89R TREMONT STREET - BUILDING INSPECTION 89R TRE.MO_NT� STREET
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AMENDMENT TO THE DECISION ON THE PETITION OF FERNANDO AND
MARIE COSTA FOR VARIANCES AT 32 IRVING ST.7,89R-TREMONT'ST.—(R-2)
A hearing on this petition was held May 17, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal , Nutting and
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.
Petitioners, owners of the property, are seeking a variance to divide the
parcel into two lots, and to construct a single family dwelling on the newly
created lot. The locus of the property is in an R-2 district.
The decision on this petition was filed at the Registry of Deeds on November
2, 1989, the Board of Appeal at it ' s January 17, 1990 hearing voted unanimously
5-0 to amend that decision by adding the following:
"Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variances requested, more specifically, to construct a single family dwelling
on Lot 298 with frontage (Minimum Lot Width) of 0 feet; a rear yard of 15.5
feet; and an area of 5,818 + square feet of land, subject to the following
conditions:"
All seven (7) conditions of the May 17, 1989 are to remain unchanged.
-" James M. Fleming, Chairma0-
A COPY OF THIS AMENDMENT HAS BEEN FILED "WITH THE PLANNING BOARD AND THE CITY CLERK
'T -r1 L•om this decision, if any, shall be made pursuant to section 17 of
i. ^ R"ass. general Laws, Chapter 8o3, and shall be filed within 20 days
the !ate of fi:in of this decision in the office of the City Cierk.
co p.••-::�nc io \".::e.;. C.cncral Laws, ch,p'er 808, S,e:i-n 11, file Varig^co
jai r;t ^ n;e". heroin she![ no: take eff�:t until a rcoy of the
CV ___ieicn, b_._h:;; ta_ __roi.ic:non of the City Clerk thr;i 21 drvs have
and m app?al nos been filed, or that, it such appeal has been
thoz I: I ,s i:en cii=_mis-cd or calved is recorded in the south Essex
:—i - " Re;ist:y of Dae:s and indexed under the name or the o•.hier of record or.
z .� is recerdcd and toted on the owner's certificate of TiUa.
"6t
BOARD Of APPEAL!
SEP 1) 05 11 tly
FfLLi
(City of Ulem, C ttssttcl��r ef#s .
�Buarb of Aufreal
DECISION ON THE PETITION OF FERNANDO s 9ARIE COSTA FOR
ARIANCES AT 32 IRVING ST./89R TREMONT ST (R-2)
A hearing on this petition was held May 1i,1989 with the following Board
;embers present: Dames Fleming, Chairman; Messrs. , Rental. Nutting and Labrecque.
:iotice of the hearing :was sent to abutters and others and notices of the hearing.
,.ere properly published in the Salem Evening News in accordance with Hassachusetus
'leneral Laws Chapter 40A.
Fetitloners,owners of the property, are seeking a variance to divide the parcel
Into two (2) lots, and to construct a single family dwelling dwelling on he
newiv created lot. The locus of the property is in an R-2 district.
'he Variance .which has been requested may be granted upon a finding c:'
=oard ;hat:
special conditions and circumstances exist which especially affect he -and.
building or structure involved and which are not generaily affecting ocher
Lands, buildings and structures in the same district;
1 . literal enforcement of the provisions of the Zoning Ordinance would Involve
substantial hardship, financial or otherwise to the petitioner;
desirable relief may be granted without substantial detriment to the cubiic
,good and without nullifying or substantially derogating from the intent of
the district or the ourpose of the Ordinance.
-he Boara of Appeal, after careful consideration of the evidence presented ac the,
eari.ra, and after viewing the plans, makes the following findings of Pact:
.2e proposed Plan is in harmony with the surrounding neighborhood.
the utilization of the new lot for a single family dwelling would eliminate
an area where illegal dumping of rubbish and debris has occurea.
Several neighbors and the 'Ward Councillor spoke in favor of the oet'_tion.
oll
ne only use for theland is for a single family residence.
.n the 'Nasi3 of the above findings of :act, and on the evidence rresentea at the
nearing, the Board of ADoeal concludes as follows:
Special conditions exist which esecially affect he subject property gut
not the district generally;
Literal enforcement of the provisions of the Ordinance '.would :pork a
substantial hardship on the the petitioners;
The relief reeuested can be granted without substantial detriment to
.public rood and without nullifying or substantiall_r derogating from ^;e
intent of the district or the nureose of the Ordinance.
DECISION ON THE PETITION OF FERNANDO h MARIA COSTA FOR
7ARIANCES AT 32 IRVING ST./89R TREMONT ST. , SALEM
page ;wo
'"herefore, the Zoning Board of Appeal voted unanimously, 0-0, to grant nhe
variances requested, subject to the following conditions:
1 . Prior to occupancy oI' the new dwelling, the petitioner must obtain
Certificate of 'occupancy.
2. The petitioners obtain the proper numbering of the new dwelling from ^e
Salem Board of Assessors.
3. The petitioners meet all the requirements of the Salem Fire 2eoartment
relative to fire safety.
The only permitted use of the new lot is for a single family 'come.
Z . The petitioners must meet all the requirements of t'ne State Euiidin
Code and perform all construction as per the plans and dimensions suomit`ec
':o the Board of Appeal.
C. The petitioners must erect stockade fencing along lots 298 and 292 for
distance of thirty (30) feet form lot 293.
The petitioners must create by legal instrument the right of :fay a, snown
on the plan submitted. Said right of way must be created in perpet'ui •.; anc
recorded with the Registry of Deeds.
':RANTED
;adm'e=sH. Fleming,
Chairman, Board of Appeal
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNINO BOARD AND THEC771 =H-K
17
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a lilt v in unn dmmi}Sed er 00nied :i recordpo in td12
r.arT:ry of Deeds and indexed under 13 name or 02 er:ner of rc[cro cr
is recorded and noted on the owner's Cartificate of Tide.
BOARD OF APPEAL'