7 HILLSIDE AVENUE - ZBA 7 HILLSIDE AVENUE
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In CITY OF SALEM f
at BOARD OF APPEAL I'
Y, 979-745.9595,Ext.381
;r will hold a public hearing for all i
persons interested in the petition sub-
mitted by THOMAS GILLIGAN,JR.
w requesting Variances from minimum
lot size and minimum frontage to sub-
divide the property to create a sepa-
rate lot for the property located at 7 1
HILLSIDE AVENUE R-1. Said hear-
mg to be held WEDNESDAY,JANU-
ARY 15, 2003, at 6:30 P.M., 120
WASHINGTON STREET, 3rd
FLOOR,ROOM 313.
Nina Cohen,Chairman
-r
CITY OF SALEM, MASSACHUS
BOARD OF APPEAL �rTY OF SALE ifA
,,�.
3 120 WA5HINGTON STREET, 3RD FLOOR CLERK'S OF -E
a�- IfFq SALEM, MA 01970
qg� TEL. (978) 745-9595
G FAx (978) 740-9846
STANLEY J. USOVICZ, JR. _ IDOI JAN 2l P 3. 11 ,
MAYOR
DECISION OF THE PETITION OF THOMAS GILLIGAN JR. REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 7 HILLSIDE AVENUE R-1
A hearing on this petition was held January 15, 2003 with the following Board Members
present: Nina Cohen, Bonnie Belair, Nicholas Halides, Stephen Harris and Joan
Boudreau. 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 is requesting Variance from minimum lot size and minimum frontage to
subdivide the property to create a separate lot for the property located at 7 Hillside
Avenue located in an R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. Attorney Scott Grover of 222 Essex Street appeared and represented the
petitioner.
2. Petitioner would like to subdivide property to create a separate lot for sale.
3. Kevin O'Donnell, who would like to purchase the lot, would build a single-family
dwelling.
4. City Councillor Mike Bencal spoke in favor of the petition.
5. Richard MacKinnon of 13 Hillside Ave also spoke in support of this petition.
CITY OF SAL t�, MA
t' CLERK'S 0
DECISION OF THE PETITION OF THOMAS GILLIGAN REQUESTING VAI �NCAN j FOR THE PROPERTY LOCATED AT 7 HILLSIDE AVENUE R-1 u, JJ 2.j P
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
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 5-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per plans submitted and approved by the Building
Commissioner.
4. A Certificate of Occupancy shall be obtained.
5. Petitioner shall obtain a building permit prior to beginning any construction.
6.Petitioner shall obtain proper street numbering from the City of Salem Assessor's
Office and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board of Commission having jurisdiction
including, but not limited to, the Planning Board.
VARIANCE GRANTED
JANUARY 15, 2003
6on
e
Board off Appeal V''�
OF
CII'Y�RK S SALAiW
21 FP 4d
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
certificate of the City Clerk that 20 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