18 BARCELONA AVENUE - ZBA 18 Barcelona Ave. R-1
Robert Pitreau
`•n.cmrnk
y � . Ct 1 of Salem, assathusetts
Paurb of p}�eal
w�C•ms.�
DECISION ON THE PETITION OF ROBERT J . PITREAU FOR A VARIANCE
FOR 18 BARCELONA AVE.
A hearing on this petition was held January 15, 1986 with the following Board
Members present: James Hacker, Chairman; MessrJAV jgarf, q�7 PWtoaki and Associate
Members Bencal and LaBrecque. Notice of the hearin�g was sen t Abutters and
others and notices of the hearing were properlyFl$ fished in the Salem Evening
News in accordance with Massachusetts General lays Chapter 40A. r e
Petitioner, owner of the premises, is requesting a Variance from side and rear
setbacks to allow existing dwelling and decks in this R-1 district.
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 and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in,
volve substantial hardship, financial or otherwise, to petitioner; and
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 purposes of the Ordinances.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1 . No opposition;
2. Neighborhood showed major support for petitioner;
3. House was built prior to the Zoning Ordinances and apparently
constructed in violation of new Zoning Ordinance;
4. Building and decks are currently existing and were built many
years ago.
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 affect the lot in question and do not
generally affect the district;
2. Literal enforcement of the Ordinance would create a substantial
hardship on the petitioner;
I
DECISION ON THE PETITION OF ROBERT J. PITREAU FOR
A VARIANCE FOR 18 BARCELONA AVE. , SALEM
page two
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3. The relief requested can be granted without substantially derogating
from the intent or purpose of the Ordinance and without substantial
detriment to the public good.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested provided that:
I . Building to be used solely as a single family dwelling.
a m/des B. Hacker, Chairman
.A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
t.PPEAL r8;ia THIS OC:.IJI'.:i., �r idJi. SHALL BE i;AD PURSUANT TO SEMOt, 17 OF ThE t:FSS.
ENE;AL LAWS, CHAPTER S38, AND SHALL BE FILED 711TFIIN 20 DAYS A..FER THE DATE OF FILWG
CF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PJS,SANI TO 'LASS. C_NERAL LAV:S. CHASTER 808, SEi,TIi:N 11, THE VARIASCE PR SC%rfeL FM-"T
,`-'ANTED HEREIN, SHALL NOT TARE EFFECT UNTIL A COPY OF THE Y HE CCRT-
FILATION OF THE CITY CLERK THAT 200 DAYS HAVE ELAPSED AaU I* APVAL HAS EEC: FILED,
uR FHAT, IF SU3H AN APPEAL HAS BEEN FILE, THAT IT H,;S BEEN DISL'ISSLO UR LIE aEO IS
RECORDED IN THE SOUTH ESSEX REGISTRY CF DEEDS AND INDEXED UNDER THE NAh:E OF THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
MORTGAGE INSPECTION
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST. , BEVERLY, MA.
LOCATION To �i�i�N..W. .M.IJ7'...Prv .P.F.../1?�1S>o �________________
SCALE : I11 = ;�?O FT. DATE I hereby certify that I have examined the premises and that the
REFERENCE building (s) shown on DO A;6Pplan are located on the ground as
Cie �63�Z��cn�r /2 7/e shown and that they conformed to the zoning setbacks of the
>---------- when constructed.
NOTE : This is a Mortgage Inspection survey and not The buildings) are not located in the special flood hazard
an instrument survey, therefore this plot plan is for zone, as defined by H.U.D.
mortgage Inspection purposes only, ------------V' " --------
A
V f-/U I5E D i" NET GO1"/71 f 6011�L
z0R'1ti9 B"C.A - P,''t?FA'` THIS SURVEY IS BASED ON
p{f�EtS SAuw,.,) A eF r3V 7—,4P,5 SURVEY MARKERS OF OTHERS.
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� 'so No. 26094
��2 279
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