5 MAPLE AVENUE - ZBA (3) 5 MAPLE AVENUE (R-1 )
JOSEPH D. MENTO JR.
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DECISION OF THE PETITION OF JOSEPH D. MENTO JR. REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 5 MAPLE AVENUE (R-1 )
A hearing on this petition was held June 28, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill,
Nina Cohen and Jospeh Ywuc. 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, owners of the property requests a Variance from side setbacks
to build a garage for the property located at 5 Maple Avenue (R-1) .
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. Petitioner stated that his property formerly included an easement
allowing him the use of a garage situated partially on the adjoining
property. About a year ago, the easement expired. Petitioner
attempted to negotiate an extension, but was unsuccessful.
2. Petitioner sought a variance to enable him to build a garage on the
property line, where the driveway lies, to replace the garage that
formerly served his property and the neighboring one.
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.
j DECISION OF THE PETITION OF JOSEPH D. MENTO JR.FOR A
VARIAPICE FOR THE PROPERTY LOCATED AT 5MAPLE AVENUE (R-1 )
page two
"herefore, the Zoning 3oard 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 . Petitioner shall obtain a building permit prior to beginning any
construction.
3 . All requirements of the Salem Fire Department relative to smoke and
fire safetv shall be strictly adhered to.
4. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Variance Granted
June 28, 1995
Nina Cohen
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.
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