4 AMES STREET - ZBA 0. Ames St. R-2
Patricia Carson-Higgins
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Cit'�7 of _1�ttlem, � uSSttCIjuSPt jj '°�
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FILE: .
31 ultra of Avpeal
DECISION ON THE PETITION OF PATRICIA CARSON-HIGGINS FOR A
VARIANCE AT 4 AMES ST. (R-2)
A hearing on this petition was held May 30, 1990 with the following Board
Members present: Richard Bencal , Chairman; Richard Febonio; Edward .Luz inski
and Mary Jane Stirgwolt. 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, is requesting a Variance from density,
setbacks and lot coverage to allow construction of a deck and shed in the
rear. Property is located in an R-2 district.
the Variances which have 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 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, and after viewing the plans, makes the following findings of fact:
1 . No opposition was presented.
2. The proposed deck and shed would enhance the quality of the
petitioner's life.
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 in general .
2. Literal enforcement of the provisions of the Ordinance would involve
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 PATRICIA CARSON-HIGGINS FOR A
VARIANCE AT 4 AMES ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Variances requested, subject to the following conditions:
1 . All requirements of the Salem Fire Department relative to smoke and
fire safety are strictly adhered to.
2. A legal building permit be obtained.
3. All construction be as per plans and dimensions submitted.
4. All construction comply with all city and state building codes.
5. Exterior finishes of the proposed deck and shed be compatible with
the existing structure.
GRANTED
chard ebonio, Merober�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 pu suattt t0 S€CU011 T?
14
the Mass. General Laws, Chapter 808. and shall be filed within 20 day!
after the date of filinp, of this decision in the office of the City Clerk.
Pursuant to floss. General Laws, Chapter 808, section 11,the variane6
or apecial Pe,mi+ ^.c.n'e i he,ein shall not tdke effect until a copy of the
decision, be?rir.! th^ c err.fc i!:on of lne city Clerk that 20 days have
elapsed and no cp,all ha ; !;^en filed, or that, it such appeal has been
filed, that R has be^n d,,mised or denied is recorded in the South Esse><
Registry of Deeds and indexed under the name or the owner of mead d
is recorded and noted on the owner's Certificate of Tlfle.
BOARD OF APPEALI
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