12 GREENWAY ROAD - ZBA 14 Greenway"'Road R-1
\ Stephen Baliotis
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DECISION ON THE PETITION OF STEPHEN BALIOTIS FOR VARIANCE AT 14
GREENWAY RD. (R-I)
A hearing on this petition was held July 22, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Francis Grealish, Stephen Touchette and Associate Arthur Labreque.
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 variances to allow
construction of a deck. Property is located in a Residential
Single Family 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 no opposition.
2. Petiitoner cited the hardship of city drain pipes running though
his property that abuts Castle Rd. preventing him from building the
deck on that side of the house.
3. Granting the petition would enhance the quality of life for the
petitioner and his family.
DECISION ON THE PETITION OF STEPHEN BALIOTIS FOR
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A VARIANCE AT 14 GREENWAY RD. , SALEM m o C.a
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On the basis of the above findings of fact, and on the evidences L
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 unanimously, 5-0, to grant
the variance requested, 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.
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. All work shall be in harmony with the existing building.
VARIANCE GRANTED
July 22, 1992
Ri-chard Febonio, Vice Chairman
Board of Appeal
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DECISION ON THE PETITION OF STEPHEN BALIOTIS
FOR VARIANCES AT 14 GREENWAY RD. , SALEM
page three
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.
Board of Appeal
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