39 IRVING STREET - MARFONGELLI, JOSEPH - ZBA 39 Irving St. R-1
Charles Reed (owner)
- — Joseph Marfongelli (pet) — -
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4 MAR 22 3 at ?h '89
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Poxrb of �u}rral CITY CL ef. !,;,;. ::. HiS&
DECISION ON THE PETITION OF JOSEPH H. MARFONGELLI (PETITIONER) ,
CHARLES L. REED JR. (OWNER) FOR VARIANCES AT 39 IRVING ST. (R-1 )
A hearing on this petition was held March 15, 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal, Vice Chairman; John
Nutting, Secretary; Messrs. , Luzinski 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.
Petitioner is requesting Variances from lot size, density and setbacks to allow
a parcel to be divided and to allow construction of a single family dwelling on
the newly created lot presently part of 39 Irving Street which is located in
an R-1 district. Property is owned by Charles L. Reed Jr.
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 or structures s in the same
g district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the 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, and
after viewing the plans, makes the following findings of fact:
1 . Support to the petition was voiced by three City Councillors;
2. A petition in support of the plan was presented by the petitioner;
3. The proposed new lot would be in harmony with the neighborhood relative
to lot size and numbering.
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 involve a substantial hardship
to the petitioner;
3. The Variances 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.
I
DECISION ON THE PETITION OF JOSEPH H. MARFONGELLI (PETITIONER) , CHARLES
L. REED JR. (OWNER) FOR VARIANCES AT 39 IRVING ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
the relief requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the Salem Fire Dept. ;
2. Proper street numbering for the new dwelling be obtained from
the City Assessor, City of Salem;
3. All construction and dimensions shall be as per the plans submitted;
4. Certificate of Occupancy for the new dwelling be obtained.
VARIANCES GRANTED
Rrchard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE lli.
CENERAL LAWS. CHAPTER 803. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FIGiIG
OF TH:S DECISION IN THE OFFICE OF THE CITY CLERK.
Pu2SA'Ti TO :MASS. Ci-NERAL LAWS. CHAPTER 808, SECTION 11, THE VARIANCE CR SPEC!AL ?`,IIT
.. HER JN. SHALL id7 TA:(E EFFECT UNTIL A COPY OF THEOSCISI:N. BEA;::; W- 1-ZST-
7iCATION OF THE CITY CLERX THAI 20 DAYS HAVE ELAPSED AND NO APPEAL HAS Y'. .`. .ED,
CRt THAT. IF SUCH AN APPEAL HAS BEEN FILE. THAT IF HAS BEEN DIS..'ISSED CR E'J i5
F..4 IADEO IN THE SOJTH ESSE); RE"ISTRY OF CEEDS AND INDEXED UNDER. IHE i;A:,:E OF THE OWNER
OF W�ORD OR IS RECORDED AND NOTED ON THE OrINER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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