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19 JAPONICA STREET - ZBA 19 Japonica St. R-1 /, _ _ Freder Vck & Sherri Callor . a.m 4'Vi / r f1�it of Salem, ttssttclluse#ts �, ` Puarb of Appeal DECEMBER 10, 1992 NOTICE IS HEREBY GIVEN THAT AS OF NOVEMBER 25, 1992 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE:PETITION OF SHERRI-AND FREDERICK CALLER FOR A VARIANCE TO ALLOW A DECK AT 19 JAPONICA STREET. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL 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 MGL Chapter 40A. , Section 11, the Variance/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 Y DATE OF HEARING PETITIONER ���p� f�� LOCATION MOTION: -0 GRANT SECOND - Z TO DENY SECOND 70 RE-HEAR SECOND _SAVE TO WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE V RICHARD EENCAL RICHARD FEBONIO V / FRANCIS GREALISH !/ EDdARD LUZINSKI STEPHEN T^UCHETTE ASSOCIATE :'EMR-ERS RONALD [L.11,.,.�!,TJE�ARTHULE OUE CONDITIONS: of $Ujem, {` assucllusetts Pours of '�Appzal DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLER FOR A VARIANCE AT 19 JAPONICA STREET (R-1) A hearing on this petition was held November 18, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. 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. Petitioners, owners of the property, are requesting variance to allow a previously constructed deck in this Residential Single Family District (R-1) The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved. 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 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, and after viewing the plans, makes the following findings of fact: 1 . The deck in question was built in approximately 1990 and does encroach on rear setbacks. 2. No support was submitted for the petition, however, one letter in opposition was submitted. =a In L r �r co :n f l DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR A VARIANCE AT 19 JAPONICA STREET, SALEM page two 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 especially affect the subject property but not the district in general. 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 unanimously, 5-0, to grant the variance requested, subject to the following conditions : 1. Petitioner shall comply with all city and state statutes, ordinances, code and regulations. d 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a legal building permit. 5. No commercial vehicles shall be parked on the property. VARIANCE GRANTED November 18, 1992 Richard A. Bencal, Chairman Board of Appeal n �l O 47 Q l DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR VARIANCE AT 19 JAPONICA STREET, SALEM page three 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 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 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 c� n~ VL C O� —,\ of *lem, ��ttssttcljusetts S OMrb d CIIl DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLER FOR A VARIANCE AT 19 JAPONICA STREET (R-1) A hearing on this petition was held November 18, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. 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. Petitioners, owners of the property, are requesting variance to allow a previously constructed deck in this Residential Single Family District (R-1) The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved. 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 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, and after viewing the plans, makes the following findings of fact: 1 . The deck in question was built in approximately 1990 and does encroach on rear setbacks. 2. No support was submitted for the petition, however, one letter in opposition was submitted. c C1 ti h„I U "= w a � T� 0 m; s r ti / DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR A VARIANCE AT 19 JAPONICA STREET, SALEM page two 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 especially affect the subject property but not the district in general. 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 unanimously, 5-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. G. Petitioner shall obtain a legal building permit. 