333 JEFFERSON AVENUE - ZBA CL'YDE MCKAY
FMMMMr 333 JEFFERSON AVENUE
1471
c�
Ctu of ttiem, �EassarliusW 2 10 i
3 G!;
'�Q s Bourb of Aupeu! " yr
DECISION ON THE PETITION OF CLYDE F. MCKAY FOR A VARIANCE
FOR THE PROPERTY LOCATED Al 333 JEFFERSON AVENUE (0-1)
A hearing on this petition was held May 17, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrette, Albert Frill,
Nina Cohen and Arthur LaBrecque. 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, owner of the property is requesting Variance from side set
backs to construction an addition on the rear of his dwelling for the
property located at 333 Jefferson Avenue. This property is in an R-1
district.
The relief 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. The petitioner is enlarging an existing porch which is in need
of repair.
2. The lot is narrower than other lots in the area.
3. The addition will allow the petitioner a fuller enjoyment of the
property.
4 . There was no opposition to the request.
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
P � ] F P Y
and not the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
PETITION OF CLYDE F. MCKAY FOR A VARIANCE FOR
THE PROPERTY LOCATED AT 333 JEFFERSON AVENUE (R-1 )
rage two
3 . The request 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested relief, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
All construction shall be done as per the plans and dimensions
submitted.
3 . all requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
L . Petitioner shall obtain building permit prior to beginning any
construction.
3. 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
May 17, 1995 � z�
Stephen C. Touchette, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILE➢ 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
.ariance 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
a
IV
C.J
N
o
3:
�7
L7