10 PHILLIPS STREET - ZBA r I
10 Philips St. R-1
City of Salem
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DECISION ON THE PETITION OF JOSEPH LEVESQUE FOR VARIANCES a 29 P 4 :06
10 PHILLIPS STREET
A hearing on this petition was held on July 20, 1983 with the f02j pr tLLp''Members present: James Hacker, Chairman; Messrs. Hopper, Charnas, d Bebcal:
Notice of the hearing was sent to abutters and others and notices were properly-
published in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
The petitioner is requesting variances from frontage requirements to allow an
83 foot frontage on lot 1 and a 72.3 foot frontage on lot 2. Petitioner also
requests variances from density requirements to allow him to build a duplex on
8100 square feet (lot 1 ) and another duplex on 6360 square feet (lot 2), all as
shown on a plan filed with the Board. The neighborhood is zoned R-1 .
The Board of Appeal, after consideration of the evidence presented at the public
hearing and after viewing the plans of the property makes the following findings
of fact:
1 . The premises are currently owned by the City of Salem;
2. There are no special conditions which affect this lot specifically and
- ---- not the-neighborhood generally, and which would make a substantial
financial hardship to the petitioner.
One the basis of the above findings of fact, and the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1 . Petitioner has not sustained his burden of proving that a literal
enforcement of the Zoning Ordinance would involve substantial financial
hardship to petitioners owing to special conditions which effect these
premises specifically and not the neighborhood generally.
Therefore the Zoning Board of Appeal voted unanimously to deny the petitioners .
requests for variances.
..OPEAL FR0L1 THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 of THE LASS.
GENERAL LAWS, CHAPTER C 3, AND SHALL BE FILED 17:THIN 20 DAYS AFTER THE DATE F LI;4�
OF THIS DECiS!ON IN THE OFFICE OF THE CITY CLERK.
PURSA}'T TO E'ASS. GE:7:fi% U.13, CHAPTER .°OC, ScC fi'.i7 11, THE VAR.a��ed �,','tl':LLtjy'�j.iVhaS, Acting Secretary
GRANTED, HEREIN, Sh-,'LL MD. T3.iE EFFECT UNTIL A COPY OF THENOISION, BEA%!;X "14E 0ERf- -
1HCATiON GF THE CITY CLERF, TH;:. 20 PAYS HAVE ELAPSE) A�:0 ri3 A?PEAL HAS BEE71 FILED, -
uR THAT, IF SD:H W; APPEAL HAS BEEN ME, THAT IT H/,S MN DiSUISSED OR DENIED IS
2:ORDED Ul THE C JTY ESSEX RE'D15TRY of 6EE'vS AND iNNXED UiIiNx THE NAi:iE OF THE OVIN 2 '
-WRECORD OR IS BEWRDED ANO NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
F A COPY OF THIS DECISION HAS BEEN FILED LJITH THE PLAfSNING HOARD AND THE CITY CLERK
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