5. No commercial vehicles shall be parked on the property. VARIANCE GRANTED November 18, 1992 Richard A. Bencal, Chairman Board of Appeal C Z . `7 ti O h� C CO DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR VARIANCE AT 19 JAPONICA STREET, SALEM page three 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 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 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 n~ T � �i o ^ CO v; ti of *Iem, c itss�tl�use##s s �Raara of '�Fpettl DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLER FOR A VARIANCE AT 19 JAPONICA STREET (R-1) A hearing on this petition was held November 18, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. 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. Petitioners, owners of the property, are requesting variance to allow a previously constructed deck in this Residential Single Family District (R-1 ) The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved. 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 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, and after viewing the plans, makes the following findings of fact: 1 . The deck in question was built in approximately 1990 and does encroach on rear setbacks. 2. No support was submitted for the petition, however, one letter in opposition was submitted. -n o co m� s ti j DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR A VARIANCE AT 19 JAPONICA STREET, SALEM page two 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 especially affect the subject property but not the district in general. 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 unanimously, 5-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a legal building permit. 5. No commercial vehicles shall be parked on the property. VARIANCE GRANTED November 18, 1992 Richard A. Bencal, Chairman Board of Appeal n ti 2 ' O ti DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR VARIANCE AT 19 JAPONICA STREET, SALEM page three 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 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 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 , � ga+ ti ! T � o ^ CV r Citg of $nlem, {` ussadjusetts F Pnura of ' pPpral DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLER FOR A VARIANCE AT 19 JAPONICA STREET (R-1 ) A hearing on this petition was held November 18, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. 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. Petitioners, owners of the property, are requesting variance to allow a previously constructed deck in this Residential Single Family District (R-1) The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved. 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 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, and after viewing the plans, makes the following findings of fact: 1. The deck in question was built in approximately 1990 and does encroach on rear setbacks. 2. No support was submitted for the petition, however, one letter in opposition was submitted. n� �O H � Ti CI'1 U; N r �X co n ti DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR A VARIANCE AT 19 JAPONICA STREET, SALEM page two 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 especially affect the subject property but not the district in general. 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 unanimously, 5-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a legal building permit. 5. No commercial vehicles shall be parked on the property. VARIANCE GRANTED November 18, 1992 Richard A. Bene—nfcal, Chairman Board of Appeal c� Z n � O `r DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR VARIANCE AT 19 JAPONICA STREET, SALEM page three 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 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 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 c� ^~ �l H n ^ Cu ti Ctu of '*Ilem, 'Tassadjusetts J F �Butzrd of Appeal DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLER FOR A VARIANCE AT 19 JAPONICA STREET (R-1) A hearing on this petition was held November 18, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish Jr. , Edward Luzinski and Stephen Touchette. 