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19 GABLES CIRCLE - BUILDING JACKET P 19 GABLES CIRCLE hAT U 11 36 0 'bI FILE# cow i t �ttg of Iem, n6SUC4ft .SALEM.MASS. �oaril of cAYVenl 4�0(lll�'C DECISION ON THE-PEPITION_OF GAFPANO A. STOCCO FOR A VARIANCE AT'19 GABLES CIRCLE `'(R-1) A hearing on this petition was held on April 29; 1987 with the following Board Members present: James Hacker, Chairman; Messrs.', Bencal Fleming, Luzinski, and Strout. 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 the Massachusetts General Laws Chapter 40A. Petitioner request a variance from side yard setbacks to allow construction of a garage 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 and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to petitioner; and c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating frau the intent of the district the purpose of the Ordinance. The Board of Appeal, after hearing the evidence presented at the hearing and after viewing the plans, the Board of Appeal makes the following findings of fact: 1. Support of the plan was voiced by neighbors, abutters and others: 2. The'shape of the lot is unique and any position the garage would be put in would require variances. 3. The proposed garage would enhance the property in question. 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 affect this lot which do not generally affect the district; 2. Literal enforcement of the Ordinance would work a substantial hardship upon the partitioner; 3. The Variance can be granted without substantial detriment to the public good and without substantially derogating frau the intent and purpose of the Ordinance. DECISION ON THE PETITION OF GAEPANO A. STOCCO FOR A VARIANCE AT 19 GABLES CIRCLE (R-10 Page 2 Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested subject to the following condition; 1. The proposed garage to built no closer than 3' feet from lot #13 as shown on the plan. 2. All construction be done as per the plans submitted; 3. All requirements of the Salem Fire Dept. relative to smoke detectors be cmlplied with; 4. All construction be done per all applicable State Building Codes. 5. A legal building permit be obtained. VARIANCE GRANTED m 0 R;chard A. Bencal, Secretary A COPY OF THIS DECISION HAS BEEN FIT WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GENERAL LAWS. CHAPTER £OR, AND SH'1L BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECIS:OY, Ili THE OFFICE OF THE CITY CLERK. _ PJ RSANT TO C:�SS. CE'::ER?.L 1;915, CHAPTER E36, SECTION 11, THE VARIANCE OR SPECIAL PER`.:IT GRANTED HERE:;. S6ALL B'? TAi;E EFFECT UNTIL A COPT' OF THE CECi31J;:. cEARI!!G 1HE ERT. FICAM'N OF THE CITY CLER': 'iiAi 2- PAYS HA'iE `_L:..'SED A..0 NO APPEAL HAS 5EEN F!LED. R '.H'T. IF SD:.:i A:; APPEAL H:,$ OEC; RLE. THAT IT 1;111 OEEN.DIS°:ISSED :1R CSiiiED IS QE.:.:'._E ' i;t THE 'iH ESSEN RE';"4 LF .EDS AND INDEXED UNDEil TH_ GF THE OR IS REL^RDED AND NDTE3 ON THE OWNER'S CERTIFICATE OF TITLE. ` BOARD OF APPEAL