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DECISION ON THE PETITION OF GAETANO A. STOCCO FOR A
VARIANCE AT 19 GABLES CIRCLE (R-1)
A hearing on this petition was held on April 29, 1987 with the following Board
Members present: James 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 the
Massachusetts General Laws Chapter 40A.
Petitioner request a variance from side yard setbacks to allow construction
of a garage in the 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 in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and
after viewing the plans, the Board of Appeal makes the following findings
of fact:
1. Support of the plan was voiced by neighbors, abutters and others:
2. The shape of the lot is unique and any position the garage would
be put in would require variances.
3. The proposed garage would enhance the property in question.
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 affect this lot which do not generally
affect the.district;
2. Literal enforcement of the Ordinance would work a substantial
hardship upon the partitioner;
3. The Variance can be granted without substantial detriment to the
public good and without substantially derogating fron the intent
and purpose of the Ordinance.
DECISION ON THE PETITION OF GAETANO A. STOODD FOR A VARIANCE AT
19 GABLES CIRCLE (R-10
Page 2
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested subject to the following condition;
1. The proposed garage to built no closer than 3� feet from lot #13
as shown on the plan.
2. All construction be done as per the plans-, submitted;
a.
3. All requirements of the Salem Fire Dept. relative to smoke detectors
be complied with;
4. All construction be done per all applicable State Building Codes.
5. A legal building permit be obtained.
VARIANCE GRANTED
chard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEIId FIT WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL.FROM THIS DECISION, IF ANY, SHALL BE PACE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS CHAPTER BOB, AND SHALL BE LED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DEC!Sh!! IN THE OFFICE OF THE CITY CLERK.
PJRSANT TO i.:A;'S GE!:,_R L L,",'S. CP.?.PTER 576, SECT!GN 11, THE VARIANCE OR SPECIAL PER.`CIT
GRANTED HEF..E::,, SHALL N'_ TA:'E EFFECT WML A C"PY Cc THE J`=!SIJ;.. EFIA3:? THE CERT.
FICATICN OF THE C!iY LLER" "F.; 2" C YS 'r;A,j `_:u,SED A.,. !;0 APPEAL HAS dnrl FILM.
.6 "H�i. If 57 .. „ SFr"E H ,S DECK H_1 "8�T li ?:1. DIS :SSED CR PS.iED IS
i:, THE ., ;H EESE\ 'r,6]iS:'ni CF AND I:VuE).T.D NiGEG THE ...:,:E OF THE
OF pEL=0 OR IS REG-RDED AND NOiEJ Ci: THE O'iiNER'S CERTIFICATE OF TITLE. `
BOARD OF APPEAL
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