13 PRESTON ROAD - BUILDING JACKET j
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( if of ,Salem, fflttssarllusetts Inc 30 2 33 FM 088
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Paurb of LAppeal FILE#
'•=wM � CITY CLERK. S .i=•,. rASS.
DECISION ON THE PETITION OF GARY & MARLEEN SEWALL FOR
A VARIANCE AT 13 PRESTON RD. (R-1)
A hearing on this petition was held on July 20, 1988 with the following
Board Members present: James Fleming, Chairman; Richard A. Bencal, Vice-
Chairman; John Nutting, Secretary, Peter Strout and Edward Luzinski.
Notice of the meeting was sent to abutters and others and notices were
properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is seeking a variance frau side setback
requirement to allow existing deck to remain in this R-1 zone.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affE.ting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance
woui-- involve substantial hardship, financial or otherwise, to
the cetitioner;
c. desirable relief may be granted without substantial detriment to
the Ixwblic good and without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
The Board of I.ppeal after careful consideration of the evidence presented
and after viewing the plans makes the following finding of fact:
1. There was no opposition.
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. The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
from or nullifying the intent or pupose of the Ordinance;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. Special conditions and circumstances exist which especially affect
the subject property but do not affect the district generally
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
Variance requested, subject to the following condition:
DECISION ON THE PETITION OF GARY 6 MAR1EEN SEWALL FOR
A VARIANCE AT 13 PRESTON ROAD, SAKI
PAGE TWO
1. That a Building Permit be obtained.
UNANIMOUSLY GRANTED
ohn R. Nutting ^
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLAMING BOARD AND THE CITY CLERK
APP nL i 1t;:! THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MA96.
6_.:.:.SL LP.dS. CHAPTER SOS, AND SHALL BE FILED WITWN 20 DAYS AFTER THE DATE OF FILING
C, ;.;S DECISION IN THE OFFICE OF THE CITY CLERK.
F'7LL;,71T TO MASS, GENERA! LAWS. CF;'-ER EO3. SECTION ll. THE VA^,IA"ICE OR SPECIAL. PER`.IIT
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RECORDED IN THE SDUTH ESSEK REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
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b"Q OF APPEAL
P -607 . 165 823
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0 Sent to
Gary_ Sewall
St, t and No.
17 Preston Rd.
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° T Citp of 6aiem, Alaggacbm5ettg
_ ,ra Public Propertp Mepartment
°rwry�Ng �3uilbing Mepartment
One *alem green
745-9595 (text. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
June 9, 1988
Mr. Gary Sewall
13 Preston Road
Salem,MA 01970
RE: 13 Pr'^ estop Road
Dear Mr. Sewall,
Work has been being done on said property without building permits,
you are in Violation of Mass Building Code, Section 113 Para 113. 1 and
said property was posted June 9, 1988.
If this Violation continues you shall be subject to a fine of not
more than a thousand ($ 1 ,000.00) dollars or by imprisonment for not more
than one year, or both, for each Violation. Each day during which any
portion of a Violation continues shall constitute a separate offense.
To correct this Violation, you should obtain proper permits from
this department .
Sincerely,
James D. Santo
Assistant Building Inspector
JDSreaf
C.C. City Solicitor
Ward Councillor
of obttiem, ttssttrlu�E## 8 2 14 PM 81
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/kIMl 4 V Poarb of �kpvwl CITY CLERK,SALEM,NAStO,
DECISION ON THE PETITION RICHARD` D. SANFORD FOR A VARIANCE
AT 1t 1-PRESTON'ROAD JR-1 )
A hearing on this petition was held June 24, 1987 with the following Board Members
. present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout.
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 Variance from minimum side yard
setback requirements to allow an existing deck. Property is located 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 circumstances exist which especially affect
the land, building or structure involved and which are not generally
affect other lands, buildings or structures in the same district;
b. literal envfrcement 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, makes the following findings of fact:
1 . There was no opposition;
2. The deck was existing prior to the petitioner purchasing the property;
3. To force the petitioner to remove the deck would cause substantial
financial hardship.
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 especially affect the subject
property but not the district generally;
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioner;
3. The relief requested can be granted without substantial detriment to the
,r public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
u
DECISION ON THE PETITION OF RICHARD D. SANFORD FOR A
VARIANCE AT 11 PRESTON ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested and allow the existing deck, subject to the following conditions: ,
s
1 . The structure on 11 Preston Road comply with regulations of the
Salem Fire Prevention Bureau relative to the installation of
smoke detectors.
u
VARIANCE GRANTED
Peter Strout, Member, Board of Appeal
A= COPY OF_THIS.DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM, THIS DKISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
CENER4L LAOS. CHAPTER SDE, AND SHALL BE FILED Y,;-H!N 2O GAS AF'-,T, THE DATE OF FILING
OF THIS CECISION IN THE C 07 OF THE CITY CLEnri.
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.. BOARD OF APPEAL
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P 607 165 823
Gary Sewall
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13 Preston Rd.
Salem,MA. 10970 Registered ❑ Insured
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Salem,MA 01970