1 SUMNER ROAD - BUILDING INSPECTION I Sumner Rd.y v
I
S///!
////
No. 153L-2
HASTINGS, MN
LOS ANGELES•CHICAGO-LOGAN.OH
MCGREGOR.TX-LOCUST GROVE,GA
U.S.A.
CITY OF SALEM, MASSACHUSETTS
CITT OF SALEM. MA
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9848 1006 FEB — I A fO: 22
DECISION OF THE PETITION OF NORMAN DARISSE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 1 SUMNER ROAD R-1
A hearing on this petition was held on January 18 2006 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Edward Moriaty,Bonnie
Belair and Nicholas Helides. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening New in accordance
with Massachusetts General Laws Chapter 40A.
The petitioner is requesting relief from off-street parking regulations to allow a second
curb cut and driveway for the property located at 1 Sumner Road in a R-1 zone.
The Variances, which have been requested, upon a finding 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 structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of 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. The Petitioner, Norman Darisse appeared and represented himself at the hearing.
2. Petitioner is seeking relief from off-street parking to allow a second curb cut and
driveway. Pictures were submitted the property.
3. Board Member Edward Moriarty had concerns with losing the green space area of the
property by paving it over.
4. Councillor Joseph O'Keefe appeared and spoke in favor of this petition.
_r
CIT'r OF :ALEM, MA
CLERK'S OFFICE
DECISION OF THE PETITION OF NORMAN DARISSE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 1 SUMMER ROAD R-1
page two 1006 FEB - I A 10. 22
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
3. Desirable relief 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.
- Therefore; the Zoning-Board of Appeal voted 4-1, to grant the Variances requested, - ---
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done be the plans and dimensions submitted and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke shall be strictly
adhered to.
Variance Granted
January 18, 2006
6onnie Belair \
Board of Appeal CS��`
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 day
date of filing of this decision in the office of the City Clerk. Pursuant to
Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
0
_ o
r or
'^3
O y
N
N
uFgM
(9ity ofulem, ussrztljusetts
Boura of rAUFcal GOT 'JL 330`-;
DECISION ON THE PETITION OF MICHAEL CONNOR AND ELEANOR SANDERSON
FOR VARIANCES AT(1�& 3 SUMNER RROAD (R-1 )
VV
A hearing on this petition was held October 16, 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio,
Mary Jane Stirgwolt and Associate Member Ronald Plante. 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 are requesting variances to allow the property to be divided so as to
allow the transfer of approximately 2589 sq. ft. land in the rear of 1 Sumner Rd. ,
which is owned by Eleanor Sanderson to 3 Sumner Road, which is owned by Michael
Connor. Both parcels are located in an R-1 zone.
The Variances which have been requested may be granted upon a finding by this
Board that:
1 . 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 in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
3. 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 . The petitioner, Michael Connor, wishes to divide the lot per plans
and dimensions submitted, thus adding + 2589 sq.ft. to his lot at
3 Sumner Road.
2. The lot at 3 Sumner Road is unique in size, shape and grade in that it is
located on a hill with steep ledge along the back lot line and only one
means of ingress to his house from the street.
3. That the petitioner, Eleanor Sanderson, who is selling the + 2589 sq.ft.
to Michael Connor, testified that the area in question is used by Mr. Connor
anyway as a driveway/parking space.
4. That the abutters testified that petitioner and petitioner's predecessors
in title have used that area in question to park for the past 30 years.
5. That there was no opposition to the petition.
DECISION ON THE PETITION OF MICHAEL CONNOR AND ELEANOR SANDERSON FOR
VARIANCES AT 1 & 3 SUMNER ROAD, SALEM
page two
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 in general.
2. Literal enforcement of the Ordinance would involve substantial hardship to
the petitioners.
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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1 . Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. That all requirements of the Salem Fire Department and the Salem Fire
Prevention Bureau be strictly adhered to.
3. That the approval of any other Board or Commission which might have
jurisdiction is to be obtained.
Variances Granted
October 16, 1991 1
,�rJoseAbh C. Correnti, Secretary
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
r' maf From this decision, if any, shall be made pursuant to 9ectfon 17 Q1
dl
dtc f•.Lss. Ccneral ll Clc.pter 808, and shall be filed within 20 1,:Ys
after t: data of Pilin^, of this decision in the office of the City Clctk.
f•.�r to Mzisz. Gener.il Laws, Ch..ater 808. section 11, L'te Variance
c, as Frrm4 ranted herein sh.:ll art t.ke. e'r-'ct :nt;l a copy of M3
e,.ii:'on, Lcs:ng the certificotion of lljn City CL-r!; Loat 20 days hrrie
elapsod and no cppeol hUz beta f'.!e.;t, or that, if suds appeal tins been
tf:v.d, Ltat it tins been 4srnisseu or denied is recorded in L'•e Scuth Essex
Registry of Dceds and indexed under the nan-.e or the owner of record or
Is rete.ded and noted an the owner's Certificate of Title. n p
BOARD OF APPEAL? r- ~
+j
o.
4D
c,
c ua