24 GROVE STREET - ZBA (3) 24 Grove St. R-1
/ Barbara & Raymond Haight
j
ti Ctv of Salem, 'Massarkusett8
,r Poxrb of Appeal
DECISION ON THE PETITION OF RAYMOND & BARBARA HAIGHT
FOR A VARIANCE FOR 24 GROVE ST. , SALEM
A hearing on this petition was held on September 11 ,S!M w1 o ftW-owing Board
Members present: James Hacker, Chairman; Messrs. , Charnas, trout wW Associate
Member Bencal. Notice of the hearing was sent to atFILEO's and others and notices
of the hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Law Chapter 40A. CITY CLi.'t. E.AL94,1111IASS.
Petitioners, owners of the property, request a Variance from side setbacks to allow
a pool and a Variance from rear setbacks to allow a storage shed in this 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
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 petiitoner; 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 or the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . No opposition was voiced at the hearing;
2. The swimming pool was constructed in error by an installer,
not the petiitoner.
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 affect this lot but do not
generally affect the district;
2. Literal enforcement of the Ordinance would work a substantial
hardship upon petitioners;
3. The variance requested can be granted without substantial detriment
to the public good and without substantially derogating from the intent
of the district of the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously 4-0 to grant the
Variances requested, provided that:
DECISION ON THE PETITION OF RAYMOND & BARBARA HAIGHT FOR
A VARIANCE FOR 24 GROVE ST. , SALEM
page two
T . A Certificate of Compliance relative to installation of smoke
detectors be obtained from the Fire Department;
2. The shed on the premises must be no larger than 6' x S' and 7' in
height.
3. The shed must not be put closer than 3' from the rear yard line and
6' from the side yard line;
4. The side of the swimming pool may be allowed to stay and be
used in the present state.
II
R chard A. Bencal, Associate Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FR3A THIS DEC1517""!, I. A';Y, SHALL BE MADE P'JRSi'W'11 TO SECTION 17 OF THE E',SS_
VENERAL LAWS, CHAPTER 8G8, Ai\O SHALL BE Fh.ED 7AIHIN 2D DAYS AFTER THE DATE OF ALi I�G
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
P3,SnAT 10 .A+ SS GENERAL LA; S, CHAPTER 808, SECTID14 11, THE WVIANCE 09 SPECIAL PERiJIT
CREATED HEREIN, SHALL N2;1 TA:IE EFFECT UNTIL A COPY OF THE DECiS19^!, BEARING THE 'RT-
FICATION OF THE CiTY CLERK. THAT 20 DAYS HAVE ELA°SED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT H;S BEEN DIS+iISSED 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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