36-40 MARLBOROUGH ROAD - GEMMA, AL & ELLEN - ZBA 1 S6-40 Ma4borough Rd, R-1
Donald & Paula Masella(Pet)
Al & Ellen Gemma (owners) - \
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DECISION ON THE PETITION OF DONALD & PAULA MARSELLA FOR A
VARIANCE FOR 36-40 MARLBOROUGH ROAD, SALEM
'85 X213 P
A hearing on this petition was held January 9, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnep , Gauthier, 1,gzinski
and Strout. Notice of the hearing was sent to abutters andcothers and notices
of the hearing were properly published in the Salem EveningNewsin accordance
with Massachusetts General Laws Chapter 40A.
Petitioners request a Variance from lot size requirements regarding Lots 28 and
29 on a plan submitted to the Board, specifically a reduction from the 15,000
square feet needed, to approximately 9,967 square feet as shown. the lots are
currently owned by Alfred D. & E1len. F. Gemma and are in an R-1 District.
The Variance which has been requested may be granted upon a finding by 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 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 and
viewing the plans, makes the following findings of fact:
1 . No opposition was presented to petitioner's plan;
9
2. The area is swampy and finding sufficient buildable land to
satisfy the Ordinance is extremely difficult;
3. The swampiness is unique to the area of the lots in question and
is not generally characteristic of the area;
4. If the land is not buildable, this will result in great financial
hardship which would run with the land.
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 and circumstances exist which affect this lot and
do not generally affect the district;
D_-CISION ON THE PETITION OF DONALD & PAULA N,ARSELLA FOR
A VARIANCE FOR 36-40 MARLBOROUGH RD. , SALEM
page two
2. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon petitioners; and
3. The Variance 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.
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 to grant the
petitioners a Variance from lot size requirements for lots 28 and 29 depicted
on the plan submitted with this petition provided that a Certificate of Occupancy
be obtained. The Board specifically notes that this Variance now renders lots ,
153 and 154 on said plan conforming to the requirements of the Zoning Ordinance.
VARIANCE GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE_-PLANNING BOARD AND THE CITY CLERK.
r IF ANY. SHALL 6E MADE PURSUANT TO SECTION 17 OF THE MASS.
APPE`L FRC'!. THIS D , FILED }y1THIN 20 DAYS AFTER THE DATE OF FILIN'
CEHEV1 LAYiS, CHAPTER. SCS, AND, SHALL BE
OFTH'.`.•7 ISI DII IN THE OFFICE OF THE CITY CLERK.
PUEJd;T TO f.•=S CE'rIERAL UV—,. CHAPTER SCS. SECTION ll, THE VA OR SPECHAL °ET .I'
CU I1EREli:, SHALL NqT iAF:E EFFECT UNTIL / GCPI' qf THE�
�� FIIFTCJ OF THE Ci?1' GLEP.5 THAT t DAIS H.:7E E'L SED . .� d p.PPCA� HAS Scvl F!LIS
r_D. -
UR TeS-i. IF s9GH AN APP2AL H'S CEEK FELE. THAI IAN 9IIti sEXEDEEI; `L•�:D�.`: TH.`RF;A%1E CF Thi EYii:6:
REOU'T!'_D IN THE SC•UTH ESSEX RE::ISTH1' OF DEEDS
..-� OF-1F,ECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
x BOARD. OF APPEAL
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