1 DEVEREAUX AVENUE - TALKOWSKI, MAX - ZBA 1 Devereaux Ave. B-1
Max Talkowski (owner)
Ilene Talkowski (Petitioner
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CITY CLERK.SALEM. MASS.
DECISION ON THE PETITION OF ILENE TALKOWSKY ( PETITIONER) , MAX
TALKOWSKY (OWNER) FOR VARIANCES FOR 1 DEVEREAUX AVENUE (B-1 )
A hearing on this petition was held October 28, 1987 with the following Board
Members present: James M. Fleming, Vice Chairman; Messrs. , Luzinski, Labrecque,
Dore and Strout. 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.
The petitioner, represented by Attorney John Serafini, Sr. , is the owner of the
subject property and requests Variances for lot area, rear yard setback, and
frontage to allow for the construction of a single family dwelling at 1 Devereaux
Avenue, Salem. The property is located in a B-1 district.
The Variances which have 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 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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was strong neighborhood support for the petition at the
hearing;
2. The proposed use is in harmony with the existing neighborhood.
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 affect this property but do not
generally affect other properties in the same district;
2. Literal enforcement of the provisions of the Zoning Ordinance would
work a 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.
DECISION ON THE PETITION OF ILENE TALKOWSKY (PETITIONER) & MAX TALKOWSKY
(OWNER) FOR VARIANCES AT 1 DEVEREAUX AVENUE, SALEM,
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following terms and conditions:
1 . Building is to be built as per plans submitted to the Board;
2. All the requirements of the Salem Fire Dept. must be adhered to;
3. The petitioner must obtain a building permit from the building
inspector of the City of Salem;
4. Proper street numbering must be obtained from the City of Salem
Board of Assessors;
5. A Certificate of Occupancy must be obtained from said building inspector;
6. All construction must conform to the requirements of the Mass.
Building Code.
VARIANCES GRANTED
ames M. Fle ing, Esq. , VicVDAND
hairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOA THE CITY CLERK
APPEAL MIA THIS DECISION. IF ANY. SHALL BE h:ACE PURSUANT TO SECTION 17 OF THE t:.,. ..
GENERAL LAWS. v::.PTE°. 833. Af!D SHALL BE FILED "!.'THIN 20 DAYS ATTER THE DATE GF iH
OF THIS DECS:JN IN THE OFFICE OF THE CITY CLERK.
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