2 BERUBE ROAD - BUILDING JACKET 1 2 BERUBE ROAD
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Paurb of Appeal rir s.
DECISION ON THE PETITION OF THOMAS g LOUISE BURKE FOR VARIANCES
ATJ2'—BERUBE ROAD R 1 )
A hearing on this petition was held November 29, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Nutting 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.
Petitioners, owners of the property, are requesting Variances from side and rear
yard setback requirements to allow construction of a garage and deck in this
R-1 district.
The Variances which have 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 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 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 . There was no opposition to the petition.
2. Several neighbors and Councillor O'Leary expressed their support
for granting the relief requested.
3. The proposed location of the garage and deck is the only location
where the petitioner can build them.
4. The garage and deck are in harmony with the existing neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, 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
substantial hardship to the petitioner.
DECISION ON THE PETITION OF THOMAS AND LOUISE BURKE FOR
VARIANCES AT 2 BERUBE =OAD, SALEM
page two
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 Duroose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 , to grant the
Variance requested, subject to the following conditions:
1 . All the requirements of the Salem Fire Department, relative to fire safety,
be adhered to.
2. All construction comply with the State Building Code and be done as per the
plans and dimensions submitted to the Board of Appeal.
3. All exterior finishes of the new construction be in harmony with the exterior
finishes of the existing dwelling.
VARIANCES GRANTED
James M. Fleming, Chairma
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 Of.
the ht¢s. Coneral Laws, Chapter 803, and shall be filed within 20 days
attar the (late of f!l,nr, of this decision in the office of the City Clerk,
Prrrre,:ni U ".', .;. C.^n^r:+.I Lars. Cha^-nr C'S S.rlion 11, the Varianco
or i:::.,-;,,I Ferrr:t nte;l litre.n shall rat t'.kc •.lfuct !mil a copy of the
ecc:.ion. be ulna, t!;-, ccilihcaton of tiro Ci:y C:o.:: shit 20 drys hove
1 ant no .....a. 1 h.:; hcr:n tiled. or that. if -uc:!: n;is been
., I ! ;' h. -. t.:an •!I n•,r..;.;: or denied it mcor-i I in lire South C,scx
.. . "iry c! h.rl.; and m ii—,d ander the name or the owner of record or
i; rceoreed .roil noted on the owner's Certificate of Title.
BOARD OF APPEAL