3 SUMNER ROAD - BUILDING INSPECTION 3 SUMNER ROAD
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DECISION ON THE PETITION OF MICHAEL CONNOR AND ELEANOR SANDERSON
FOR VARIANCES AT 1 &�=KNER ROAD (R-1 )
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
I//rJose.oh C. Correnti, Secretary
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
,:opoaf From this decision, if any,shall be made pursuant to Section 17 02
the P.tss. Ccneral Laws. Clinptcr 303, and shall be filed within 20 days
afar G', date of film^ of this desision in the office of the City Clerk.
i4• r' n, !o Moss. Gensnl Lams, Ch.•?ter S03, Section 11, t:m Variance
c, ^-i: Perrn'd r•„nted hr,rein sh.al aut Y.ke erect aid a copy of C,3
[-.'on, ;ocr;n, the certif;cation of tijn City Cl-rl; t!, t 20 days have
ria,ri:: and no cppeal hes been t•.r.d, or Cut, if such appeal Ills been
filed, that it has been 6.;misseu or denied is recorded in t..^.e Snuth Essex
Registry of Dceds ana indexed under the name or the owner of record or
Is receded and noted an the owner's Certificate of Title. O
BOARD OF APPEAL r
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FILE;
;ITY CLERK. `.;',L! H. :HAISS
FORM A - DECISION
Ms. Josephine Fusco
City Clerk
Salem City Hall
Salem, MA 01970
Dear Ms. Fusco:
At a regularly scheduled meeting of the Salem Planning Board
held on November 21, 1991 it was voted to endorse "Approval Under
Subdivision Control Law Not Required" on the following described
plan:
1. Applicant :
Michael R. & Carol A. Connor
3 Sumner Road
Salem,MA 01970
2. Location and Description:
3 Sumner Road
Salem,MA 01970
Subdivision of One Sumner Road, Salem to be purchased by
owners of 3 Sumner Road. All ledge area. (Parcel is non-
buildable and Variance has been granted by the Board of Appeal) .
Deed of property records in Essex South District Registry.
Sincerely,
; F
Walter B. Power , III
Chairman
EX\DH\BPFORMA