32 IRVING STREET - COSTA, FERNANDO & MARIE - ZBA OMMMMFP' .32 Irving St. & 89R".Tremont St. R-2 _
Fernando & Marie Costa
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AMENDMENT TO THE DECISION ON THE PETITION OF FERNANDO AND
MARIE COSTA FOR VARIANCES AT 32 IRVING ST./89R TREMONT ST. (R-2)
A hearing on this petition was held May 17, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal , Nutting and
Labrecque. 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.
Petitioners, owners of the property, are seeking a variance to divide the
parcel into two lots, and to construct a single family dwelling on the newly
created lot. The locus of the property is in an R-2 district.
The decision on this petition was filed at the Registry of Deeds on November
2, 1989, the Board of Appeal at it's January 17, 1990 hearing voted unanimously
5-0 to amend that decision by adding the following:
"Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variances requested, more specifically, to construct a single family dwelling
on Lot 298 with frontage (Minimum Lot Width) of 0 feet; a rear yard of 15.5
feet; and an area of 5,818 + square feet of land, subject to the following
conditions:"
All seven (7) conditions of the May 17, 1989 are to remain unchanged.
iames M. Fleming, Chairm
vO-
A COPY OF THIS AMENDMENT HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
v
Ar-. o^J from this decision, if any, shall be made pursuant to Section 17 of
t-.e mass. General Laws, Chapter 8o8, and shall be filed within 20 days
L zl-.ar the date of filing of this decision in the office of the City Cicrk.
ap _ P-r ;;.^nt to M-acs. �-oneral Laws, Ch ip;er 808, S-ac.i-•n 11, the variance
rcrctit ^-ante:' herein sha!I not take effect until a crny of the
tno certification of the City Clerk that 2.0 days have
n- elzpsed and lnaappeal has been filed, or that, if such appeal has been
T1
_ I:_d, that ii Is been dismissod or canied is recorded in the Sour Essex
Reg st:y of Oaeds and indexed under the name or the owner of record or,
is recorded and r.oted on the owner's Certificate of Title.
`3 BOARD OF APPEAL!
SEP Z 1 3 05 i' `6
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DECISION ON THE PETITION OF FERNANDO & MARIE COSTA FOR
VARIANCES AT 32 IRVING ST./89R TREMONT ST. (R-2)
A hearing on this petition was held May 17,1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting and Labrecque.
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.
Petitioners,owners of the property, are seeking a variance to divide the parcel
into two (2) lots, and to construct a single family dwelling dwelling on the
newly created lot. The locus of the property is in an R-2 district.
The Variance which has been requested may be granted upon a finding of the
°oard that:
_. 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:
. 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
nearing, and after viewing the plans, makes the following findings of fact:
i . The proposed .plan is in harmony with the surrounding neighborhood.
2. The utilization of the new lot for a single family dwelling would eliminate
an area where illegal dumping of rubbish and debris has occured.
Several neighbors and the Ward Councillor spoke in favor of the Detition.
- . The only use for theland is for a single family residence.
On the basis of the above findings of fact, and on the evidence presented at the
nearing, the Board of Appeal concludes as follows:
. Special conditions exist which esecially affect he subject property but
not the district generally;
L. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the the petitioners;
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 FERNANDO & MARIA COSTA FOR
VARIANCES AT 32 IRVING ST./89R TREMONT ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variances requested, subject to the following conditions:
1 . Prior to occupancy of the new dwelling, the petitioner must obtain a
Certi"icate of Occupancy.
2. The petitioners obtain the proper numbering of the new dwelling from the
Salem Board of Assessors.
3. The petitioners meet all the requirements of the Salem Fire Department
relative to fire safety.
4. The only permitted use of the new lot is for a single family home.
5. The petitioners must meet all the requirements of the ; State Building
Code and perform all construction as per the plans and dimensions submitted
to the Board of Appeal_
b. The petitioners must erect stockade fencing along lots 298 and 292 for a
distance of thirty (30) feet form lot 293.
