24 GABLES CIRCLE - ZBA MF 24 Gables Circle R-1
/ - - - Paul & Nanette Valaskatgis
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DECISION ON THE PETITION OF PAUL & NANETTE VALASKATGIS FOR
VARIANCES AT 24 GABLES CIRCLE (R-1 )
A hearing on this petition was held April 27, 1988 with the following Board
Members present: James Hacker, Chairman; Messr. , 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
Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a variance from side
setback requirements to allow the construction of an addition 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 in-
volve substantial hardship, financial or otherwise, to 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 makes the following findings of fact:
1 . There was no opposition to the proposed addition;
2. Outcroppings of ledge at this location require that any addition
be built as shown on the submitted plans.
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.
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DECISION ON THE PETITION OF PAUL & NANETTE VALASKATGIS FOR
VARIANCES AT 24 GABLES CIRCLE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following terms and conditions:
1 . Petitioners comply with all requirements of the Salem Fire Dept.
2. Proposed addition be no closer than 5.5 feet to the lot line, as
shown on plans.
GRANTED )
ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO%1 THIS DEEGISION. I. F.NY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MAAS.
GENERAL LAWS. CHAPTER 8G8. ANC SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. OR
PRANTED HEREIN.SHALL PAL LAWS NOT TA E EFFECTR 808.UNTIL A`COPYNOF ITHEDEEISIONNCBEARIN PETH THE CERT'IT
FILATIGN OF THE CF.Y CLERK T9AT 20 DAYS HAVE ELAPSED ANO Y.n APPEAL HAS BEEN FILIS
ED,
RE THAT, IF SUCH SOUVHAPPEAL
ESSEX HAS
REBISTRYFILE,
OF DEECS IANDAINDEXED BEEN DUNDER'ASSETHE NAMED
IED OF THE OWNEF
RECORDED IN THE
OF gECORD OR IS RECORDED AND. NOTED ON THE OWNER'S CERTIFICATE OF TITLE. &
BOARD OF APPEAL
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