110 BAY VIEW AVENUE - ZBA (3) 110 BayView Ave. R-1
Raymond MacFarlane
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DECISION ON THE PETITION OF RAYMOND MACFARLANE FOR
VARIANCES FOR 110 BAY VIEW .AVENUE (R-1 )
A hearing on this petition was held December 7, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Rental, Nutting, Strout & Assoc-
iate LaBrecpue. 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 variances from setback and
density requirements to allow construction of a deck with an attached spiral
staircase 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 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 . There was no opposition;
2. Other abutting homes have similar decks over looking the ocean;
3. Topography of the lot runs down to the water making this the most
feasible location for the deck;
4. Deck is necessary for rear egress.
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 generally;
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioner;
3. The requested variances can be granted without substantial detriment
to the public good and without nullifying or substantially derogating from
the intent of the district or purpose of the Ordinance.
1
DECISION ON THE PETITION OF RAYMOND MACFARLANE FOR
VARIANCES AT 110 BAY VIEW AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . All provisions of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to;
2. All construction be in done in accordance with all state and local
codes and as per plans submitted;
3. All dimensions be as per plans submitted;
4. A building permit be obtained.
GRANTED
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Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED 'WITH THE PLANNING BOARD AND THE CITY CLERK
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