7. The petitioners must create by legal instrument the right of way as shown
on the plan submitted. Said right of way must be created in perpetuity and
recorded with the Registry of Deeds.
GRANTED
471 ames M. Fleming, —Esq.
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
3er':on 17 of
t:c n Cencral Lav,s. Cli-iper K-8, n.l shell he fi d r 20 Jays
,f d_te of t' — of this decision In the ohice of Tile City C!crk.
Ch:c' : - Say: i t. t!1e `-viance
,J hn :- . �.n:e'I A_,:. e effect until if coli r
er;�
nn :,_^rii ; certiP anon of (lie (':: Cl:1 If th-it .:'1 ca.;s hove
aced z.ul r,o appeal his been filed, or :hz if such r;pnell has 'o_en
t'n.:,i h,-s Leen dismissed or denied is recordad in the sout-, "-sex
Regs:ry of Deeds and indexed under ih= name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
We, the undersigned neighbors and abutters of Alice Costa and Fernando Costa of
32 Irving Street, Salem; Massachusetts, do hereby assent to and support their request
fora Variance to build a single family dwelling to the rear of said 32 Irving Street,
Salem, Massachusetts with access directly across their lot from Irving Street.
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We, the undersigned neighbors and abutters of Alice Costa and Fernando Costa of
32 Irving Street, Salem, Massachusetts, do hereby assent to and support their request
for a Variance to build a single family dwelling to the rear of said 32 Irving Street,
Salem, Massachusetts with access directly across their lot from Irving Street.
NAME ^ ADDRESS-
Al
If
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ANKELES. HARMON F6 BONFANT[
COUNSELLORS AT LAW
'7 Street
PEABODY, MASS. 01960
HARRY ANKELES AREA CODE 508 -
MARSHALL E HARMON 531-7000
DAVID L.ANKELES FAX 508
LEONARD A.BONFANTI 532-3597
PHILIP T. DURKIN
ATHAN A. VONTZALIDES
MATTHEW E. REGAN
November 28, 1989
Board of Appeals
City of Salem
One Salem Green
Salem, MA 01970
Re: Variance/Fernando & Marie Costa
32 Irving, Street, Salem, MA
Dear Members of the Board:
May I please have a fev minutes of your time at your business meeting in
January 1990, for the purpose of clarifying the above referenced variance granted
on May 17, 1989.
A group meeting with the Fire Department, Planning Department and. Building
Inspector's Office was held on November 2, 1989, to dfscu<;s obtaining, a Building
Permit for the proposed dwelling. The Building Inspector and Planning Department
require that the variance decision include the dimensional variances granted.
Thev requested that I obtain a written decision, reflecting same rather than only
making reference to the plan submitted with the application. To that end, I
bRii-PVF'_ the variance decision should read, "Therefore, the Zoning Board of Appeal
voted unanimously, 4-0, to grant the variances requested, more specifically, to
construct a single famil? dwelling on Lot 298 with frontage (minimum lot width)
of 0 feet; a rear yard of 15.5 feet; .and an area of 5,818'- square feet of land,
subiect to the following Gond-;-tions:
1. Prior to occupancy of the new dwelling, the petitioner" must obtain a
Certificate of Occupancy.
2. The petitioners obtain. the proper numbering of the new dwelling from
the Salem Board of Assessors.
3. The petitioners meet all the requirements of the Salem Fire Department
relative to fire safety.
4. The only permitted use of the new lot is for a single family home.
5. The petitioners must meet all the reouirements of the State Building
Code and perform all construction as per the plans and dimensions
submitted to the Board of Appeal.
ANKELES, HARMON Fh BONFANTI Page 2
6. The petitioners must erect stockade fencing along Lots 298 and 292
for a distance of thirty (30) feet from Lot 293.
7. The petitioners must create by legal instrument the right of way as
shown on the plan submitted. Said right of way must be created in
perpetuity and recorded with the Registry of Deeds.
Would you kindly notify me of the date of your meeting and I will appear to
answer any questions the Board may have.