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. Petitioners, owners of the property, are requesting variance to allow a previously constructed deck in this Residential Single Family District (R-1) The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved. 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 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, and after viewing the plans, makes the following findings of fact: 1 . The deck in question was built in approximately 1990 and does encroach on rear setbacks. 2. No support was submitted for the petition, however, one letter in opposition was submitted. n n—i r--c ^n o ti n L r 'nY co rn n Cir gyp' ti DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR A VARIANCE AT 19 JAPONICA STREET, SALEM page two 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 especially affect the subject property but not the district in general. 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 unanimously, 5-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a legal building permit. 5. No commercial vehicles shall be parked on the property. VARIANCE GRANTED November 18, 1992 j���ZJZ.R[.g�`tel • 51��4'L/'CQ'(i C �/ Richard A. Bencal, Chairman Board of Appeal c� C') ti O w hr� � ti r DECISION ON THE PETITION OF SHERRI AND FREDERICK CALLOR FOR VARIANCE AT 19 JAPONICA STREET, SALEM page three 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 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 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 c� o CO �n Z �; ti CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing fill,all persons iotel,- ested in the petition submitted by SIII?Itltl A FREDERICK CALLOIt for a Val imov from r,ii sclbnolc royeiromoul to :allow a dork at 19 JAPONICA ST. ( t-11 Said hearing it, be held WIJ)NESDAY, NOVEMBER 18, 1998 AT 7:00 P.M., ONE SALEM GREEN, 2nd floor. RICHARD A. BENCAL, Chairman November 4, 11, 1992 SN i217 r r R w R R t R R R R R r R t R i R R R t f R R R * R R R / R R CITY OF SALEM - BOARD OF APPEAL _ 745-9595 F.xt. 281 Will hold a public hearing for 1,11 Persons ,sled in the petition submitted by SHERRI FHEDERICH CALLOR for a Variance from rear seLliack requirement to allow a deck at 19 JAPONICA ST. (R-H Said hearing to be held WEDNESDAI, NOVEMBER i8, 199= AT 7:911 P.M., ONF. SALEM GREEN, 2nd 11oor. RICHARD A. BP:NCAL, CSM1,11 ,7 November 4, 11, 1992 Wed . 12/2 Boxes Thurs . 12/3 Bonus $ 15 Friday 12 No Boxes Sat . 12/5 /4 3 Boxes 3 Boxes Mon Tuesay76 3 Boxes l2/ Wed . 12/8 3 Boxes 3 Boxes Thurs . 12/9 3 Boxes Friday 12/ 10 Sat . , 12/ 11 GR Boxes RAND PRT, -- • CITY OF SALEM BOARD OF APPEAL. 745-9595 Ext. 381 will hold a Public hearing fm'all Pel'sons inter- ested in the Petition submitted by SHERRI & FREDERICK CALLOR 1'or a Variance from rear setback requirement to allow a (leek at 19 JAPONICA ST. (I1-1) Said hearing to he held WEDNESDAY, NOVEMBER 18, 1992 AT 7:nd P.M., ONE SALEM GREEN, 2nd floor. RICHARD A. BENGAL. CS firman November 4, 11, 1992 'i x a ' Y Y Y Y Y Y M Y Y Y Y Y Y Y Y Y Y ► Y i i Y i Y Y Y Y .Y Y . _ CI'!'Y (Its SALEM BOARD of AI-PEAL 745-9595 Ext. 381 Will hold a public hearing 1'o)-all Persons inter- esled in the petition submitted by SIM"tt & EILEDERICK CAI,LDIL "" a Variane.c from rear setback require nwnt to 511ow a deck nl. I!I JAPONIt:f\ -11 Said haaring to be held W li 1)N ESUA}', NII\'Enlil•:It 18, I!1!I'_' :\'1' 7:1111 1'.M.,.IINIi 5:\I,I:M GIt Ii1:N, 2-ul floor. EICIIARD A. MINCAL, t- N;26'L 17 November 4, 11, 1992 i i Y Y M yY Y Y Y Y Y Y y y i Y . . . . . . . . . . . . . CITY OF SALEM - - .. BOARD Or APPI7AL 745-9595 .Exi. 381for 11 persons inlcr- Will holdaPetitionem"Ing ted by sul"Itill & es4ed in the P at 19 rREDERICIC CALL eme O{ttlooralb Nv ardt!kb- 'held setback req said hearing ST. (R-1) 1992 Alf 7:99 JAPONICA NOV EMRERZ'8l floor. WEDNESDAY, Chairman ONE sRICHAIID A�BENCAL, SN26211 November 4, ll, 1992 0 NOWRN 013I R R R R R R RBdR dO d 0.2 R f k R R IN A PERSO . 