15 VICTORY ROAD - BUILDING INSPECTION 15 VICTORY ROAD
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a -goard of -Apprul
DECISION ON THE PETITION OF KENNETH BURKINSHAW FOR A
VARIANCE AT 15 VICTORY ROAD _(R=1 )
A hearing on this petition was held June 19, 1991 with the following Board Members
present: Richard Bencal, Chairman; Edward Luzinski, 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.
Petitioner, owner of the property, is requesting a Variance from side and rear
setbacks to allow existing decks in the R-1 zone.
The Variance which has been requested may be granted 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 or 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 decks in question have been in existance for many years.
2. No opposition was submitted.
3. The decks would add to the owners enjoyment of the property.
On the basis of the above findings of fact, and on the evidence presented, 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 provisions of the Zoning Ordinance would-
_involve
a 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.
DECISION ON THE PETITION OF KENNElTH BURKINSHAW FOR A
VARIANCE AT 15 VICTORY ROAD, SALEM
page two
Therefore, the Zoning Board of ADpeal voted unanimously , 5-0, to grant the
Variance requested, subject to the following conditions:
1 . All construction be done per all existing city and state building codes.
2. All construction be done per plans and dimensions submitted.
3. Petitioner obtain a legal building permit.
4. Petitioner comply with all requirements of the Salem Fire Department
relative to smoke and fire safety.
Variance Granted
June 19, 1991
ffichard A. Bencal, Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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Appeal from this decision, if any, shall be made pursuant to Section 17 of
C�
the Mass. General Laws, Chapter 808,and shall be filed within 20 days —
after the date of filing, of this decision in the office of the Lithe Clerk.
Ch;pier 808. Section 11, o
Pursuant to Mass. General Laws, }
or ;a.e-ial Permit 4ranfei herein shall not take effxt until a copy of the
decision, bearing the certification of the City Clerk that p alays hashave
been
elapsed and no appeal has been tiled, or that, if sue t aFP r
Ca
filed that it has been dismisse0 or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
sar's Certificate of Title.
is recorded and noted in the ow
BOARD OF APPEAL