54 RAYMOND ROAD - BUILDING INSPECTION Oftndaffae
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CITY OF SALEM, MASSACHUSETTS C! Py O'r` SALEM. MA
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BOARD OF APPEAL CLERK'S OFFICE `
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 7 p
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 LOOS OCT 2b P 2' 2U
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF DEBRA GOLDBERG REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 54 RAYMOND ROAD R-1
A hearing on this petition was held on October 19, 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Steven Pinto, Robin Stein
and Bonnie BeWr. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from off-street parking to allow a second
driveway for the property located at 54 Raymond Road located in a R-1 zone.
The Variances, which have been requested, upon a finding 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 structure 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 this 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 plans, makes the following findings of fact:
1. The Petitioner's home is located on a steep grade making use of the existing off-street
parking extremely difficult during inclement weather.
2. The use of Petitioner's off-street parking is further aggravated by the property being
located on the apex of a sharp curve.
3. Petitioner is seeking approval for an additional curb cut to allow parking at safer and
more convenient location on her property.
4. The owner of 55 Raymond Road spoke in support of the additional curb cut. A letter
in support was also submitted by the owners of 6 Fairview Avenue
DECISION OF THE PETITION OF DEBRA GOLDBERG REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 54 RAYMOND ROAD R-I
page two
5. The owner of 53 Raymond Road opposed the additional curb cut.
6, The driveway shall be no more than 14 feet.
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
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 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances,codes and
regulations.
2. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
3. All construction shall be done as property exists today.
4. Petitioner shall make improvements to the sidewalk of their property.
Variance Granted Robin Stein �SC�
October 19, 2005 Board of Appe
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 after the
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
Certification of the City Clerk that 20 days have elapsed 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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal