7 LARCH AVENUE - ZBA 7 LARCH AVENUE (R-1) 'I
KIMBERLY HEATH J
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of Salem, 'Tttsstteliusetts
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DECISION OF THE PETITION OF KIMBERLY A. HEATH REQUESTING A 'VARIANCE
FOR THE PROPERTY LOCATED AT 7 LARCH AVENUE (R-1)
A hearing on this petition was held October 16, 1996 with the following
Board members present: Nina Cohen, Albert Hill, Richard Dionne, Joseph Ywuc
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 from two side and rear setback to install a
8' x 10' shed for the property located at 7 Larch Avenue.
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 . A letter was submitted in favor of petition signed by George Ray,
of 10 Bayview Cir. and Robert St. Pierre of 9 Larch Avenue.
2. Richard Boisvert of 5 Larch Ave. was present and opposed the petition
with reasons of shed being to tall and to close to the fence.
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.
DECISION OF THE PETITION OF KIMBERLY A. HEATH REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 7 LARCH AVENUE (R-1 )
page two
On the basis of the above findings of fact, and okfi14N evj;dopce:; presented
at the hearing, the Zoning Board of Appeal voted :unanimously, 5LO�4o grant
the variance requested, subject to the following conditions:-.
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1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations .
2. All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Exterior finishes of the new construction shall be in harmony with
the exterior structure.
Variance Granted
October 16,1996 /-
Paul Valaskatgis
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 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
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Legal Notice```; I
7 C - -:- CITY OF SALEM '
BOARD OF APPEAL`
745-9595 Ext.361 rr
Will/hold a public hearing£or;all
G persons interested.in the petition sub-
mitted by KIMBERLY A. HEATH
requesting a Variance from side and
rear setbacks to install a 6 x 10 shed for
the property located pt 7 LARCH
AVENUE(R-1).Said hearing to be held
WEDNESDAY, OCTOBER 16, 1996
AT 6:00 P.M.,ONE SALEM GREEN,
- 2nd floor. fR
Gary Barrett,Chairman
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L—(10/2..10/9/96)
PLOT PLAN OF LAND IN SALEM, MA. ,
SCALE: 1"=20'
DATE: October 1,
1996
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NOTE: Offsets shown are approximate by tape survey. qy4 y
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