55 OCEAN AVENUE - BUILDING INSPECTION 55 OCEAN AVENUE
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DECISION ON THE PETITION OF RICHARD NEWBURG REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED A-T 55 OCEAN AVENUE R=2
A hearing on this petition was held on July 21, 1999, with the following Board Members
present: Nina Cohen Chairman, Stephen Buczko, Stephen Harris and Richard Dionne.
Notice of the hearing was sent to abutters and other and notices of the hearing were
properly published in the Salem Evening News in accordance with Massachusetts .
General Laws Chapter 40A.
The petitioner requesting Variance from curb cut ordinance to allow 2 separate cuts for
the property located at 55 Ocean Avenue.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit 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 the petitioner
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 the plans, makes the following findings of fact:
1. The petitioner sought a variance from the curb cut ordinance to allow 2 separate cuts
for the property.
2. The petitioner, Mr. Newburg represented himself at the hearing.
3. Mr. Newburg asked for an 11 foot curb cut on one street, and a 13 foot curb on the
adjacent street in order to alleviate parking problems for tenants.
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 do not exist which especially affect the subject property and not
the district in general.
DECISION OF THE PETITION OF RICHARD NEWBURG REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 55 OCEAN AVENUE R-2
pagetwo
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 3 in favor and 1 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED `
July 21, 1999
Richard Dionne, Member
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 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 Variance or
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 passed 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 owners Certificate of Title.
Board of Appeal
August 9, 1973
Mr. Stephen Scott
10 Curtis Street
Marblehead, Massachusetts 01945
RE: 55 Ocean Avenue
Salem, Massachusetts 01970
Dear Mr. Scott:
An inspection of your property located at 55 Ocean Avenue reveals recent
construction of an exterior stairway without obtaining the necessary permit.
In addition a handrail as required by the Massachusetts State Building Code
has not been provided.
You are ordered to obtain a permit and provide rails within fifteen (15) days
of receipt of this notice.
Your failure to comply will result in legal action being taken against you
by this Department and the City of Salem.
Very truly yours,
JOHN B. POWERS
Superintendent of Public Property,
Inspector of Buildings
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Certified Mail #P945327
UNITED STATES POSTAL
OFFICIAL BUSIN ES p K•_�,.��„
SENDER INSTRUCT;QNS 1 PENALTY—FOR-PRIVATE
tt USE TO AVOIJI P�YMEW
Print your name,items 1,and ZIP Code i e the space gRiryy. OF PUITgOE, ENf—
• Complete items 1, 2, and 3 on the reverse. .�
• Moisten gummed an and attach to onit artr MAIL
it space permits. Otherwise aHia to�b o�artiCl� _-
• Endorse article "Return Receipt Requests la-
tent to number.
RETURN
TO
Mr, John B. Powers, Inspector of Buildings
(Name at Sender)
City Hall Annex, One Salem Green
(Street or P.O. Box)
Salem, Massachusetts 01970
(City, State, and ZIP Code)
m 0 SENDER: Complete items I.2.and ;.
> Add your address in the "RETURN TO" space on
3. reverse.
I. The following service is requested (check one).
El Show to whom and date delivered. . . .. .. ...--¢
17 Show to whom,date,and address of delivery. ...—d
RESTRICTED DELIVERY
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(j RESTRICTED DELIVERY.
Show to whom,date,and address of d'elivery,$—....._
(CONSULT POSTMASTER FOR FEES)
2. ARTICLE ADDRESSED TO:
9
Mr. Stephen Scott
as 10 Curtis Street
m Marblehead., Mass, 01945
m 3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED No. INSURED NO.
m _ 1945327
O (Always obtain signature of addressee or agent)
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m I have received the article described above.
SIGNATURE ❑ Addressee ❑ AAuuthorizvd agent ;
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DATE OF 0 LIVERY J I, R49AR \
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5. ADDRESS (Complete only',requestad) 78
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