72797 BETTE R * * * R R R R R R R R R f R R r m APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . of �5:_ttlPm, Cfflttssrzr4xzsPtts +, �BIIIIrb of _AFpral fRc comm TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land local ed at . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . . �. and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section X A. of the Zoning Ordinance. o rn fit O --•1 R U, N� .1V r o m N mX m m. ro ng � Ti U) Cn C'D CfI (�> The Application for Permit was denied by the Inspector of Buildings for the following reasons : &zil�y The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: 11�61rz.-L owner. .�FAUr.R IcK . . G.A o.4 t . . . . . . . . . . . Address. A9. .$T. . .���e . . Telephone(``Cm ) . . . . . . . . . . . . . . Peti ti oner. SNI.tt' RA. . . F�11�2, , , , , / Address. )9 . .tiTF1(?.a?A\C.?. . s T. • Date. .ILI/a? �I9 a'. . . . . . Tel ephone.0(;):W�) .�� . . . . . . . . . . . . By. Z. —&2 . 0 . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . .. . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. � / NO-----------~ � � P5TH[ON TOBOARD Of: APy[ALS LOCATION � ....................... � � � �F|}Tl0N[K � ------ -------' ADDRESS................. ---.................... ............... � C0ND[l|0NS - --^----- ------------ .................... ... -........ --..................... � � --^------------------' ---------------------' ---------------------' --~------------------' � � �~l � �PET[\ION APPROVED.................... �~� D8N|ED--------. �� x~� � . , _____--------` |�,.-' �[ � - � � � � � � � | MORTGAGE INSPECTION BAY STATE SURVEYING ASSOCIATES 234 CABOT ST.,BEVERLY MA LOCATION Sl' L E1Y1A(1h S S . NOTES: ---•-•---- f SCALE I = 20 FT. DATE •This is a Mortgage Inspection survey and not an instrument survey, therefore this plot plan is for REFERENCE r > �: ✓_' . �. _!_ .__._. mortgage inspection purposes only. •This survey y _ _��_.•�___�:._ •____ _ __ ____ ___ ______ y sbasedonsurve marks of others. _.. .-_. • Bushes, shrubs,fences and tree lines do not v necessarily indicate property lines. To /-- N--w ��Gc-�N,Q----y7c- -- ----- -- .In my professional opinion the building(s)are not located The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D. local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey from violation enforcement action under Mass. G.L.Title VII is recommended to determine prop. lines. Chapter 40A Section 7. E�'Cc�PT G C� C •Offsets shown are approximate by tape survey. N rn o ^� xN NA N r N O� � Tt Cn LO r� +O F7 01 ' y ' I R08ERT / 19 JAMES SOT(ROS r No. 28094 C' its;s-,-i 'A I ' aa( lPN + Gt SPon� 1CH S B01.RD OF APPEALS November 18, 1992 CITY OF SALEM ��� OL; �M 532 BOARD OF APPEAL FiECEiViL'0 RICHARD A. BENCAL, Chairman CITY OF SALEP9,MASS. ONE SALEM GREEN SALEM, MA 01970 Dear Members of the Board, Please accept this letter in lieu of a personal appearance which was prohibited due to my work schedule. I am witting in response to your recent notice regarding a petition filed by Sherri and Frederick Callor of 19 Japonica Street for a Variance from the minimum setback requirement to allow a deck. My property is located at 17 Japonica Street and abuts the Callors' property on the side adjacent to the deck (our houses are less than twenty feet apart with his driveway between). I have resided at this property for the past eight years and I have always presented a cordial, neighborly attitude toward Mr. Callor and his family. However, throughout my tenure at this residence I have endured junk cars constantly in the yard, several automobiles being dismantled within six feet of my dining room and subsequently left wrecked, a yard which was left overgrown every summer with unraked leaves blowing into my yard every fall (until I put in a fence), a new post and railing being ripped from my front stairs when a party turned affray, and a huge tractor from a tractor/trailer unit which fills a majority of the void between our houses in addition to filling my house with diesel fumes during the summer