18 WINTER STREET - BUILDING INSPECTION 18 WINTER STREET
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1999 MAR 18 A 11: (b
DECISION OF THE PETITION OF MICHAEL&JEANNE CHARNIGO REQUESTING A
VARIANCE FROM THE PROPERTY LOCATED ATS WINTER STREET'R=2 ,
A hearing on this petition was held March 17, 1999 with the following Board Members
present: Nina Cohen, Chairman, Ronald Harrison, Michael Ward, Stephen Buczko and
Paul Valaskagis. 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 petitioners have requested a Variance because the proposed 6 x 8.5 addition will
increase the non-conformity of the lot coverage of 35% stated in Table 1, Art.V1 6,4. The
proposed addition encroaches 28 feet on the rear setback. The R-2 zone requires a 30-
foot setback as required in Table I, Art. VI 6,4.
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
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 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. Petitioner seeks to enlarge a very small kitchen by adding addition.
2. Their architect, David F. Jaquith, of Beverly, represented the petitioners.
3. Mr. Jacquith presented the plans for the proposed kitchen addition.
4. There was no opposition to the petition.
DECISION OF THE PETITION OF MICHAEL&JEANNE CHARNIGO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 18 WINTER STREET R-2
page two
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously,.5 in favor, to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. All construction shall be done as per plans and dimensions submitted and approved
by the Building Inspector.
4. The petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
6. Exterior finishes of the of the new construction shall be in harmony with the existing
structure.
Variance Granted
March 17, 1999 � r 1
Ronald Harrison mac'
Board of Appeal, Member p o
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARDrAND
THE CITY 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 days after the
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