8 CHESTNUT STREET - ZBA (2) 1 8 Chestnut St. R-2
Janice Lebel
�-' (Gjt� of ttlem, . Httssttcljusetts
Battra of
n
C'L
m O
DECISION ON THE PETITION OF JANICE LEBEL FOR A VARIANCE AZ,
8 CHESTNUT STREET ( R-2 )
A hearing on this petition was held May 20 , 1992 with the
following Board Members present: Richard A. Bencal ,
Chairman, Richard Febonio, Francis Grealish, Stephen
Touchette , and Associate Member Ronald Plante . 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 variance
from rear and side setbacks to allow construction of a deck
in this R-2 district.
The Variance which has been requested may be granted upon a
finding by this Board that :
1 . 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 involved.
2 . Literal enforcement of the provisions of the Zoning
Ordinance would involve substantial hardship, financial or
otherwise, to the petitioner.
3 . 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 opposition to this request for a variance.
2. The petitioner was willing to comply with all
conditions .
DECISION ON THE PETITION OF JANICE LEBEL
FOR A VARIANCE AT 8 CHESTNUT STREET, SALEM
page two
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 in general .
2 . Literal enforcement of the provisions of the Zoning
Ordinance would involve substantial hardship to the
petitioner.
3 . Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-1 , to grant
the Variances requested (Mr. Bencal voted in opposition)
subject to the following conditions :
1 . Petitioner shall comply with all city and state
statutes , ordinances , codes and regulations .
2 . All construction shall be done as per the plans and
dimensions submitted. The changes shown in the building
plans dated 1-10-92 be incorporated into the structure .
3 . Petitioner shall comply with all requirements of the
Salem Fire Department relative to smoke and fire safety.
4 . Petitioner shall obtain a legal building permit from
the City of Salem Building Inspector.
5 . Petitioner will increase the height of the rear fence
to 6 feet and follow all Historic Commission guidelines.
6. All expenses for the fence shall be borne by the
petitioner.
n
n~
O
ya
DECISION ON THE PETITION OF JANICE LEBEL
FOR VARIANCES AT 8 CHESTNUT STREET, SALEM
page three
VARIANCE GRANTED
May 20, 1992
Stephen C. Touchette, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING
BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant
to Section 17 of the Massachusetts General Laws Chapter
40A, and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk.
Pursuant to Massachusetts General Laws Chapter 40A, Section
11 , the Variance or Special Permit granted herein shall not
take effect until a copy of the decision bearing the
certification of the City Clerk that 20 days have elapsed
and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed
under the name of the owner of record or is recorded and
noted on the owner' s Certificate of Title.
n I
Ma caa
a�
�y
r
om W
N CO
y H
1� \
r
s '
�. C( aF S 3
, 4
rc
a •'.-:v, r
. .-Ur 17 TO ;BADE Af D¢IJf, E �\
-- .: ,
�.�, CE� �31'hitlT St A {
view
96. 76 : _
- � �•>�'�'�� � �X I`T(I n{� 1T�f.p:- L E PJ F L i K[-�L L'(
400 0
� w
y Q
cc
`C
�j2NE ,z aF r�`rL i r L /� u �� r L" - -- v
C
Q �
� ro
i
co
-' - T ,�•-• ca x
O
coI
tt
t � a
ti 1
E
ro
M E REVISIONS:
)
_ - —
; I r
FL A 4
r— rr L n i
1
t.,
� i � i �X15'ray IG �+NOYU•3k ' � � ��;
F �l.
I ^f Foo-n..rrf�i t I
V '
� e. � � V� � ; t_ aF CDuvFb Z; � ,�
D'wg. No. Z
cn A r77rz r
P
�F �
70 S'
t'rI�E
YfifQ -- —
VIEW -i-oWfl2f>S �0�'-�4� A
906, 7e
r �(I�lrl�(Cj DEG9'
t-L144; +
J7, R7
.000 0
r
v D
cu
N
N0 "' cA�ri' !✓r2N rz GAF DecF L N00
If
- —RI /R x
m
cc
w• ..
co
I
__ VV
_ I I
1
REVISIONS:
rL A
DATE
I
IN
— - �—
u., LVI,aT ► u� N of �Q�IF � p Z= 0 " ID'wg. No.
�1v< T41 YVG �i`' CG�!��iZ OG DFC.1� IjCALC 1/4 I!' O "
CAMr772a 'c� r�,-.T
f
y �t
� St�E
Ufrr
F To yzavr a� nairE _-- _
I
t
_ r
VIEW TOWRIZbS
—f7— or-
LEPiFL
tv
_ r
Fri1 r-• o
r31)
co
iI I co
}
f vF � `kQ
FLAN � Ck'_ - co
o
CD-- --—
co
v � p a
. f
I
r
ca
��.s�.,.--..-.,,..M.�---,--,•,1.-�.._,a.�,._.,.._ -•+� _- . .._. W_. _ _ ___d.. . ,_ � � ,rte
16 Fr _
'5C. LF- I " = 20- e57" ---
C —.. � i r. �. � � ._. '^. -.;+��'_= -��:•z:_ ... __._. s DATE'
Likit ex pECL
� r —
I r ! �. f rXf511',•�I IG' 7:;�a0ru '�L ` Q I
I
D'wg. No.