months. When I purchased my home on a quite neighborhood street I did not want to live next to a junk yard or a truck yard but I ended there anyway. It is the frustration from the culmination of these events that has prompted my letter tonight. I have asked Mr. Callor over the years to rectify each of these obvious eyesores and he has eventually complied with my requests, except for this truck. His response to my request not to park this overpowering mass between our houses was, " It's only here when I'm home and I'm only home on weekends!" Well, I guess it's just my misfortune that I'm off from work the same days. I have told Mr. Callor that I would not object to the deck (it looks much better than the previous mess). I am asking that when considering this petition that you afford Mr. Callor the same consideration he has given me with regard to my request for him not to bring home his truck. Since a picture is worth a thousand words and this letter is too long already, I have enclosed two pictures of the situation for your review. I sincerely thank you for taking the time to read this letter and I hope that you can intervene in my dilemma. ncerely, David P. ' ey 17 Japonica Street APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . {•� (1�ity of '�'6ajgm C tts�tttl�usPffs s� 'Paarb of �'- ad TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at 10. . �'•Gfl•ST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . . .. . .1.Q.T�� and said parcel is affected by Section(s ) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. rnVM1' y R _ N A N om r z a, �s ma � c.o � N The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Owner. . .�:. .C9 !of.z . . . . . . . . . Address. .1.�. .5 (�6nt �fl. .S?: . . Si lery Ielephone.(:S.4g� , X45- 338 . , , . _ , . . • . . Sl ,e � Petitioner. . . . . . . . . • • • • • • • • • • • • . . . . Address. . l9, Date. . .IOIa, I9.� . . . . . . Tel ephonelc!�b(�. 5: ,3. 38. . . . . . . . . . . . . By. kc1. . -21 . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO............ .................... PETIl[ON 10 BOARD 017 APPEALS LOCAI ION .....................-....... ........... ...... P171 11 IONFR........-..... . .... ...... ....... ADDRESS...-.... .. ... ....... ........... ............... CONDI I IONS .......................... ................... ................ .................... .. .. .....—.1....... ................................................................ ................................................................. ................. .................... .......................... ..................................... ........................... PETITION APPROVED........I........... ❑ DENIED......................... 0 .................................................... 19......... c ci `�.wNolr��k r D DEPT. FILE COPY CITY OF SALEM BUILDING =° 3 r t p^ SALEM, AIASSACHUSETTS 01970 PERMIT VCuo.TION @ru[mc DATE 6/19 APPLICAN' Frederick Callor ADDRESS `IaPO9�t•oEAMIT No. 333-9Owner . INO.1 ISTR[Erl ICO-r % LI[ENSII PERMIT l,; Replace steps. STORY Dwelling NUMBER of O WELL IN G UNITS I Rr o• �..RR o+E�[RII Ko. IRRoros[o usu '. 19 Japonica St. Ward 6 ZONING R-1 AT (LOCATION' DISTRICT �e O.l S1cF C�! BETWEE'. AND ICROsa Stec[n ICROss STREET) LOT sOBDIVIS ION LOT BLOCK SIZE BUILDING IS v0 BE V 7 W.GE bFT, LONG BY FT, IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GFOUR BASEMENT WALLS OR F GUNCAT ION n Tru REMARKS; Repair & replace back steps, repair rear deck, close-in skylight window. CALL FOR INSP=ION 745-9595 AREA OR VOLUME ESTIMATEC COST S 600• FEE MIT S Z0. I(VOIC SOVnPE •[FTl J OWNER Frederick Callor Igr AnDREss 19 Japonica Salem, "AAL d INSPB=R OF BUILDTNCS nH DATE OF PERMIT PERMIT No. OWNER LOCATION 8/7/89 I 393-89 Frederick A. Callor 119 Japonica St. R-: STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No:OF FAMILIES WARD COST 1 I 1 16 $1,000.00 Dwelling BUILDER Owner 8/7, 89 #393-89 Repair roof on front porch, repair front stairs & railings. est.1.000 fee$: 6/19/90 #333-90 Repair & replace back steps, repair rear deck, close in sky light window. D.H. Est. 600. fee $20. MORTGAGE INSPECTION BAY STATE SURVEYING ASSOCIATES 234 CABOT ST.,_BEVERLY MA LOCATION SA, LEE nlj TZ/ ............