226 NORTH STREET - BUILDING INSPECTION 226 NORTH STREET
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DECISION �F THE PETITION OF ROMAN CATHC' 7C ARCHBISHOP 0RAST�t � s
REQUESTI`,G A VARIANCE FOR TF.E PROPERTY LOCATED AT 226 NORTH STREET
A hearing on this petition was held August 21, 1996 with the following
Board members present: Gary Barrett, Chairman. Albert Hill. Arthur
Lebreque, Richard Dionne and Paul Valaskatgis. 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, requests a Variance from front setback to allow an addition to
the office for the property located at 226 North Street.
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 nuilifving 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 , Jim 'Walsh, Engineer for the Archdiocese of Boston, and Assistant
Director of Cemeteries, appeared on behalf of the petitioner.
2. The proposed construction of the addition the existing office building
at Si. Marv's Cemetery will be part of a 5250,000 improvement project
at the cemetery which will include roadwork, water work and fence
repairs.
3. The proposed office building addition will_ be 24 ' x 24 ' and will be one
story.
4. The front setback will be five (51 feet.
5. Tim Cooke, Petronelli Construction, =nc. appeared on behalf of the
petitioner and described the proposed construction.
6. Sally Hayes, Ward 6 Councillor, spoke in favor of the petition.
7. There was no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. 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.
I/
DECISTOV OF THE --T-:-70N. OF ROKAN CATHOLIC ARCHBISHOP OF 20STON
REQUES.:.VG A VARIANCE FOR THE PROPERTY LOCATED :.T 41.16 NORTH STREET (R-1)
page two
3 . Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the :stent 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 pians and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
a . Petitioner shah obtain building permit prior to beginning any
construction.
5 . Exterior finishes of the new construction shall be in harmony with the
surrounding neighborhood.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
Variance Granted
August 21 , 1996 1/
Gary Barrett, Chairman
Board of Appeal
A COPY CF THIS DECISION HAS BEEN FILED itiITH THE PLANNING 30ARD AND THE CITY
CLERK
Appeal _`rom this decision, if any, shall be made pursuant to Section 11 of
the Massachusetts General Laws Chapter LOA, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Xassachusetts General Laws Chapter LOA, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the Citv Clerk that 2D
days have elapsed and no appeal has been filed. or that, '-f such appeal has
been filed, that it has been dismissed or denied is recorded in the South
Essex �e2istry 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