20 BUENA VISTA AVENUE - ZBA 20 Buena Vista Ave. R-1
Arthur & Elissa Simard
� �2
t.
So '87
s Tity of "$nlrm, 'fflttssar4usr
Pnarb of A rA CITY CLERK.S 1LEh, MASS.
pl'Iy1ML��
DECISION ON THE PETITION OF ARTHUR & ELISSA SIMARD FOR
A VARIANCE AT 20 BUENA VISTA AVENUE
A hearing on this petition was held July 15, 1087 with the following Board -
Members present: James Fleming, Vice Chairman; Messrs. , Luzinski, Strout and
Associate Member 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 Chanter 40A.
.The petitioners, representing themselves, seek a Variance from rear and side
yard setbacks to allow for the continued use of an existing deck. The locus
of the property is 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 invol
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 and
after viewing the plans, makes the following findings of fact:
1 . No opposition to the petition was presented at the hearing;
2. The deck has existed for a considerable length of time;
3. The petitioners cannot sell, or otherwise encumber the
property without the requested relief.
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 . The relief requested may be granted without substantial
detriment to the public good;
2. Hardship, in the form of the ledge on the property and the easement
on the property, makes placement of the addition in any other spot
on the property impossible;
3. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petiti-oner. --
• DECISION ON THE PETITION OF ARTHUR & ELISSA SIMARD FOR A
VARIANCE AT 20 BUENA VISTA AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The deck is to remain as it currently exists;
2. The petitioners must comply with all the requirements of the
Salem Fire Department, relative to fire ,safety.
VARIANCE GRANTED
//James M. Fleming, Esq.
Vice Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A°Pc;L F3. .. TH!S DECISi^�1 ;iy SFIR! SE ;'ADE PI!RSUANT TO SECT'rl>I 17 OF THE :.1Af-S.
./'T' 'i 20 DA!S „FN THE _ATE OF Fi LING
OF -i^'IS G C:: THC ,.r ICE GF THE ❑-! CLER:(.
N7 P'9 ��� - L^'. ?-E? "OS. SECT 11, THE V:^,r!A'iCE -.:,AL 'ER'SIT
c :" :n c r-'- - n;u_ .S FYi,i T.3E=.�.£�?': ."'[ TP« i,ERT-
G"nAii:EO T.:(_ n.._7 _ - -
FlCATIO., ;,F 'C IL SLEI,:, , . ,, =O D,T'S .`t:.._ 9.' _ . :0 A PU'L H;O ,:_C:u .'-!LED,
OR T'HV. IF ... I ^:: rPPE6: °," CE;V E'_`_. T°AT ITJ 5- „L"IE_EO '?R „_:. _O IS
ORe cv ^i"^.• c AI'ID ,.......ED nU-;0-. -.HE n:..E :F THE ON IER
REc ED i1`ill- 3•afH ESG CE�.o..,� 6 „__�S "°'
OF RECORD CR IS RECCROEO AND ND;ED ON THE O"NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
I
WE THE UNDERSIGNED DO APPROVE OF THE CONTINUED USE OF A
NON-CONFORMING DECK AT 20 BUENA VISTA AVENUE. I� n
#e,4
x Yh.rZ . I� v-� �-r-� I '�L2- �o�lM
✓Scr�l/i._.e/12 1y/,o,�.allc[� 'y Gf c�o f?af �l� �o�,-K J
a .Y =p aq� : pF
Al
LAND
�. =;r •,R:WREID';;R:LS: LYNNFIELD. MA.
�, - •�SCALE;`:'�"�'.30' "fume /
Ot
'��� X• .,'CeY Y'i F rt6� z'.it<.j• d...a/�._;� � ,
W/LLAM /..Cfi Z07
�r. d;�r ALID m
,Z.
�
fit
J 04 206
6.y _
A? i4
U,E AIA VISTA
'I; hereby, certify to the best of my, knowledge that the premises shown on this plan-are
not located within a flood hazard area' as delineated on the map of Community Oa SO/O d O
1
Iprepared. by the"Department, of Housing and Urban Development or its successors dated 01,r/ffS
3 .furthiK Certify ;that this inspection was performed in accordance with the "Technical
Standards;''for Mortgage Loan Inspections' as adopted by the Massachusetts Association of Lanc
Surveyorsand Ciril Engineers, Inc.
Notec'' This'plari ins prepared- from a tape survey and is intended for mortgage purposes only.
Offsets-shown on, or scaled from this plan are approximate only, and should not be used to
determine 'property ,lines. 87-osZo
Book" Page`ygy 'Certificate Number '
,.Y
�f _ ,. `i' ,1 r•;is ,_• n
1'
1 _ f
t
IY i ¢gr
.1 S
I
r
T OFF
€ 7iilF.
I hereby certify that the holding
shown hereon is located on the ground
as shown and it conforms to the zoning /r
lass of the City of Salem. 1Z 5n
Date �.n/d evor ( /
JUL 2 0 /2
�6T—
• e�r�S r\ .�:�s.. f—`/J�Jv�; �iL- i✓'tl.y.�.. :l�ff'�C% '�//� i
j. R0^ER7 -
d=
R�o EO.. .i. N
Pa� 1:.557 O P
I
i
I
i
_I