• �S , NOTES: - f-_ SCALE I" = ZD FT. DATE g - •This is a Mortgage Inspection survey and not an instrument survey,therefore this plot plan is for REFERENCE .. . : .2= . �_ _!_ mortgage inspection purposes only. — .... •This survey Y y is based on survey marks of others. __ _ _ __ __ ___ ____ _ ___ __ __•- -__- • Bushes, shrubs,fences and tree lines do not v necessarily indicate property lines. To /— N�GcJ �lCcLitJ!' e''Z, <O - •- . •In my professional opinion the building(s).are not located The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D. local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey from violation enforcement action under Mass. G.L. Title VII is recommended to determine prop. lines. Chapter 40A Section 7. �CEPT CL r •Offsets shown are approximate by tape survey. /7/7/ N om m T'r CJ� :s- T� N N yZ' �i I0, ZyZOf a3 �s I cR 048E ST .(� -I // Trq ' ' SOTIROS $ No. 28094 I j jAS SA ST i IL 'EALS November 18, 1992 CITY OF SALEM BOARD OF APPEAL RICHARD A. BENCAL, Chairman CITY OF 55. ONE SALEM GREEN SALEM, MA 01970 Dear Members of the Board, Please accept this letter in lieu of a personal appearance which was prohibited due to my work schedule. I am witting in response-to-your-recent notice regarding a petition filed by Sherri and Frederick Callor of',19 Japonica Street for a Variance from the minimum setback requirement to allow a`deck My property is located at 17 Japonica Street and abuts the Callors' property on the side adjacent to the deck (our houses are less than twenty feet apart with his driveway between). I have resided at this property for the past eight years and I have always presented a cordial, neighborly attitude toward Mr. Callor and his family. However, throughout my tenure at this residence I have endured junk cars constantly in the yard, several automobiles being dismantled within six feet of my dining room and subsequently left wrecked, a yard which was left overgrown every summer with unraked leaves blowing into my yard every fall (until I put in a fence), a new post and railing being ripped from my front stairs when a party turned affray, and a huge tractor from a tractor/trailer unit which fills a majority of the void between our houses in addition to filling my house with diesel fumes during the summer months. When I purchased my home on a quite neighborhood street I did not want to live next to a junk yard pr a truck yard but I ended there anyway. It is the frustration from the culmination of these events that has prompted my letter tonight. I have asked Mr. Callor over the years to rectify each of these obvious eyesores and he has eventually complied with my requests, except for this truck. His response to my request not to park this overpowering mass between our houses was, " It's only here when I'm home and I'm only home on weekendsl" Well, I guess it's just my misfortune that I'm off from work the same days. I have told Mr. Callor that I would not object to the deck (it looks much better than the previous mess). I am asking that when considering this petition that you afford Mr. Callor the same consideration he has given me with regard to my request for him not to bring home his truck. Since a picture is worth a thousand words and this letter is too long already, I have enclosed two pictures of the situation for your review. I sincerely thank you for taking the time to read this letter and I hope that you can intervene in my dilemma. ncerely, David P. ' ey 17 Japonica Street 7 `� - t��, y -I ` p . � Iq . zz ' 1 -���± & � % © OP � \ c / e = , aOP « � 044 k4o �. r �5 J �1..rlr"7 LeiYOaW E � ! 1 '�►I .j II j � \% � �� � . � % &» � c : » ¥ % �� \ i �® \ % �3 � �/ j � � - § � %% : « �« � o\ w � � f - mow. - _ r r„"•. :.?-: -_ --:.�C� Y M'4 G • '2�m, ?� � �r� - " APPEAL CASE NO. .. .. . . . . . . . . .. .. . . .. . . . �. P=br of A"enl I f TO THE BOARD OF APPEALS: - -:ne Undersigned represent that he is are the owners of a certain parcel of land located . