14 SUMNER ROAD - BUILDING INSPECTION Y
14 SUMNER ROAD
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DE,CISION,ON_THE_PETITION OF JEANETTE CARSON FOR A VARIANCE FILE
AT 14 SUMNER ROAD (Rl1 )
�� � CITY RLEW 5i; '-4. i:ASS.
A hearing on this petition was held on December 7, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting, Strout and
Associate Member 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.
Petitioner, owner of the property, is request a variance from rear setback to
allow construction of a 8 ft. by 12 ft. porch in this R-1 zone.
The Variance which has been requested may be gratned 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 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 proposed deck will replace a deteriorated _porch and this will
promote safety;
2. The proposed deck cannot be constructed in any other location without
substantial financial hardship;
3. There was no opposition to the plan.
On the basis of the above findings of fact, and on 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 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.
i
DECISION ON THE PETITION OF JEANETTE CARSON FOR A VARIANCE
AT 14 SUMNER RD. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . All requirements of the Salem Fire Department relative to smoke
and fire safety must be met;
2. All construction must be done as per all existing city and state
building codes and as per the plans submitted;
3. All dimensions of the porch must be as per the plans submitted;
4. Petitioner must obtain a legal building permit.
GRANTED l
Richard A. Bencal, Vice Chairman
A COPT' OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD OF APPEAL