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5-7 LIBERTY HILL AVENUE - ZBA PAUL L. MICHAUD 5,7 LIBERTY HILL AVENUE (R-2) c� J � 1 �I b f 'L. _c f�iitu oftzlem, ' ttss�elzusetts 3 s 130nrb of Aupeal . Ci i y �NI ILO t;. ♦ DECISION 0\ TEE PETITION CF PAUL L. MICHAUD :OR A :ARIAftCE tO,,EA AT 5-7/ LIBERTY HILL AVENUE. (R-2) A hearing on this petition was heid April 19, 1995 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett. Arthur LaBrecque, Nina Cohen, and Albert Hill. 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 a Variance on minimum distance between buildings on lot from 30' to 22.5. The Variance which has been requested may be granted upon a finding by this Board that: I. Special conditions and circumstances exist wnich 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 petitioners. 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 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. There was no opposition in this matter. 2. This will allow petitioner a fuller use of the property. On the basis of the above findings of fact, and on the evidence presented at the hearing, 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 statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. -- --- - --- -- DECISION OF THE PETITION OF PAUL L.::ICHAUD FOR A ':ARIANCE AT 5-7 LIBERTY ?TILL AVENUE, SALEM .age two 3. Ail construction shall be done as per the plan anhf-mans Nj submitted. C lY p r =etitioner shall obta.n a building permit prior to begi6n ng� ah%F construction. ;. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. Variance Granted April 19, 1995 Albert C. Hill, .;r. Member, 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