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. l,.(. . and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Flassachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. 0 0 n—' 'a rn(D N Z7 T N D N O m N T; � n= R1� V) LA N N -he ,�noiication for Permit was denied by the Inspector of Buildings for the following reasons : The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: C Owner. . 0. .A:. .CAJ cg.. . . . . .. . . Address. A9.—:i?Pgn • . SR� er>1. . Telephone l,J.�B_� , �S„ 3�>g. . . . . . . . . . . . Petitioner. . • • `� Address. . l`t,SA�a��C A. .S� S.1Q» 1. . . Date. . ✓.� 1 1 Q.ai . . . . . . Tel ephonec5��). . . . . .. . . . . . . . Y AAit •. M M Three copies of the application must be filed with the Secretary of the Board of- Appeals with a check, for advertising in the amount of. .. ._." .. ... ftT rt four weeks prior to the meeting of the Board-of Appeals Check payable to The 2 > - .. �F.�xt� .. '''•..tee =t r. � .:h'P �� '3s. Evening News. fi , y rfC s/�T._Yl,�\("1r s�l�'+`re%T N, rt,�'.: '.:: 4r ;^•SSR bsi ,w .. : ti 43/. << <tr R�.if Yi \+UaY' +�,.` MORTGAGE INSPECTION BAY STATE SURVEYING ASSOCIATES 234 CABOT ST.,,BEVERLY MA LOCATION S, IL.FAI NOTES: C SCALE I11 = ZO FT pp7E : q /4 •This is a Mortgage Inspection survey and not an �C / L_ ...... instrument survey,therefore this plot plan is for REFERENCE .............. mortgage inspection purposes only. T ___ •___•_• •This survey is based on survey marks of others. __ .__, •Bushes, shrubs,fences and tree lines do not v necessarily indicate property lines. To / ._.. . .. ... . aNC ••/!/�« �o� .In my professional opinion the building(s)are not located The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D. local zoning set backs at the time of construction or is exempt •Whenever an offset is V± or less, an instrument survey from violation enforcement action under Mass. G.L. Title VII is recommended to determine prop. lines. Chapter 40A Section 7. EXCEPT •Offsets shown are approximate by tape survey. cs o 00et /JU T coM/e-y 'W)l7-/7/ n-4 r < tti ��a• fV o r'i N �y s .n ry LIZ' / .C917 l h � zl�� r I� i1 to 1 ROBERT q JAMES c soTINOS $ No. 280�1A SJ�' I' OMAt lX /� Z' j•t DEPT. FILE COPY CITY OF SALEM BUILDING SALEM, MASSACHUSETTS 01970 PERMIT TiJ 3' VALIDATION �r:rHmc . GATE 6/19 19 90 'ERMIT NO 333-90 APPLICAN7 Frederick Callor ADOREss Japonnicabt. Owner. IxP.I uT•[[n uPNs•v urt Nfn Replace steps. Dwelling NUMBER O. PER.., (_I STORY DWELLING UNITS AT (LOCATIONI 19 Japonica St. Ward 6 NOR-1 DISTRICT uD.l Isr R[nl BETWEE, AND IrRDs, s,nnl ICRDes srP[nl LOT SUBDIVISION LOT BLOCn 5 2E BUILDING IS 70 BE F1, W Of N Ft, LONG BY IN NEIGxT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GNOUP BASEMENT WALLS OP FOUNDATION I"", REMARKS: Repair & replace back steps, repair rear deck, close-in skylight window. CAIS FOR INSPE)=ION 745-9595 AREA OP V OL, ME - ESTIMATED COST S 600• TEE S20 tL uea sauAvt •tn. O.NER Frederick Callor ADORES$ 19 Japonica 6t. Salem, MA. i ' �" DATE OF PERMIT PERMIT No. OWNER LOCATION 8/7/89 I 393-89 Frederick A. Callor 119 Japonica St. R- STRUCTURE MATERIAL DIMENSIONS No.OFSTORIES No:OFFAMILIES WARD COST 1 1 I 6 $1,000.00 Dwelling BUILDER Owner 8/7 89 #393-89 Repair roof on front porch, repair front stairs & railings. est.1,000 fee: 6/19/90 #333-90 Repair & replace back steps, repair rear deck, close in sky light window D.H. Est. 600. fee $20. i 'I °9 °„ u° VSO m/6�` O• q 6 V o O � O / �O Y`fi mcg aS� "' : 'a 7• °o r� �}a`� O s. � °`/ \. lik To CA/S1 RLlCO�S+ Q� /+ �� •� •+ f �,°' \ c}.y � � �u . n.�� �.�/ pF• cj� D/p `� °� �,��6' Gly G\ \ ��,\�(� n '� pro F e• .13 MORTGAGE INSPECTION BAY STATE SURVEYING ASSOCIATES 234 CABOT ST.,,BEVERLY MA LOCATION : s�L_r�_ DATE __n�/Y� fNOTES: �� . _ SCALE I° 20 FT. qq •This is a Mortgage Inspection survey and not an = L .� �� _._-.. - �f instrument survey, therefore this plot plan is for REFERENCE {_, /_ . . _!_: '.%: mortgage inspection purposes only. •This survey y .. . .. .,_. y is based on survey marks of others. .......... .. __ .