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24 GABLES CIRCLE - BUILDING JACKET a �_ �� � r� �3 ��5 ���- 3�.COYW1 May Il 3o.3 Ctv of ttlrm, Httsstttl#use# t6* L p Poarb of ApprA orry CLERK.6'AiEK,MASS. DECISION ON THE PETITION OF PAUL & NANETTE VALASKATGIS FOR VARIANCES AT 24 GABLESTCIRCLE (R�1 ) A hearing on this petition was held April 27, 1988 with the following Board Members present: James Hacker, Chairman; Messr. , 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 Massachusetts General Laws Chapter 40A. Petitioners, owners of the property, are requesting a variance from side setback requirements to allow the construction of an addition in this 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; 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 makes the following findings of fact: 1 . There was no opposition to the proposed addition; 2. Outcroppings of ledge at this location require that any addition be built as shown on the submitted plans. 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 generally; 2. Literal enforcement of the provisions of the Ordinance would work a substantial hardship on the petitioner; 3. The relief requested 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 PAUL & NANETTE VALASKATGIS FOR VARIANCES AT 24 GABLES CIRCLE, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance requested, subject to the following terms and conditions: 1 . Petitioners comply with all requirements of the Salem Fire Dept. 2. Proposed addition be no closer than 5.5 feet to the lot line, as shown on plans. GRANTED ) ames B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ISION. I�` ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE M4*S. APPEAL FROM TI-h, DECER SGS. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING GENERAL LAWS, GRAPI OF THIS DECISION IN THE OFFICE OF THE CI1Y CLEP.K. OR PRANTED PO`RENSSHALL PkI NDTLAwS. CHAPTER P E EFFECT UNTL A`COPY IOFITHE DECSTHE RIT" BEARIN PETREL CERT IT I%ATICN OF THE CEY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HOS BEEN FILED. D IS ,'R THAT. IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN IS"•'.IS T OR DENIEDHE NAME OF THE OWNEF RE:.ORDED IN THE SOUTH ESSEX REuISTRY OF DEEDS AND INDEXED UNDER TT OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL N A BUILDING DEPT qty JU?i 6 11 Aw 189 RECEIVED � CITY OF SALE M,MASS. j / WWI % R V J \ Q MSG E'-6 is