163 OCEAN AVENUE - ZBA 163 Ocean Ave. R-2
Paul R. Murphy
t
(City of 1�51em; 4Ettssttrl1usetts
-goara of enl 4C 4 3
,
r
DECISION ON THE PETITION OF PAUL R. MURPHY
FOR VARIANCES AT 163 OCEAN AVENUE (R-2 )
A hearing on this petition was held July 21, 1993 with the following Board
Members present: Francis X. Grealish Jr. , Chairman; George Ahmed, Stephen
Touchette and Stephen O'Grady. 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 Variances from lot size,
coverage, front and rear setbacks to allow construction of an addition
which will be used as a two car garage and for storage in this B-2
district.
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. There was no opposition to the proposed request.
2. The direct abutter sent a letter supporting petitioner's request.
3. The construction of the garage is a normal and customary use in a
residential area.
4. This is the only feasible location for this garage addition.
DECISION ON THE PETITION OF PAUL R. MURPHy -FOR VARIANCES AT
163 OCEAN AVENUE, SALEM
page two
On the basis of the above findings of fact, and on the evld6ncespresented
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 building permit from the City of Salem
Building Inspector.
5. Exterior finished of the proposed construction be in harmony with the
existing structure.
6. The addition is to be used as a garage and for storage only.
VARIANCE GRANTED
July 21, 1993
Francis X. Grealish, Chairman
Board of Appeal
DECISION ON THE PETITION OF PAUL R. MURPHY .
FOR VARIANCES AT 163 OCEAN AVENUE, SALEM
page three Ale t(
P
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