36 DEARBORN STREET - SAVICKEY, RICHARD & RITA - ZBA 36 Dearborn St. R-1
Richard & Rita Savickey
1
J
of '�ttlem, C ussttcl�use##s
3.
s
'Poarb of �}r}settl
H
DECISION ON THE PETITION OF RICHARD_& RITA SAVICKEY FOR r�-r�- S-c M
A VARIANCE AS 36 DEARBORN ST. , SALEM (R-1 ) 3 ma
A hearing on this petition was held March 20, 1985. with the fo3g°wingjoarr-
Members present: James Hacker, Chairman; Messrs. , Gauthier, LavNnsk$,� Stre_at and
Associate Member Bencal. Notice of the hearing was sent to abusers�wd others
and notices of the hearing were properly published in the Salem Bveni'Crg News in
accordance with Massachusetts General Laws Chapter 40A.
I
Petitioners, owners of the property, are requesting a Variance from side yard
setback requirements in order to construct a two car 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
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intend 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 . Petitioner had been denied variance for two car garage on
September , 1 , 1982;
2. Petitioner failed to prove hardship as building could be located
in other section of the property.
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 do not exist which affect the premises and not the
district generally;
2. Literal enforcement of the Ordinance would not involve substantial
hardship to petitioner
3. The requested variance could not be granted without substantial detriment
to the public good or without substantially derogating from the intent
and purpose of the Ordinance.
I
DECISION ON THE PETITION OF RICHARD & RITA SAVICKEY
FOR A VARIANCE AT 36 DEARBORN ST., SALEM
page two
Therefore, the Board of Appeal by a vote of three (3) in favor, two (2) opposed,
denied petitioners request for a Variance.
VARIANCE DENIED
1 4 43-�zS
G aures B. Hacker, Chairman
A COPY OF THIS DECISISION HAS BEEN-FILED WITH THE PLANNING BOARD AND THE CITY CLERK
2
N�
r^r
3T r�j r'1
D n
cn o -0 '1
�-n tV
n
C9 W
rn b
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE l:1 ASS.
i DAYS AFTER THE DATE OF.FILING
GENERAL lA;"iS, CHF=TER 8C8, AND SHL.. BE FILED V�ITHiid 20
CF .4S DECISION IN THE OFFICE OF THE CITY CLERK.
FO' f TC V.—ISS. GENERAL LA41S, CHAPTER 808, SECTION 11, THE VAR•.ANCE CR SPECIAL PERSSIT
CEAP:.E:i YECEi:. SHALL NCT TASE EFFECT UNTIL A COPY OF THEDECIS,^:J, BEAR!'. ME CERT-
rICATIC5 GF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO AFPEAL HAS DEER FILED,
RR THAT, IF SU6H A''; APPEAL HAS EEEN FILE. THAI IT HES BEEN DIS':'ISSED OR DEWED IS
RECORDED IN THE SOUTH ESSEX REGISM OF DEEDS AND INDEXED L'NDE^ THE NA:dE OF THE OWNER.
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
BOARD OF APPEAL
CITY OF SALEM , MASSACHUSETTS
PETITION OF RICHARD AND RITA SAVICKEY
36 DEARBORN STREET
VARIANCE FROM SIDELINE REQUIREMENTS
In the event a variance is granted by the Board of Appeal as to the
side-line requirements of 36 Dearborn Street , Salem, Massachusetts it is
agreed that the variance shall stipulate :
A. That no recreational travel trailer shall be kept or stored on the
premises of 36 Dearborn Street northeasterly of the dwelling thereon .
B. That no truck shall be parked on the premises of 36 Dearborn Street
except in the garage thereon other than for brief and infrequent times
when it is temporarily impractical for the landowner to park truck in said
garage ; nor shall the landowner paPrS his truck on the southeasterly side
PS
of Dearborn Street within foie f et of Moulton Avenue .
C . That the petitioners shall be in full compliance with the laws of
the Commonwealth of Massachusetts and the ordinances of the City of Salem
as to smoke detectors and other pertinent fire prevention provisions .
Executed as an instrument under seal this 20th day of March , 1985 .
Respectfully submitted ,
' - t? _j
Richard E . Savicke
Rita Savickey
Approved :
Albert itc
38 Dearborn Street , al Ma .