219 NORTH STREET - BUILDING INSPECTION 219 NORTH STREET
Tits of Salem,
Y 4c Pourb of C77 ppz l NFy Z 1 18 ii 17�
DECEMBER 19, 1979 CITY .)fr10E
6b6JMt Mb��.
DECISION ON THE PETITION OF ROBERT G. SPYCHALSKI REQUESTING A VARIANCE FOR
219 NORTa STREET.
A hearing on this Petition was held on December 19, 1979 with the
following Board Members present: James H. Boulger, Jr., Chairman, Messrs.
Nutting, LaBrecque, Feeherry, and Associate Member. Luzinski.. -Notices of the'
hearing were sent to abutters and others and a notice of the hearing was .
published in the Salem Evening News on December 5, 1979 *and December 12, 1979,
in .accordance with Massachusetts General Laws, Chapter 40A.
The Petitioners have requested a variance from the sideline requirements
of the Zoning Ordinance for the property at 219 North.Street. A variance is
required because the building, which is in an R-2 district, was constructed
in 1964 within 7.6 feet of the side-line on Cushing Street. At that time
the property had been granted a variance to construct a single family structure
within 12 feet of the side line.
The Board of Appeals, after consideration of the evidence presented at
the public hearing makes the following findings of.fact:
1. The structure in question was the subject of a prior variance issued
by this Board on January 20, 1974 which authorized the construction
of a single-family residence at 219 North Street within 12 feet of
the side line on Cushing Street.
2. When the structure in question was constructed in 1964 an error was
made by the contractor and the building was constructed within
7.6 feet of the side line.
On the -basis of the .above findings of fact, and the evidence presented
at the public hearing, The Board of Appeals concludes as follows:
1. The structure at 219 North Street was, as a result of an error by
the contractor in 1964,. constructed within 7.6 feet- of the side line.
2. The condition described above especially affects the structure in
question but does not generally affect the zoning district in which
the building is located.
3. The conditions described above which affect the land in question,
but not the zoning district generally cause the following special
hardship; the property cannot be mortgaged unless a side line
variance is granted.
4. The desired variance may be granted without substantial detriment
to the public good.
REC:=; _I9
UEC'I ^ 7V j�
LI
CITYLLLr.e"c OFFICE
SALEM.MASS,
PAGE TWO - DECISION - ROBERT G.' SPYCHALSKI, 219 NORTH STREET.
Therefore, the Board of Zoning Appeals by a 5-0 vote: approves the
granting of the requested relief and grants a variance to the,petitioner
on the following terms and conditions:
A Variance is granted allowing for a 7,6 side line on the Cushing Street
side of the property.
GRANTED
�� �.iLeGfGt�✓f-5/ .
Anthony M. eeherry
Acting Secretary
.APPEAL 17110'4 T41S DECI..1 cu;li-L BE !:ADE PURSUANT TO SECT:OP(17 OF THE MASS. -
GENERAL LAYS. CHAP!��- "?,i : GI - RE Ff;ci TIUMN e0 DAYS AFTER THE DATE OF FILING - -- -
OF 'THiS DCCIS:OM fit 7- :. CL RiC. - - - -
PJ2SANT 7u' :=ASS. GE°: _" 1.5, U. THE VA.R:ANXEOR SPECIAL PERMIT _
CRAiiRO Ft7.J:d. SH;it T ' i11 '..PY OF T8--1...._ BEA'- "iS THE CERT, .
FiCATiG21 GF N2 C177 LI-4
'. - -
4t_ t� . t0 'i? i.' A:?-I MS KEN FILED. -
OR THAT, IF St;--,'H ACJ .'•. d.S 2-IN OIS:EISSJ OR C_NiED IS .
,RECORDED IN THE SOOTII .ISa1 CY OF C cJS Aw IN.DE7.ED UNDER THE !AX-E OF THE m-;;i I:
OF RECORD OR IS RECORDED AND NOTED ON THE ONNER'S CERTIFICATE OF-TITLE
BOARD OF APPEAL -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE 'CITY CLERK