24 HILLSIDE AVENUE - BUILDING INSPECTION �: 24 HILLSIDE AVENUE
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DECISION ON THE PETITION OF JOHN BETTENCOURT REQUESTING A VARIANCE fSgg
FOR THE PROPERTY LOCATED AT-24 HILLSIDE AVENUE, (R-1) "
A hearing on this petition was held June 19, 1996 with the following
Board Members present: Gary Barrett, Chairman; Nina Cohen, Joseph
Ywu, Albert Hill 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.
Petitioner requests a Variance to subdivide a lot and Variance from
parking for the property located at 24 Hillside Avenue.
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 or 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 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 facts:
1. Petitioner owns the subject property, and proposes to subdivide
the existing 26,249 sq. ft. lot into two lots.
2. If the subdivision were to be allowed, Lot 1 would consist of
17,370 sq. ft. and frontage on Hillside Avenue of 15 feet; Lot
2 would consist of 8,830 sq. ft. , having frontage of
approximately 75 feet, with the existing house sitting on
Hillside Avenue with no setback.
3. Petitioner represented that an elderly aunt lives in the existing
house, and that he would live in the proposed house to be built
on Lot 1 .
4. The nearest five lots on the same side of Hillside Avenue to the
subject property have the following lot sizes: 20 Hillside,
19,851;- 22 Hillside- 17,874; 26 Hillside,16,350; 28 Hillside
14,760 and 30 Hillside-16, 387 and all have similar rectangular
lot shapes.
S. The proposed subdivision would create two odd-shaped lots.
6. Hillside Avenue is a winding street, and well - trafficked.
7. Neighbors attended the meeting to learn about the proposed
petition, and were neither opposed to nor in support of the
petition.
8. There were no representations made concerning topographical or
soil conditions which were unique to the property.
DECISION THE PETITION JOHN BETTENCOURT REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 24 HILLSIDE AVENUE (R-1 )
page two
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1. No special conditions exist which especially affect the
subject property as opposed to the district in general .
2. Literal enforcement of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
3. Desirable relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted 5-0 in opposition to the motion
to grant the Variance, having failed to garner the required votes to
pass, the motion is defeated and the petition is denied.
Variance Denied
June 19, 1996 A cw�j (11&�v
-(,S-C
Gary Barrett, Chairman
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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 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