0012 BROOKS STREET - ZBA (2) LOT 191 Lot 191 Brooks St. R-2
Michael & Maureen Kapnis
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DECISION ON THE PETITION OF MICHAEL AND MAUREEN KAPNIS FOR
VARIANCE AT LOT 191 BROOKS STREET (R-2)
A hearing on this petition was held December 7, 1988 with the following
hoard Members present: James Fleming, Chairman; Messrs. , Bencal, Nutting,
:;trout and Associate LaBrecque. 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.
Petitioners, owners of the property, are requesting variances from lot area,
width and side setbacks to allow construction of a single family dwelling in
this 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 of 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 . Support was voiced by neighbors, abutters and others;
2. There was some opposition;
.l. The topography of the land makes this the most feasible location for
a dwelling on this site.
011 I,he basis of the above findings of fact, and on the evidence presented, the
hoard of Appeal concludes as follows:
:special conditions exist which especially affect the subject property but
not the district generally;
Literal enforcement of the ordinance would work a substantial hardship
on the petitioners;
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 MICHAEL AND MAUREEN KAPNIS FOR
VARIANCES AT LOT 191 BROOKS STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested subject to the following terms and conditions:
1 . Petitioners comply with all requirements of the Salem Fire Department
relative to smoke and fire safety;
2. All construction be done in accordance with all state and local
codes;
3. All dimensions be as per plans submitted;
4. Proper numbering be obtained from the City Assessor;
5. A Certificate of Occupancy be obtained.
VARIANCES GRANTED
CL)/ o�hin R. Nuttingg,LSecretaiy, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
FCO'1 THIS ':CL L^,a, IF ANY, SHALL GE MADE PURSUANT TO SECTION 17 OF S-:E
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., JF CIE CY,Y CLERK Td AT £0 DAPS BA%` ELAP:,71) Ili V, A,FPFI;L H"3 : := 1 P•-"-3,
CR -'B?l. IF SUCH AN APPEAL HAS "n-_:! FILE. iPAT IT HAS ?EE pi CI;,I•DE:D OR 1, .:
Cc GC:,.tGED IN THE SOUTH ESSEX RE3iS.Rf CF 6EEDS AND INDC,ED l'::U'LR THE P., ,:E OF THE U.,
OF RECORD OR IS RECORDED AND NOTED ON THE 0NNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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