5 HILLSIDE AVE - BLDG. JACKET CITY OF SALEM9 MASSACHUSETTS
• CI�, �� SkLEh1. MABOARD OF APPEAL CLci2K,S QFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 1'
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1QUU AUG
MAYOR FAX: 978-740-9846 24 P 3: 08
DECISION ON THE PETITION OF MICHAEL LUTRZYKOWSKI REQUESTING A
VARIANCE FOR THIS PROPERTY LOCATED AT-5 HILLSIDE AVENUE R-1
A hearing on this petition was held on August 18, 2004 with the following Board
Members present;Nina Cohen Chairman, Bonnie Belair, Stephen Harris,Nicholas
Helides and Richard Dionne. 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 petitioner is requesting a Variance from Section 7-19 Off-Street Parking to install a
second driveway for the property at 5 Hillside Avenue located in an R-1 zone.
The Variances,which have been requested, may be granted upon a finding by this 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 involve.
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 carefid consideration of the evidence presented at the hearing,
and after viewing the plane, makes the following findings of fact:
1. Petitioner Michael Lutrzykowski appeared and represented himself at the hearing.
2. Petitioner requests a Variance to install a second driveway to accommodate
parking for a second vehicle as is necessary for handicapped usage.
3. A petition was submitted with 7 names in support for this petition.
4. There was no opposition to this petition.
DECISION OF THE PETITION MICHAEL LUTRZYSOWSKI REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 5 HILLSIDE AVENUE R-I
page two
On the basis of the above findings of fact, and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the public good 0
and without nullifying or substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature,ordinance,codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
Variance Granted
August 18,2004 06-�/S'aj4z"
Bonnie B
Board of Ap
J
DECISION OF THE PETITION OF MICHAEL LUTRZYKOWSKI REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 5 HILLSIDE AVENUE R-I
page three
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 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