36 CROWDIS STREET - SAVICKEY, RICHARD & RITA - ZBA 36 Dearborn St. R-1
Richard & Rita Savickey
s
Cllr
of ialrm,of
ttssttcliusetts
DECISION ON THE PETITION OF RICHARD E. & RITA P. SAVICKEY
FOR A VARIANCE FOR 36 DEARBORN ST. , SALEM
Qp���65
A hearing on this petition was held December 1AN50Qi'Eh the following Board
Members present: James Hacker, Chairman; s. , Charnas, Luzinski, Strout and
Associate Member Bencal. Notice of the hear��PPas sent to abutters and others
and notices of the .hearing were properly p�almhewd ire ,)W�6 Evening News in
accordance with Massachusetts General LawsOA:
Petitioners, owners of the premises, request a Variance from side yard setback
requirements in order to construct a garage in this 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
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 purposes of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . The heavy traffic on Moulton St. and necessity of having adequate
sight lines for backing out of petitioners proposed garage makes it
imperative that the garage be located closer to the side yard
boundary than the Ordinance requires; .
2. This situation is not common to the neighborhood;
3. This petition is substantially different from any other petitions
presented by these petitioners withing the last two years.
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 this property but do
not generally affect other lands, buildings and structures in the
same district;
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to petitioner; and
3. The relief requested 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.
DECISION ON THE PETITION OF RICHARD & RITA SAVICKEY FOR
A VARIANCE FOR 36 DEARBORN ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted four to one, Mr. Bencal voted present,
to grant the relief requested, provided that:
1 . A Certificate of Occupancy be obtained;
2'. The garage conforms to existing finishes of existing house.
VARIANCE GRANTED
Scott E. Charnas, Secretary
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 M`—C.
GENERAL LAWS, CHAPTER W. AND SHALL BE.FILED WITHIN 20 DAYS AFTER THE DATE OF Fi i!i!5
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO WASS. GENERAL L4".5, CHAPTER, 802. SECTION 11, THE VARIANCE OR SFEC!F:L PE LIT
GRANTED HEREIN, SHALL YOB T,.:SE EFFECT UNTIL A COPY OF THE CECISION, BEAFiP:G THE
FICATION OF THE CITY CLER,' itA 30 LAYS HA+E r,APSED AND NO APPEAL HI.S Crc;. FILE„
OR THAT, IF SUCH FN APPEAL HSS BEET! FILE, THAT IT HAS BEEN DIS65ISSED CR, DE:SiED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE GAILE OF THE S;iiEr:
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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