10 SYLVAN STREET - BUILDING INSPECTION 10 Sylvan St.
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' cow, � CITY OF SALEM, MASSACHUSETTS CITY �
BOARD OF APPEAL CLERK SALEM. MA
i T 120 WASHINGTON STREET, 3RD FLOOR OFFICE
SALEM, MA 01970
TEL. (978) 745-9595
G FAX (978) 740-9846 IUUJ JAN �2 P
STANLEY J. USOVICZ, JR. _ 5b
MAYOR
DECISION OF THE PETITION OF FRANCIS DELEO REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 SYLVAN STREET R-2
A hearing on this petition was held December 18, 2002 with the following Board
Members present: Nina Cohen, Bonnie Belair, Nicholas Helides, Stephen Harris and
Richard Dionne. 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.
The petitioner is requesting dimensional Variances required to subdivide the parcel for
the property located at 8-10 Sylvan Street located in an R-2 zone.
The Variances, which have been requested, may be granted upon a findingby this
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 the 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. Attorney George Atkins, 59 Federal Street represented the petitioner.
2. Petitioner request dimensional variances required in order to subdivide the parcel
which contains a two unit residential dwelling (10 Sylvan Street) and a single-
family residential dwelling (8Sylvan Street).
3. There is sufficient parking on the lots.
4. Cross easements for access to the rear lot and parking in the garage on the rear
lot will be signed in connection with the subdivision.
5. Councillor Michael Bencal spoke in favor of this petition.
DECISION OF THE PETITION OF FRANCIS DELEO REQUESTING VARIANCE FOR
THE PROPERTY LOCATED AT 8-10 SYLVAN STREET R-2
page two
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.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
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 5-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations. .
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. Exterior finishes of the new construction shall be in harmony with the existing
structure.
4. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board
5. Cross easement be recorded providing for parking and access right to the parcels.
VARIANCE GRANTED
DECEMBER 18, 2002
Richard Dionne SC
Board of Appeal
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.
Board of Appeal