5 HERSEY STREET - ZBA DECISION. r
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DECISION OF THE PETITION OF RAYMOND SOB_OCINSKI 3EPUF,STING & �
VARIANCE FOR THE PROPERTY LOCATED fAT 5 HERSEY STREkI7i, (:R?2)arl ` '!;
A hearing on this petition was held January 17, 1996 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Nina
Cohen, Arthur LeBrecque and Joseph Ywuc. 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 request a Variance from side yard setback
to construct a 12 x 20 one car garage for the property located at5 Hersey
Street.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . There was no opposition to the petition.
2. There currently exists a 9'x18.5' one car garage on the property which
is located 2.3' from the side lot line.
3. The existing garage is in a state of disrepair.
4. The proposed new garage would not further encroach on the now existing
side lot line, the same distance as the current garage.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
,r
nFC1SION OF THE PETITION OF 3AYMOND SOBOCINSKI PEOpESTTNG
VARIANCE FOR THE PROPERTY LOCATED "IT i HERSEY STREET R-21
page two
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations .
Z. All construction shall be done as per the pians and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
Variance Granted Kt.0 CSc�
January 17, 1996 de/�
Joseph C. Ywuc
Board of Appeal
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 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 certification of the City Clerk tbattL�20
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days have elapsed and no appeal has been filed, or that, if such' ppW has
been filed, that it has been dismissed or denied is recorded intoe fLouth
Essex Registry of Deeds and indexed under the name of the owner; d re ord
or is recorded and noted on the owner's Certificate of Title. "L
Board of Appeal
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