13 MAPLE AVENUE - JOHNSON, PETER - ZBA 13 Maple Ave. R-1
Peter Johnson
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DECISION ON THE PETITION OF PETER JOHNSON FOR A VARIANCE
FOR 13 MAPLE AVENUE (R-1 )
A hearing on this petition was held April 18, 1990 with the following Board
Members present: James Fleming, Chairman; Richard Bencal , Edward Luzinski ,
Mary Jane Stirgwolt, Associate Members Peter Dore and Arthur Labreque. 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 rear setback
requirements to allow the construction of an addition 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 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, and
after viewing the plans, makes the following findings of fact:
1 . The proposed addition will encroach approximately eight (8) feet into
the required rear setback.
2. No opposition to the proposal was expressed.
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 petitioner.
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.
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DECISION ON THE PETITION OF Peter Johnson for a VARIANCE
FOR 13 MAPLE AVENUE, SALEM
page two
Therefore,_ the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . All conditions of the Salem Fire Department relative to smoke and fire
safety are to be strictly adhered to.
2. A Certificate of Occupancy for the addition is to be obtained from the
City of Salem Building Inspector.
3. Exterior finish-.of the proposed addition must be in harmony with the
existing structure.
4. All construction be in accordance with existing City and State Building
Codes and as per dimensions shown on the plan submitted.
VARIANCE GRANTED r
Mary Ja V
tirgwo t, Me rr, 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 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
Pursuant to Mass. General Clerk.
or Permit v, �ws. Chapter 808, Sectioh 11, the Variance
nted herein shall not take eflect until a COPY of t
decision, bearin7 the certification of the Cit
elapsed and no a Y Clerk that 20 da s he
filed, that it has be', d smi sed or denied an filed. or that
is recorded appeal
the Y have
ppeal has been
Registry of Deeds and indexed under the name or the ownersouth Essex
Is recorded and noted �n the owner's Certificate of Title. of record or
BOARD OF APPEAL,
.r,a>mgb
b r� (1lit of $Ulem, 'Massadjusetts
Poura of '�upeul
April 1 , 1990
Peter Johnson
13 Maple Avenue
Salem, MA 01970
Dear Mr. Johnson:
Your application to the Board of Appeal for a Variance at
13 Maple Avenue, Salem, was scheduled for March 28, 1990. You and
your abutters were notified by mail of this date, notice of the
meeting was also published in the Salem Evening News on March 14 and
again on March 21 , 1990. For some unknown .reason, you failed to
attend this meeting and you have not made any contact with the Board
to explain this absence. The Board did however, most graciously, vote
to allow this application to be continued until the April 18, 1990
hearing. This continuance is conditioned upon your satisfying the
following requirements:
1 . Petitioner must sign a waive of time requirements
relative to the Zoning Board of Appeal hearing said
application for Variance.
2. All abutters and abutters to abutters are to be notified by
the Petitioner of the new date of hearing, said notification
is to be by Certified Mail . The receipts of these Certified
notices will be placed on file with the Board.
3. A letter requesting a continuance be received by the Board
prior to the April 18th hearing, said letter shall include
reason for failure to attend the original hearing.
For your convenience I have enclosed a Waiver of Time form for
your signature and a copy of the Certified List of Abutters to be
notified. If you have any questions please give me a call at 745-9595
extension 381 .
for the,
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Enclosures: (2)
4 Titu of ttlem, � ttssttcliusetts
Pattra of 'Ay
peal
We the undersigned do hereby waive all rights with regard to time
requirements for the Zoning Board of Appeal relative to hearing
the following application:
Property Location 13
Original Meeting date ��arS�/fly
New Meeting date
Signature of Petitioner and/or his/her Representative:
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