, 37 Hillside Ave. , Salem