5 BUENA VISTA AVENUE - ZBA - I
5 Buena Vista Avenue g_1
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DECISION ON THE PETITION OF JEFFREY SANO FOR A VARIANCE
AT ' BUENA VISTA AVENUE (R-1 )
A hearing on this petition was held September 20, 1989 with the following Board
Members present: James Fleming, Chairman, Richard Bencal, Vice Chairman, Messrs. ,
Nutting, Febonio 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.
Petitioner, owner of the property, is seeking a Variance from side setbacks and
building on the same lot to allow construction of a shed in this R-1 zone.
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:
I . Not opposition was presented.
2. Outcropping of ledge is prevalent throughout the property and creates a
nardship,makin this site
g the only reasonable site for the proposed shed.
3. The proposed shed will allow petitioner to store yard and family items
in a more convenient place and manner.
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 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 JEFFREY SANO FOR A VARIANCE
AT 5 BUENA VISTA AVENUE, 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 work be done by legal building permit.
2. All construction be done as per existing City and State Building Codes.
3. Exterior finishes of the shed shall be in harmony with finishes of the
existing dwelling.
4. Shed shall be constructed and placed on the lot as per the plans submitted.
VARIANCE GRANTED
4"ichard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Apoeal from this decision. if any, shall be del Ue filed
w th m 20 days of
the CBass. Ceneral La.vs, Chapwr sea. a
,.;;er ii!e date of filing of this decisicn in the office c�^n11Cithe
CVarlience
Pursu nt to Floss. Caner;! Laws. Ch_�•-,'.e: EJC, Se
or Special permitti rim,-,-,crifc,aonsoft;:e?'�Ity(Cl.;! ^thort t^0 deys have
opy Of the
decicion, baarin„
elapsed and no aPP-1 has Leen filed, - dist, if such on the has been
filed, that it has Leen dlsm!ssea or den!ed is rec^rded in the South Esser
tRegi oy of Deeds
noted Ion the oun rrs certificate of,ethe name or hTitle.ner of record or.
9OARD OF APPEAL'
BOARD OF APPFA
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PTY OF SALFtd,piA4s.
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BOARD OF APPEALS
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bITYRE EIVED
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SCALE: Ion 40 ' DATE: AUGUST i, 1885
HAYES ENGINEERING . INC ' ': '. B03 SALEM STREET
CIVIL ENGINEERS 6 ► WAKEFIELD, MASS. OiBBO
LAND SURVEYORS TEL . 817-248-2800
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I CERTIFY THAT THIS FOUNDATION IS LOCATED ON THE GROUND AS SHOWN AND THAT
IT CONFORMS TO THE ZONING ORDINANCES OF THE CITY10F .SALEM. I FURTHER CERTIFY
THAT THIS PROPERTY DOES NOT LIE WITHIN THE . H.U.D: . FLOOD HAZARD AREA AS SHOWN
ON F. I .R.M. MAP FOR COMMUNITY . NUMBER 250102 A, PANEL H 6 I — 05 .
EFFECTIVE DATE: JUNE 1, 1978. !
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