31 PIERCE ROAD - ZBA 31 Pierce Rd. R-1
Steven L. Hensley
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DECISION ON THE PETITION OF STEVEN HENSLEY FOR A VARfNt E
AT 31 PIERCE ROAD (R-1 )
A hearing on this petition was held April 15, 1987 with the following Board {
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. Notice of the hearing was sent to abutters and others and notices of the i•
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a Variance from minimum rear
setback requirements to allow construction of a second floor deck. Property is
located in an R-1 district.
The Variance which has been requested may be granted upon a finding of the
Board that: .
a. 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 in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to the petitioner;
c. 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 voiced at the hearing;
2. The deck would not be detrimental to the neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of concludes as follows:
1 . Special conditions exist which especially affect the subject property
but do affect the district generally;
2. Literal enforcement of the Ordinance would involve substantial
hardship to the petitioner;
3. The relief requested 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.
DECISION ON THE PETITION OF STEVEN HENSLEY FOR A VARIANCE
AT 31 PIERCE ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
Variance requested, subject to the following conditions:
1 . A building permit be obtained;
2. Work conform with all requirements of the Mass. State Building Code.
VARIA14CE GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING—BOARD AND THE CITY CLERK
HALL BE MADE PURSUANT TO SECTION 11 OF THE IAA-,S.
APPEAL FROM THIS DECISIOiJ. IF ANY. S
GENERAL LAWS. CHAPTER EGS. AND SHALL BE FILED wiTHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISIc)N IN THE OFFICE OF THE CITY CLERK. e P SPECIAL PER''IT
PURSA'.JT TO I:fFS$. GENERAL Lf'?:S. CHI. SOS. SECTI-N 11, THE Vf...IAtJCE G Y
GRAM;iED HEREIi:. SHALL IJOT. T 1 EFFECT UNTIL A COPY OF THE GECISIGIi. 6EARCiC THE CERT- .
AN APPEAL H::S B-E:,' FILE THAT IT IT Bc tJ D:S�:;IS"EC OR GF2iP0 IS
FICAiIED OF THE CI'Y CLEF.!l Tr;-'! .0 DAYS HAVE ELArSED A::D NO APPEAL HAS i-E': Fl.
_:D.
CR THAT, IF S'FH
Of IN THE SOU-iH
IS RECORDED ESSEX
ANDR NOTE
YONFTHE EOWNER'S I CERTIFICATE OF TITLE.
f tnF Of THE OVINE
BOARD. OF APPEAL
—PLAN OF LAND
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SAI- EM /,.ass. 29422 l t
R.W. REID R.L.S. LYNNFIELO, MA;
SCALE I"= 20' OCC. 23 /986
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I certify that the dwelling is
located as shown and con-
formed to the zoning laws
N�F A'V< of the C. > of I
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wnan constructed.
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I , hereby, certify to the best of my :knowledge that the premises shown on this plan are
not located within a. flood hazard area as delineated on the :nap of Community -425'0/0219
prepared by the Department of Housing and Urban Development or its successors dated 3-iS- 77
I further certify that this inspection was performed in accordance With the "Technical
Standards for Mortgag'e,. Loan Inspections" as adopted by the Massachusetts Association of Lanc
Surveyors and Civil Engineers , Inc.
Note: This plan was prepared from a tape survey and is intended for mortgage purposes only.
Offsets shown on, or scaled from this plan are approximate only, and should not be used to
determine property lines.
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Subject to approval by any other
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