13 JACKSON STREET - GREEN, CATHERINE - ZBA I
13 Jackson St. R-2
Catherine Green
U�
J
Of �Sair , C�ZISSMt�1TSPftS
Pattrb of Pu�tettl
AUG 18 8 29 fu'i X89
FILL%.
DECISION ON THE PETITION OF CATHERINE GREEN FOR VARIANCg�
AT 13 JACKSON STREET (R-2) 0TIYCLCPY.. ,,. 443.
A hearing on this petition was held June 28, 1989 with the following Board Members
present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski and Nutting.
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 seeking the Variances necessary to divide the
existing lot into two lots and to construct a single family dwelling on the newly
created lot at 13 Jackson Street. The locus is in an R-2 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 involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the
public good and without nulliying 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 .fter viewing the plans, makes the following findings of fact:
1 . The size of the lot is in keeping with other lots in the vicinity.
2. Single family homes, as per plans, would be in harmony with the
neighborhood and would enhance the City of Salem tax roll.
3. If a single family house is not allowed to be built, the lot would
have no value.
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 exist which especially affect the subject property but not
the district generally.
2. Literal enforcement of the Ordinance would work a substantial hardship
on 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.
r DECISION ON THE PETITION OF CATHERINE GREEN FOR VARIANCES
FOR 13 JACKSON ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted 4-1 , Mr. Bencai in opposition, to grant
the relief requested, subject to the following conditions:
1 . All necessary building permits must be obtained prior to construction.
2. Plans are to be presented to the Fire Prevention Bureau for approval
prior to the issuance of a building permit.
3. The proposed construction shall conform to all applicable provisions of the
Massachusetts State Building Code, the Salem Fire Prevention Code, Salem
City Ordinances and Massachusetts General Laws, relative to Fire Safetv.
4. Proper street numbering be obtained from the City Assessor.
5. All construction be done as per the plans and dimensions submitted to the
Board of Appeal.
VARIANCES GRANTED
,/J ames M. Fleming, Esq. , Cha an
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
• 'rom
lbrlcci:icn. i; ary, chall be made pursuant to ;vection 17 of
-, id=ss. Canernl Laws, Ch,7ter 303, and shall be filed within 20 days
af�ar the d.ae of tii:n, of this'decision in the otace of tr.e City CIerY..
: -...oat to ".:,._.,. t e;;e c:l Ln:•r.,. Cis .. PJ3, Ser_tinn -,I, the variance
ci 8cosu! Pirmit rrantea herein sh..., .ij; take elf%rt u-:t!I a copy or the
racivx., ber.riny the certification of lite City Clerk that 20 days have
e!:,sed and no :appeal h s been filed, o, that, if such appeal has been
i;led. tnat it has been dismissed or denied is recorded in the South Essex
Fc-,;,try of Deeds and indexed tinder the name or the owner of record or
is recorded and noted on the owner's Certificate of Title_
BOARD OF APPEAL'
I
ELLA T ALLEN CHES7ER B HELEN OLSZEWSKI
3
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CHAIN LINK FENCE ALONG ST E 0 MORTAR WALL
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PLAN OF LAND
JACKSON TEINACE
„ IN
-oF�,\
JOHN °� SALEM, MA
I`' PREPARED FOR
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ASSESSORS MAP 25 LOT 143 A'AL'TER GROSZYK
SCALE 1'=10' APRIL 10• 1989
ZONING R 2 f1ESI0ENTIAL 2 FAMIL Y 1 INCH -,10 FEET HANCOCK SUf7vEY ASSOCIATES INC.
f0 0 0 20 30
REFERENCES., 2 ELECTRONICS AVE. DANVERS• NA
OEEG BOOK 6762 PAGE 172
PLAN BOOK 1503 PLAN 1
3847
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PLAN OF LAND
JACKSON TERRACE ;;;o`" .� IN
SALEM, MA
PREPARED FOR
ASSESSORS MAP 25 LOT 143 ! MAL TER GROSZYK
SCALE 1'=10' APRIL 10, 1969
ZONING' R 2 RESIDENTIAL 2 FAMIL Y
1 :NCH 10 FEET HANCOCK SURVEY ASSOCIATES INC.
}0 0 10 20 30
REFERENCES 2 ELECTRONICS AW. DAN✓ERS, HA
OEEO BOOK 6762 PAGE 172
PLAN BOOK 1603 PLAN 1
3847
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