7 ROSLYN STREET - BUILDING INSPECTION 7 ROSLYN STREET
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DECISION ON THE PETITION OF MANUEL & OLIVIA MACHADO FOR
VARIANCE ATOSLYN ST (R=3)
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A hearing on this petition was held June 26, 1991 with the following Board Members
present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Mary Jane
Stirgwolt and Associate Member Ronald Plante. 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.
Petitioners, owners of the property, are requesting a Variance from lot coverage
to allow construction of a garage in this R-3 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 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 . Mr. Machado presented his case with no others speaking in favor.
2. An abutter, Mr. McCarthy, opposed the petition as presented by the
petitioners but upon an amended design & conditions, he withdrew his
objection.
3. This is the most feasible location on the lot for the garage.
On the basis of the above findings of fact, and on the evidence presented, the
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 petitioners.
DECISION ON THE PETITION OF MANUEL & OLIVIA MACHADO
FOR VARIANCE AT 7 ROSLYN ST. , SALEM
page two
3. The relief requested 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 four to one, 4-1 , (Mr. Bencal opposed)
to grant the Variance requested, subject to the following conditions:
1 . All construction be in compliance with city and state building codes.
2. All construction be as per the plans and dimensions submitted and amended,
lowering the height of the eve to eight (8) feet and the pitch of the roof
be reduced to 6 - 12.
3. Exterior finish of the proposed garage be compatible with the existing
structure.
4. A building permit be obtained.
5. A Certificate of Occupancy be obtained.
6. All requirements of the Salem Fire Department relative to smoke and fire
safety be strictly adhered to.
7. No commercial storage of any products in this garage.
Variance granted
June 26, 1991
R chard Febonio, 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 Sectlon 17 OL
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date,.of filing of this decision in the office of the City Clerk,
PJrsnant to Mass. General Laws, ChaD'er 808, Section 11, the Variance
Nr ?„^_:iaf Pcrmit gronted herein small not take effect until a copy of the
c'ecision, bearing the certification of the Uy Clerk that 20 days have
e'3psed and no appeal has hnen filed, or that, if such appeal has been
filed, that it has been dismisseu or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or L
is recorded and noted on the o•vmer's Certificate of Title. _
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DECISION ON THE PETITION OF MANUEL & OLIVIA MACHADO FOR FILE#
VARIANCE FOR(7=ROS XN STREj(R-3) CITY CI.ERK•SALEN•MASS. ,
A hearing on this petition was held on May 13, 1987 with the following Board
Members present; James Hacker, Chairman; Messers. Fleming, Luzinski, Strout
and Labrecque. 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 the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner is requesting a Variance from rear and side setbacks to allow
existing deck in this R-3 zone.
The Variance which has been requested may be granted upon a find of the
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 or structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve 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. No opposition.
2. This condition has existed for several years and in no way harms and
detractsfrom the neighborhood.
On the basis of the above findings of facts, and on the evidence presented, the
Board of Appeal concludes as follows:
1. Special conditions exist which affect the subject property but do not
affect the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and without substantially derogating from the intent of the
district or the purpose of the Ordinance.
DECISION ON THE PETITION OF MANUEL & OLIVIA MACHADO FOR
VARIANCE FOR 7 ROSLYN STREET (R-3)
PAGE 2
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
petitioner the requested Variance, subject to the following condition:
1. As per plans shown.
VARIANCE GRAN= /
James B. Hacker
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERIC
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APPEAL FROM THIS DPCISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
CENERAL LAIR;,. CHAPTER 813, AND SHALL BE FLED A`ITH!N 20 DAYS AFTER THE DATE OF FILING
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OF RECORD OR IS RECCGDEO AND NW ZD Ct, TH: OWE ER'S CERIIhCATE OF TITLE
BOARD. OF APPEAL