Very truly yours,
ANKELES, HARMON & BONFANTI
By
Athan A. VontzaLides
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DECISION ON THE PETITION OF FERNANDO .< i4ARIE COSTA FOR
'ARI.aNCES AT 32 IRVING ST./89R TREMONT ST. (R-2)
hearing on this petition was ..eld Nav 1 ;, 1989 with the following Board
!embers present: James Fleming, C;aairman; Messrs. , Bencai, :Tutting and Laorecaue.
:iotice of the hearing was sent to aoutters and others ana notices of the hearing
were properly published in the Salem Evening News in accordance with i,Iassachusetta
general Laws Chapter 40A.
7etitioners,owners of the property, are seeking a variance to divide the :Darcei
nto two (2) lots, and to construct a_ single family dwelling d:reiL ng on Lile
rewly created Lot. The locus of the property is in an R-2 district.
-lie varlance which has -been requested may be granted upon a .'finding of ,':e
pard -hat:
special conditions and circumstances exist which especiaiiv a"ect -.`Te land.
i;uilding or structure involved and which are not : ereraill affecting .'her
'and;, buildings and structures in the same district:
literal enforcement or' the provisions or' the Zonin, Ordinance would involve
substantial hardship, financial or otherwise to the petitioner:
desirable relief may be granted without substantial detriment to the cublic
.rood and without nullifying or substantially derogating from the intent of
-lie district or the purpose of the Ordinance.
':lie Eoara of Appeal, after careful e:onsideration of the evidence Presented at the
earin�7, rnd after rieiaing the plans, makes the followin_ findings of .`act:
`he proposed plan is in harmony with the surrounding neighborhood.
-.,e utilization of the new lot for a single family dweiling would eliminate
an area where illegal dumping of rubbish and debris nas occured.
-neral neighbors and the ':^lard Councillor spoke in _ --vor c_ t'ne oet'_',ion.
-"e only use for theland is for a_ single family residence.
_n ;;o i,)3Sl`. OI the above findings Of :act, and on the evidence oresentec at the
earin_, the Board of Appeal concludes as follows:
Special conditions exist which esecially affect h_ suoject property rut
not the district generally;
._feral nforcement of the provisions of the Ordinance would .aorto a
uostantial hardship on the the Petitioners;
:he relief requested can be granted without substantial detriment to .he
Public good and without nullifying or substantially d=erogating from ;
intent of the district or the Purpose of the Ordinance.
a
DECISION ON THE PETITION OF FERNANDO & MARIA COSTA FOR
IARIANCES AT 32 IRVING ST./89R TREMONT ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variances requested, subject to the following conditions:
1 . Prior to occupancy of the new dwelling, the petitioner must obtain a
Certificate of Occupancy.
l. The petitioners obtain the 4roper numbering of the new dwelling Prom the
Salem Board of Assessors.
5. The petitioners meet all the requirements of the Salem Fire Department
reiative to fire safety.
e only permittee use of the new lot is for a singie family home.
7 . The petitioners must meet aii the requirements of _he State Building
Code and perform all construction as per the plans and dimensions su'omittea
no the Board of Appeal.
petitioners must erect stockade fencing along _pts 293 and 292 Con a
distance of thirty ( 30) feet form iot 293.
The petitioners must create by legal instrument the right of ,ray as snot-n
on the plan submitted. Said right of way must be created in perpetuity ano
^ecorded with the Registry of Deeds.
KRANTED
/YI91�lL�YJ. �C�T11L n
James M. Fleming -7s q-
iChairman, Board Appeal
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNIiG BOARD AND THE CITY CLERK
w he-1 L,, c" -�_.. d on c. :nA, nr. m[:'a n :.11' 'c .. _->on 17
of
i 20 ..5
)_,0 of t:I,;!q cI ms dsoww m the W"" of the (..:;
un{ : _ r.:rc❑non rr tt:e ':.:': 0::i k III .t .i"
hI; bC•n L''..'!, or 1 ii SL-n .. ... ..:._❑
Leen (6min:'ed or donao L; recordoo In 1110 .`;2,1
`.^
p,t-,;r; of Me& and indexed under d'.: n_me or Cie o"ner of r_ora or
is recoracd and noted on the owner's C=rnCcate of I.tie.
