22 HARDY STREET - ZBA (2) j r
22 HARDY STREET
lROBERT SHEA y
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tr CITY OF SALEM
BOARD OF APPEAL
745-9595 EXT.381
1
Will hold a public hearing for all
1 persons interested in the petition
submitted by ROBERT SHEA
requesting a Variance\Special Per-
mit to allow existing fence to remain
at 6'10" for the property located at
22 HARDY STREET (R-2). Said
hearing to be held WEDNESDAY,
DECEMBER 17, 1997 AT 6.30 P.M.,
ONE SALEM GREEN,2nd floor.
Gary Barrett,Chairman i
(12/3,12/10/97)
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304. �q Pourb of '�u�renl FE8 25 3 14 FJf ,t
Ci^;' Of f'H. HAS-
` R Or f ICF
DECISION ON THE PETITION OF ROBERT SHEA REQUESTING A VARIANCE
/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 HARDY STREET (R-2)
A hearing on this petition was held February 18, 1998 with the
following Board Members present: Nina Cohen, Albert Hill, Richard
Dionne and Paul Valaskatgis. 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/Special Permit to allow existing fence
to remain at 6' 10" for the property located at 22 Hardy Street.
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 or 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 at the hearing, makes the following findings of facts:
1 . The petitioner, Robert Shea represented himself.
2 . Mr . George Pena spoke in favor of the petitioner.
3 . Attorney Harris representing an abutter, Mrs. LeBlanc, spoke in
opposition to the request, sighting hardship of his client to see
over the fence from her house. It was stated that she is
handicapped.
'4 . No argument of hardship was presented by the petitioner.
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1 . No special conditions exist which especially affect the
subject property as opposed to the district in general .
2 . Literal enforcement of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
III
DECISION OF THE PETITION OF ROBERT SHE REQUESTING A VARIANCE
/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 HARDY STREET R-2
page two
3. Desirable relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted 0 in favor and 4 in opposition
to the motion to grant the Variance, having failed to garner the
required votes to pass, the motion is defeated and the petition is
denied.
Variance & Special Permit Denied
February 18, 1998
Richard Dionne, Member
Board of Appeal
COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
=ppeal from this decision, if any, shall be made pursuant to Section
11 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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 days have elapsed and no
appeal has been filed, or that, if such appeal has been filed, that
is 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
BOSTON (508) 535-7753
N � "The Only Fence Company 128 Newbury Street
lr You'll Ever Need" P.O. Box 2292
SUPPLY COMPANY West Peabody, MA 01960
Fax (508) 535-1100
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