3 HANSON STREET - ZBA 30 HANSON STREET (R-1)
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DECISION OF THE PETITION OF THOMAS & JOANN DUBOIS REQUESTING
VARIANCE FOR THE PROPERTY LOCATED AT 30 HANSON STREET (R-1 )
A hearing on this petition was held JuLY 17, 1996 with the following Board
members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph
Ywuc and Richard Dionne. 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, requests a Variance from side setbacks to allow the existing
deck to be closed for the property located at 30 Hanson Street.
The Variance which has been requested may be granted upon a finding of 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 land, buildings, or structures in the same district.
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 derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner request variance from side yard setbacks to allow the
existing deck to be closed.
2. Ward 4 Councillor, Leonard O'Leary spoke in favor of the petition.
3. There was no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
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DECISION OF THE PETITION OF THOMAS & JOANN DUBOIS REOUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 30 HANSON STREET (R-1)
page two
1. Petitioner shall comply with all city and stat sgaturggs, ordinances,
codes and regulations. C 1.J
2. All requirements of the Salem Fire Department reiaiive. to smoke and
fire safety shall be strictly adhered to.
3. Petitioner shall obtain building permit prior to beginning any
construction.
4. All construction shall be done as per the plans and dimensions
submitted to Building Inspector.
5. A Certificate of Occupancy is to be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Variance Granted
July 17, 1996
Richard Dionne, Member
Board of Appeal
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 LOA, 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