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5 BRENTWOOD AVENUE - ZBA ' ( 5 Brentwood Ave. R-1, Charlotte A. Shea z� e Ctu of 'Sttlem, f ttssarlfusetfs z .9 Foarb rrf ,Appvd '87 DECISION ON THE PETITION OF CHARLOTTE A. SHEA FOR A VARIANCE n 28 (� AT 5 BRENTWOOD AVENUE (R-1 ) C17}1 r[nr A hearing on this petition was held April 15, 1987 with the following Board Members present: Janes Hacker; Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout. 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 side yard setback requirements to allow construction of a two story addition., namely a one car garage with bedroom above. Property is located in an 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 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 fact: 1 . There was no opposition to the plan; 2. The proposed addition would not be detrimental to the neighborhood. On the basis of the above findings of fact, and on the evidence presented at the hearing, 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 Ordinance would involve substantial hardship to 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. �I DECISION ON THE PETITION OF CHARLOTTE A. SHEA FOR A VARIANCE AT 5 BRENTWOOD AVENUE, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the requested variance, subject to the following conditions: I . All work comply with all requirements of the Salem Fire Dept. 2• Legal building permit be obtained; 3• Construction be done as per plans submitted; 4• Exterior to conform with existing house; 5. A Certificate of Occupancy be obtained. VARIANCE GRANTED Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRO.-J THIS O?CISIC@. I A.',Y. SHALL BE s'ADE PURSUANT TO SECTION 17 OF THE 1,71;LS. GENERAL LAWS. C4'PTER S^E, ASD SH"U EE F:tro WIt HIN 20 DAYS AFTER THE GATE OF FILING OF THIS I\ THE Oi F7CE OF THE CI74 CLERK. PJRSAN'f TO 7:='.£S GE'.En4i L4:'S, UA°TER EDE. SEC,TiGii 11. T8E VAEiA'TE DS SFSiS/ PER"IT GP.AN7ED h3,EC: SHALL NJI TALE EFFECT U%CTIL A CD?Y OF THE DECISIS;, EE11RIL4 THE C-PT. RCATI:N Of THE CITY CLERK THAT 2O DAYS HVE ELVSED ItND Nc" APPEAL HA? SEEd FILED, GR THAT, IF SUCH AN APPEAL H;S EEEG FILE. THAT IT W.s BEEN DIS::ISSED OR IS RECORDED IN THE $OJTH ESSEX REGISTRY OF ➢REDS AIfD ING:Y,ED UNDER THE NA.:E OF THE OWNER OF RECORD OR-IS RECORDED AND NOTED ON THE OiVNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL i`Ilf i!III IM I Woo© ✓��K. +__._.—._ i — I •6•t .�-�" _1 �--�JE� �D D I'�I 7 V..1 —+.. -r,` . y.)(I'st!u�i J w fe L.�i rl G _ - ' - -- � L " } o 3 N� Aug f j !J IMP . <= rtr r� I __ S IAL�• '18N � i � � �. :� � ( ca -� C o ca 'a � � A., � m Cc x I 1. cc x59 `L.. z o O in i 47 Co WN co `� i 1 __ f 1714uIlPt�(`1 REVISIONS: o = DATE: }I 151 a(� t- D'wg. N o.f'-