3 SAVONA STREET - R-1 THERESA CIVIELLO - BUILDING INSPECTION +3 Savona St. R-1
E 'Theresa Civiello
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No. 153L.2
HASTINGS. MN -
LOS ANGELES-CHICAGO-LOGAN.OH
MCGREGOR,TX-LOCUST GROVE.GA
U.S.A.
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DECISION ON THE PETITION OF THEERESA M. CIVIELLO FOR A
VARIANCE AT 3 SAVONA STREET (R-1)
A hearing on this petition was held November 2, 1994 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen
O'Grady, Nina Cohen and Albert Hill. 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 lot area
to merge two lots into one at 3 Savona Street. This property is located
in a Residential Single Family dwelling. (R-1)
The Variances which have been 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 lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
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 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. There was no opposition to the proposed request.
2. Petitioner Theresa M. Civiello appeared in support of her request for a
variance from lot area to merge two lots located at 3 Savona Street.
Lot 356, which is 5,987 sq. feet and lot 357, which is 6,903 sq. feet.
The combined lot will have a total square footage of 12,890 sq. feet.
3. Mr. John Condon, of 40 Ravenna Avenue, and Mr. Leonard O'Leary, Ward
Councillor, spoke in favor of the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal concludes as follows:
i
1. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioners.
DECISION OF THE PETITION OF THERESA M. CIVIELLO FOR
A VARIANCE AT 3 SAVONA STREET, SALEM
page two
2. Desirable relief can be granted without subst4�.�ial ddt�{ t Np,p the
public goad and without nullifying or substan ftbr #efpgatingfrom the
intent of the district or the purpose of the Or9fldgpes OFrIHASS
3. Special conditions exist which especially affect the subject property
but not the district in general.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, ordinances,
codes, and regulations.
2. All requirements of the Salem Fire Departmeent relative to smoke and
fire safety shall be strictly ahered to.
Variances Granted
November 2, 1994
Nina V. Cohen
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 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 of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
CARTER & TOWERS ENGINEERING CORP.
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Joseph D.Carter 6 FAIRVIEW AVENUE
Professional Engineer SWAMPSCOTT, MASS. 01907
Registered Land Surveyor Tel. 592.8386
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SEWAGE DISPOSAL DESIGNS SURVE
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THE BOARD OF APPEALS:
-`:e -maer<_igned reoresent that e s are :he owners of a certain parcel of land located
^,. . . . . . . . .3,Savona St
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .street; onina District. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : --.no Said oarceaifectea nv -ectionts ) .V.L .Sec. .6-A . . . . .
c RsCgC ��iRxgXBF,� X&31XAAXX Salem Zoning Ordinance V Sec 5-2 (a)
tans cescribing the work proposed, have been submitted to the Inspector of Buildings in
accoroance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Direct Appeal
See Schedule A
Owner. .���•. .��`ti�2'°:�'' ' `' . . .
Address. B. 5Avopp, ,St, SPJAm,,. MA. 01970. . . . . . . ..
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Tel ephone. . 50�88 74 , z8]5. . . . . . . . . . . . . . . .
Petit ione .r. /.�Z ? . .7! . . .
Address . . . . Sayopa, St, , , , SA .Lem.,. MA. . D1970. . .
-ate. . . .10/12/94. . . . . . . . . .
:eIephone. .5p.8. .7.4.5. .2.8.1.5. . . . . . . . . . . . . . . . . . . . . .
By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
,opeais with a check, or advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
our weeks prior to the meeting of the Boara of Appeals . Check payable to The
venino 'dews.
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Schedule A
The petitioners wish to re-configure their existing two lots into a new design for one lot as
shown on the attached plan. The petitioners proposes to combine lot numbers 356 and
357. The resulting square footage is as shown on the plans. To accomplish the merge
the petitioners require a variance from lot area.
Mary L. Civiello has lived in the existing house for many years and has owned the
adjacent lots. I wish to make the lot available to my daughter so that she can reside
close to me. The lot is comparable in size and configuration to similar lots in the
neighborhood. They are part of a subdivision originally laid out in 1928 when lot size and
frontages were not as large as they are today.
Petitioner's land is irregular in shape and topography with several grade changes and an
abundant of ledge. These conditions are unique to this lot and do not affect lots
generally in the zoning district. The petitioners could not particularly acquire additional
land to make the lot conform to zoning. The conditions peculiar to this lot creates
hardship to the petitioners financial and otherwise the relief may be granted without
substantial detriment to the public good and without nullifying or substantially derogating
from the intent to the zoning district or the purposes of the zoning ordinance.
Accordingly, the petitioners request the above variance and further request that it be
granted to allow the petitioners to combine their land substantially in conformance with
the attached plan.
CARTER a TOWERS ENGINEERING CORP.
Joseph D.Carter "
Professional Engineer 6 FAIRVIEW AVENUE
Registered Land Surveyor SWAMPSCOTT. MASS. 01907
Tel, 592-8386
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