29 HANCOCK STREET - ZBA 1
29 Hancock St. R-2
Margie McMaster
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DECISION ON THE PETITION OF MARGIE MCMASTER FOR A FILE.',
VARIANCE AT 29 HANCOCK STREET (R-2) ;IT'i Er-.
A hearing on this petition was held July 19, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski
and Nutting. 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.
The petitioner, owner of the property, represented by Attorney Robert Ledoux,
is requesting a Variance to allow an existing deck in this R-2 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
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 involve
substantial hardship, financial or otherwise, to the 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 and
after viewing the plans, makes the following findings of fact:
1 . Neighbors and abutters spoke in favor.
2. There was no opposition.
3. Due to infirmity, the petitioner is largely housebound, as shown in
correspondence from Dr. Richard Alexander, and this deck would allow
her access to fresh air.
4. This is the most feasible location for the deck.
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 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.
DECISION ON THE PETITION OF MARGIE MCMASTER FOR A
VARIANCE AT 29 HANCOCK STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested to allow an existing deck, subject to the following
conditions:
1 . All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
2. All construction be done with a legal building permit and as per all
City and State Building codes.
3. All construction be as per plans and dimensions submitted.
GRANTED
�')
- John R. Nutting; Secretap�/
O"
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Apeal the Mass. General Laws, chapter BOB and shaall ber tied twths of
n 20 days
after the date of filing of this decision in the office of the citclerk.
ante
Pursuant to Mass. General La,,,s, Ch-triter BOB, Section 11, of the
or special Permit granted herein shatt not take effect unfit a copy
decision, bearing the certification of the c ty clerk that 20 days have
elapsed and no appeal has been bled,or that, if such appeal has been
filed, that it has been d;smissed or dented is recorded in the South Essex
ndexed und the nae
isRgistry of rrecordedUeeds and and noted,on the owner`s Cert fic r ateofh owner of record or
Title.
BOARD OF APPEAL
r
/'` r fZIit of $alrm, {` assar4usetts
x
uttrd ofpeal JUL /
kertm�' � UL N 3 os
DECISION ON THE PETITION OF MARGIE MCMASTER FOR A FIL[='=
VARIANCE AT 29 HANCOCK STREET (R-2) ;IT'i "fEF .
A hearing on this petition was held July 19, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski
and Nutting. 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.
The petitioner, owner of the property, represented by Attorney Robert Ledoux,
is requesting a Variance to allow an existing deck in this R-2 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
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 involve
substantial hardship, financial or otherwise, to the 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 and
after viewing the plans, makes the following findings of fact:
1 . Neighbors and abutters spoke in favor.
2. There was no opposition.
3. Due to infirmity, the petitioner is largely housebound, as shown in
correspondence from Dr. Richard Alexander, and this deck would allow
her access to fresh air.
4. This is the most feasible location for the deck.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
I
1 . Special conditions exist which especially affect the subject property, but
not the district generally;
2. Literal enforcement 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.
r
1
DECISION ON THE PETITION OF MARGIE MCMASTER FOR A
VARIANCE AT 29 HANCOCK STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested to allow an existing deck, subject to the following
conditions:
1 . All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
2. All construction be done with a legal building permit and as per all
City and State Building codes.
3. All construction be as per plans and dimensions submitted.
GRANTED
AJohnLR.Z��Nuta
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
II
I
Appeal from this decision, If any, shall be Made pursuant t6 Sochon 17 of
the ass. General Laws. Chapter so8l andall be filed within
Jays
after the date of tiling of this decision in the
e office of he city C�rk.
Pursuant to Mass. General Lars, Ctrm+er 80g, section 11, the Variance
of the
or Special Permit granted herein shall not take effect until a copy
decision, bearing the cert,fcation of the CJ.y Clerk that 20 days have
elapsed and no appeal has been flied, or that, if such appeal has been
filed, that it has been d:smissed or denied is recorded in the South Essex
isRgistry of recorded Deeds and and noted index
the ovi err r
the name s certificate f cate of Title.
owner of record or
Title
80ARO OF APPEAL
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PLAN OF LAND
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SAL En9, M-45S
R.W. REID R.L.S. LYNNFIELD, MA.
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I, hereby, certify to the best of my knowledge that the premises shown on this olan are
not located within a flood hazard area as delineated on the map of Community #2 SO/O 2 G
prepared by the Oepartwent of Housing and Urban Oevelopment or its successors dated a/T/eS
I further certify that this inspection was performed in accordance with the 'Technical
Standards for Mortgage Loan Inspections" as adopted by the Massachusetts Association of Land
Surveyors and Civil Engineers, Inc.
Note: This plan was prepared from a tape survey and is intended for mortgage purposes only.
Offsets shown on, or scaled from this plan are approximate only, and should not be used to
determine property lines. 8 7-o 77S- J
9doKra/a page i2S Certificate 9unoer