40 HILLSIDE AVENUE - BUILDING INSPECTION of 5alem'
al �7L MSS S.
Poarb of Appeal
MARCH 19, 1980
DECISION ON THE PETITION OF EDWARD AND CAROL STETSON REQUESTING A VARIANCE
FOR 40 HILLSIDE AVENUE
A hearing on this Petition was held on March 19, 1980, with the
following Board Members present. James H. Boulger, Jr. , Chairman, Messrs.
Hopper, LaBrecque, Feeherry and Hacker. Notices of the hearing were sent
to abutters and others and a notice. of the hearing was published in the
Salem Evening News on March 5, 1980 and March 12, 1980 in accordance with
Massachusetts General Laws Chapter 40A.
The Petitioners have requested a variance for the lot at 40 Hillside
Avenue to construct a single-family residence. A variance is requested
because the lot is in a R-1 district but does not comply with minimum lot
area, minimum lot width and minimum lot frontage requirements.
The Board of Appeals, after consideration of the evidence presented
at the public hearing and after viewing the property makes the following
findings of fact:
1. The property has been owned by the Petitioners for 3z years.
2. The property was, under prior laws, adequate in most if not
all respects for the construction of a single-family dwelling.
However, recent amendments to the Zoning Ordinance rendered the
lot unbuildable without a variance.
3. The property is surrounded by lots of similar size on which
single-family dwellings have been built.
On the basis of the above findings of fact, and the evidence presented
at the public hearirg, .the Board of Appeals concludes as follows:
(1) The property in question cannot be built upon without a variance.
The property is surrounded by single family dwellings on lots of
similar size.
(2) The conditions described above especially affect the land in question,
but not the zoning district generally, cause the following special
hardship: without a variance the land is valueless because it cannot
be built upon.
(4) The desired variance may be granted without substantial detriment
to the public good because the construction of a single-family
residence on the property is consistent with the surrounding
neighborhood.
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SALLMI MASS. SALEM MASS.
PAGE TWO - DECISION- EDWARD & CAROL STETSON - 40 HILLSIDE AVENUE
Therefore, the Board of Zoning Appeals unanimously voted in favor of
granting the requested relief. A variance is therefore granted to the
Petitioners on the following terms and conditions.
1. A variance is granted from minimum lot area, lot width and
lot frontage requirements.
Anthony M, eeherryeff
'Acting Secretary
APPEAL FROM THIS DECISION, IF ANY, SHALL BE IMADE PIMIWiT TO S`_CTIOM 17 OF THE MASS. -
GENERAL U07S. C;i PTER M. AND.SHALL U PLED NITi U! 20 DAYS.A=rER THE DATE OF FILIMG
. - OF THIS DECTSIDN IN THE CFF;CE OF THE CITY CLERF..
PURSANT TO i.?ASS. CENL^AL L�::7 . C9A?7.-2 "C3. S.'. Ti7Ii 11, THE Y.A- 'A'ICE OR SPECIAL PER.'dlT -
ORANTED HEBE4l �. ri.T fl ,_ _Eui I A ;PT ff TH: .c .,i .l, E Aii ti'i THE CERT.
FICATION OF NJ ?2s.C! HAS 6EEi4 FILED. .
OR THAT. IF �'-s . "'_c.. , :G? ,.�, if � .._, _ _ SiF.a OR DLirI D IS
1ECORDED IN Tr. 5.,;,,H E.S A;':, i. ,.Xa,,�..� R THE iIA.'JE OF THE 07/TIER
MFrx�Olu OR IS FE:ORDE0 AND NS TED`G,i Tilc C5;iER'S C:2;MFICATE OF TITLE,
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND TILE CITY CLERK