16 CALABRESE STREET - WHITE, LESLIE & LINDA - ZBA ����.,16 Calabbese Std. R-1 .
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DECISION ON THE PETITION OF Leslie and Linda white
FOR A VARIANCE AT 16 Calabrese Street (R-i )
A hearing on this petition was held on May 15 , 1991,
with the following Board Members present : Chairman Richard
Bencal, Richard Febonio, Edward Luzinski , Jane Stirgwolt and
Joseph C. Correnti .
Notice of the hearing 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 is requesting a variance from the sideyard setback
requirement to allow a deck;
in this R-1 zone.
The variance requested may be granted upon a finding by
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 and
structures in the 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 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. That the petitioner will have a nine foot setback from
the sideyard which is one foot short of the ten foot sideyard
setback requirement.
2. That the direct abutter to the sideyard in question,
Ms . Marilyn Bishop; wrote a letter to the Board in strong
support of the granting of the petition.
1
i DECISION ON THE PETITION OF LESLIE AND LINDA WHITE FOR A VARIANCE
AT 16 CALABRESE ST. , SALEM
page two 1�A''1 Z 1 I 152 ki t91
3. That there was no opposition to the petition during the puAlll portion
'ASS
of the hearing. L '"
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 Ordinance would involve sub-
stantial hardship to the petitioners.
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 unanimously, 5-0, to allow the
Variances requested, subject to the following conditions:
1 . All rules and regulations of the Salem Fire Dept. & Fire Prevention Code be
strictly adhered to.
2. All construction be as per the plans and dimensions submitted.
3. Exterior finishes of the construction be compatible with the existing finishes.
4. A Building Permit be obtained.
5. The Salem Building Code be strictly adhered to.
Variance Granted
May 15, 1991
�oseph C. Correnti, Secretary, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
dpoAat from tfils d6cidion, If any,shall be iftade pursuant to gection 17 of
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.
Pursuant to Mass. General Laws, chnn'e, 808, Stiction 11, the Variance
or Retial Permit granted he•ein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days have
elapsed and no appealhasbeen filed, or that,if such appeal has been
tiled, that it has been dismisse0 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
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