BOARD OF APPEAL'
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< �aCos aS
" COf' PLAN REFERENCE: APPROVAL UNDER THE SUBDIVISION
'PLAN OF BUILDING LOTS IN DANVERS 6 SALEM FOR SALE BY E.S. CONTROL LAW NOT REQUIRED.
M P 6 POOR & W.D. NORTHEND, SCALE 1 "=100 ', NOVEMBER 1852, J.C.
FOSTER, C.E. " FILED IN ESSEX SOUTH REGISTRY OF DEEDS AT THE SALEM PLANNING BOARD
END OF BOOK 476.
Gecur S>ttrt ,
L U $
U Y Nor
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I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND
REGULATIONS OF THE REGISTERS OF DS.
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LOCUS MAO
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LOT 297
I.R. (SET) LOT 299
ADOLF L. 6 CHRISTINE D'AMORE WILLIAM G. 6 SIMONNE GONGAS
/ 91 TREMONT STREET 89 TREMONT STREET
,
14
SQA 1h. 6 AppA \\ OF Mos.
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O S � ROBERT cf
u' \ BOWMA
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! DETAIL - o
o S I.P l FD.) \ 3 \ i /kAL LINOS
NOT TO SCALE AS\ O� \ SS I.R. (SET)
h00 \7S. /'. LOT 293 ` f o p
Ap c�O u� �k22 JOSE 6 MARIA SIL VA �6\\ ?oo LOT 298
34 /RVING STREET ck A= 818rS.F
1
LOT 300
9� LOT 292 GARAGE TO 3� ,Db ANTONIO & ADAIDE PICANO
A= 5,128is.E BE REMOVED
0E- ' 0 85 TREMONT STREET
'00 0p ' S
AaODI
LOT NUMBERS REFER TO CITY OF SALEM
PA ASSESSORS MAP 16.
0 1 1.R. (SET)
00
#32 �P QL \61 1?
�� SO 2� \o °aho
0 CN
YS, OQO LOT 291
`fSi QQ STEVEN J. & CARLA BEKERITIS
30 IRVING STREET
FOR RE61SW USE ONZY - \ PLAN OF LAND
IN
SALEM
PROPERTY OF
FERNANDO REIS & MARIA ALICE COSTA
SCALE: 1 "=20 ' NOVEMBER 1, 1989
NORTH SHORE SURVEY CORPORATION
1 INCH = 20 FEET 181 ESSEX STREET — SALEM, MA.
20 0 20 40
#392
LOT 290
WILLIAM C-. r:-()NC-AS
89 TREM(NT STREET
r —
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LOT 297 I y 30C
A00tr L. e CHRISTINE D'AMORE �— ,;;-- /21� ANTEN1.0T
P/FANO
Ql TREMGN7 STREET Z? f '
E57A'EMi'NT STREET
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R06ERt' w
e
/ 60�N�AN
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.a No. P887 g
.. _. . /' 77.Or, AcCISTEP��e
[C-ARAGE
TO REMOVED f
LOT 293
JO ;F MARIA _-
ILVA II AREA=56"q
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LOT z91 LCT 2�*l
5TE1'EA' J �LAFLA FEKERITI(i
Io
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X34 q? J
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I H VINO IS3 TREE T
PLAN OF LA AID
/�
ALL LCTN%MFERf REFER7r CITY SALEM
OF SALEM A55ESSCR` MAP /6.
PRC)FEF'TI rF
ZCNING f-1AL LT 15 R2 FEIAN4NDC AT15 �' MA; ,,-V ALIC. COQTA
RESIDENTIAL TWO rAlI/L Y
SCALE : I"=20' FF_FRUARY lP, 11ne-
zo _ Qo
NORT,u SHCRE R -AVFy'
/3/ ESSEX STREET- SAI EM, AIA
#.392
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