__. ___. • Bushes, shrubs,fences and tree lines do not necessarily indicate property lines. To /-- N----- --- -— --- --- --/1 J ._........... .In my professional opinion the building(s)are not located The location of the building(s) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D. local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey from violation enforcement action under Mass. G.L. Title VII is recommended to determine prop. lines. Chapter 40A Section 7. zXnE707 •Offsets shown are approximate by tape survey. n o GDS /�JU i c�o,Mr /�1Ly �0/7-/7/ M0 v > 1v 4M N M T Tu y2" / ,b I � Z /Z sly— tom. or s I cslo� ERTES5ROS8C!'J4�hAl lAN S Z z, SPo�IIC� ST BOARD OF ASSESSORS CITY HALL PAGE., SALEM9 1A 01470 2 2 LhgTE Sp % .. ....... ........ 3 3 -rFRT rg7irri.°APUTT 'bqLIST " 7, 4 .......... ................. 4 5 5 SUBJECT PROPERTY: PIA P. 26 LOT: 0160 SUFE: 6 . 6 PROPERTY ADDRESS. 0019 JAPONICA STREET 7 ASSEE AL SSED OWNER 9 01 ,o—MAP-UOT-SUFF FROPERTY-A-DORESS —ASSESSED-OWMER 12.13 :4 10 :1, 26 0160 0019 JAPONICA STREET CALL OR FREDta.'RICK A 19 JAPONICA ST 510 3A�A%-M-PIA-G-Vit7-0 -is 17 4 26 0159 0017 J ARON I CA STREET • SILVEY DAVID .P 17 JAPONICA STREET e10 S -OINETTE ANI SALEM PIA 01970 GAN-GHR+83 E A 21 7 CRAGAN STEPHEN Ill SALEM PIA 01970 22 10 230 a 26 0179 0034 TREMONT STREET BACCARI FRANK J 34 TREMONT STREET'-[- ✓ 241 SAL-E+"IA ).11471"l 25 ............... 26 2 SIL.V,Al IJ.oAO 0 7 .................. - .......... 21 MA.%U15', 2 10 28 22 t FREPIONT'S"FREEl' 29 SALEM 111A 04970 30 23 6 Olt6 0042 TREMON T STREET WANSIEWSKI JOSEPH T 42 TREMONT STREET 31 24 27 32 33 10 EVERADA 616E.I.AP' 26' '6 0175 'P 4'4-41 TREMONT,' ST 3410 ........... sAi2E Ill PIA, b-19 7 1) 35 .......... 21 36 Ta fd�P-?-G Mg Z-3 A P-0 N-1-C A--S-U Z 37 29 FRANCES E SALEM MA 01970 2 3810 30 6 0161 001 JAPONICA STREET PELLET,IER MICHAEL J 21 JAPONICA STREET 39 0-1-ARNF-FISAL-E-M-MA-04-9-70 401 31 41 0018 JAPONICA Ul -- IAM-IAf 18 JAPONICA ST' ' U1 32 26 0204 801 INC RAI- I ROBERT C 42 10 PIA 01970 SALE"PI 430 3;1� 44 34 6e2 GTREET 6;-2 P4+1-6L -xS--F:RAN I, W 1.)COLOY KAREN Il SALEM MA 01970 49 460 035 26 0204 803 0018 JAPONICA STREET U3 BARG RANDALL K 18 JAPONICT A SU,3 ✓ 47 36 E441-L44-PIA-04-9--,'9 48 37 1 1 E. AL-1 A ASSOC 'Ol NAL MORTG4GE, 510 �WALNQT, ST'167'1-4� FL 0 50 ��6, 0 '94 FED R �N I o 38 8 J APOKLM STREET.'�U4' 10 ':LADELP '9 51 10 A,: 6', l.......... .. HIA 52 39 .................. 40 53 54 41 55 10 42 56 . .............. F- Z. 43 ........ 7 5 44 ....... ......... ..... 5: .......... so 45 46 al 47 620 0 631 48 64 65 49 % 68 10 50 7 51 68 52 69 700 41 53 71 54 72 55 73 R()N ........ PETER Ill. CAt ........ c 74 0 56 CHIEF ASSESSOR . 75 7 0 457 to J V CK v+ 7 . 7 S i 9 1 F Mph V s mi IL lb a 0 \Aa5 to \650 as oo't�0 a - ti 6D�J�Cl� I, DEC I S I ON ON THE PET I//T��I ON OF FOR A VARIANCE AT 1lhaxi A HEARING ON THIS PETITION WAS HELD ON WITH THE FOLLOWING BOARD MEMBERS PRESENT: RICHARD A. BENCAL. CHAIRMAN. R I CHARD FEB ON 117, VICE CHAIRMAN ; FRAI W I tS X GREALISH, SECRETARY : EDWARD LUZINSKI : STEPHEN TOUCHETTE NOTICE OF THE HEARING WAS SENT TO ABUTTERS AND OTHERS . AND NOTICES WERE PROPERLY PUBLISHED IN THE SALEM EVENING NEWS IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS CHAPTER 40A. PETITIONER IS REQUESTING A VARIANCE FROM IN ORDER TO Gw `��6iLQ��� 4 �LtiLl��Gt /�4G �2t yL IN THIS / ✓/ ZONE. THE VARIANCE WHICH HAS BEEN REQUESTED MAY BE GRANTED UPON A FINDING BY THIS BOARD THAT: 1 : APECIAL 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 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 6UBETANTIALLY 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 FACT: 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 ESPECIALLY AFFECT THE SUBJECT PROPERTY BUT NOT THE DISTRICT IN GENERAL : 2 . LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONING ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP TO THE PETITIONER ; 3 . 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. THEREFORE. THE ZONING BOARD OF APPEALS VOTED L5 TO THE VARIANCE REQUESTED SUB4J"ECCT TO THE FOLLOWING CONDITIONS : .ae � la ..a(G-�e�,�o�-cam o� ✓�c �/.� o��...0 ,� -u� �7 . _ S � 1