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DECISION ON THE PETITION OF JAMES & JULIA FILACCIO REQUESTING
A VARIANCE FOR 9;;: ORLEANS AVENUE
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A hearing on this petition was held on September 1, 1982 with the following
#q,*Yd Members present: Douglas Hopper, Chairman; Messrs. Hacker, LaBrecque,
Feeherry and Associate Member Luzinski. Notices of the Bearing were sent
66}"h6utters dTdM&aers and a notice of the hearing was published in the
Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
The Petitioners have requested a variance for the property at 9 Orleans
Avenue to construct a carport. A variance is required because the proposed
carport will be built to within. one'foot of the sideline of the
property.
The Board of Appeal, after consideration of the evidence presented at
the public hearing and after viewing the property makes the following
findings of fact:
1) Petitioners' proposed carport is a minimal encroachment into
the minimum sideyard at the site.
2) Petitioners' proposed construction was supported by his abutters.
On the basis of the above findings of fact, and the evidence presented
at the public hearing, the Board of Appeal concludes as follows:
1) The property in question is unique because of its peculiar configuration
and because of the fact that there is no other possible location
at the site. for a carport.
2) The conditions described above especially affect the land in question
but do not generally affect the zoning district in which the land is
located.
3) The conditions described above which affect the land in question,
but not the zoning district generally cause the following special
hardship: unless a variance is granted, it will be virtually impossible
to construct a garage or carport at the site.
4) The desired variance may be granted without substantial detriment to
the public good.
Therefore, the Board of Zoning Appeal unanimously voted in favor of granting
the requested relief. The Board granted a variance to the Petitioners
on the following terms:
DECISION ON THE PETITION OF
JAMES & JULIA FILACCIO
REQUESTING A VARIANCE FOR 90 ORLEANS AVENUE
Page 2
September 1, 1982
The proposed carport may be constructed at the site in
accordance with the plan submitted to the Board.
Anthony M. Feh@rrySecretary
APPEAL Fr"+! iHi3 „-.. L^.•� __ .":PL ., .. .- TO i) CF ii!L f.1M1a"S.
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OF RECW,:D OR IS CEC'CRDEU`ni.'U i:JiEO C:1 L;� &J;f F;S .._ithFICLiE G; iI.
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK