1 PIERCE ROAD - ZBA 1 Pierce 'Road - R-1
Randall G. Weiting
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CITY C!ER
DECISION ON THE PETITION OF RANDALL G. WIETING FCW.A
VARIANCE FOR 1 PIERCE ROAD, SALEM
A hearing on this petition was held on October 19, 1983 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski, Piemonte
and Associate Member Bencal. Notices of the hearing were 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 requests a Variance from side line requirements in order to construct
a porch on the subject premises in this R-1 district.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special condiitons and circumstances exist which especially affect
the land, building, or structure involved and which are not generally
affecting other lands, buildings, and structures in the same district;
b. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner,
and;
c ==Desirable relief may ge granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purposes of the Ordinance.
The Board of Appeal, after considering the evidence and after viewing the plans, _
makes the following findings of fact:
1 . No opposition to petitioner's plan was raised by neighbors;
2. The dwelling is so placed on Petitioner's lot that only the side
upon which the porch is to be constructed is close to a boundary;
3. The neighborhood is not densely populated;
4. There is no Pierce Road - it exists solely on paper.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions or circumstances exist which affect this lot which
do not generally affect the district;
2. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon the petitioner;
J DECISION OF THE PETITION OF RANDALL G. WIETING
FOR A VARIANCE FOR 1 PIERCE ROAD, SALEM
3. The Variance requested can be granted without substantial detriment to
the public good and without substantially derogating from the intent
and purpose of the Zoning Ordinance.
Therefore, the Board of Zoning Appeal voted unanimously to grant the petitioner the
requested variance to allow him to construct a porch as shown on the plan submitted
to the Board.
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Scott E. Charms, Acting Secretary
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APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAPIS, CHAPTER 808, SECTION It. THE VARIANCE OR SPECIAL PE R:-IIT _
GRANTED HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE 0L1: -
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED.
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISMISSED OR DENIED IS
- RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF Tl-,E
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK