36 DEARBORN STREET - SAVICKEY, RICHARD E & RITA P - ZBA 36 Dearborn Street
Richard E. & Rita P.
Savickey
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DECISION ON THE PETITION OF RICHARD E. SAVICKEY REQUESTING
A VARIANCE FOR 36 DEARBORN STREET
A hearing on this Petition was held on September 1, 1982, wif-Ij the following
Board iiembers _.sent: Douglas Hopper, Chairman, Messrs. Hacker, LaBrecq� S .
Feeherry and Associate Member Luzinski. Notice of the heafkizg- was
sent to abutters and others and notices of the bearing -were published
in the Salem Evening News in accordance with Massachusetts General
Laws Chapter 40A.
The Petition of Richard Sayickey requesting a variance to build a two-car
garage to within three feet of the side yard property line.
A variance is required because the proposed garage would encroach into
the side yard restriction in an R-1 district.
The Board of Appeals, after consideration of the evidence presented
at the public hearing and after viewing the property makes the following
findings of fact:
Because of the size and configuration of the
• Petitioner's lot, it is not necessary for him
to construct the garage at the proposed
location. The garage could be located on the
property in a manner which would not violate
minimum side yard requirements.
On the basis of the above findings of fact, and other evidence presented
at the public hearing, the Board of Appeal concludes as follows:
A. The Petitioner failed to establish circumstances relating to the
land or structure which affect that property but do not generally
affect the zoning district in with the property is located.
B. The Petitioner failed to establish that a literal enforcement of the
provisions of the Salem Zoning Ordinance as applied to the site would
involve substantial hardship to the Petitioner.
C. The Petitioner failed to establish that the requested variance could
be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent
and purposes of the Salem Ordinance.
Therefore, the Board of Zoning Appeal voted in opposition to the granting the
requested relief. The Board denies a variance to the Petitioner.
LCOPYMessrs. Hacker and Luzinski voted to deny. Messrs. Hopper, LaBrecqueand Feeherry voted "present".
Anthony 11. Feehrry, Sect tary
OF THIS DECISION AND PLANS PAVE BEEN FILED UITH THE PLANNING BOARD AND CITY CLERK
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BOARD Of APPEAL