11 PRESTON ROAD - ZBA 11 Preston Rd. R-1
Richard D. Sanford
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OIT1' CLERK, bALLH, NAbB,
DECISION ON THE PETITION RICHARD D. SAMFORD FOR A VARIANCE
AT 11 PRESTON ROAD' (R-1 )
A hearing on this petition was held June 24, 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 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 side yard
setback requirements to allow an existing 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
affect other lands, buildings or structures in the same district;
b. literal envfrcement of the provisions of the Zoning Ordinance would involve
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, makes the following findings of fact:
1 . There was no opposition;
2. The deck was existing prior to the petitioner purchasing the property;
3. To force the petitioner to remove the deck would cause substantial
financial hardship.
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 exist which especially affect the subject
property but not the district generally;
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on 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.
u
DECISION ON THE PETITION OF RICHARD D. SANFORD FOR A
VARIANCE AT 11 PRESTON ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested and allow the existing deck, subject to the following conditions: ,
,
1 . The structure on 11 Preston Road comply with regulations of the
Salem Fire Prevention Bureau relative to the installation of
smoke detectors.
VARIANCE GRANTED
Peter Strout, Member, Board of Appeal
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A- COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO"' THIS DK'ISIDN. IF ANY. SHALL BE MADE PUPSOANT TO SECTION 17 OF THE A'ASS.
CENEP,AL LAWS, Ch:.PTEF, Sire. ARD SHALL BE FILED Wi-X!N 20 DWS AFEP. THE DATE OF FILING
OF THIS CECISION IN THE OFFICE OF THE CITY CLEF%.
PJ43=ST TO ;i ASS GE%_ER L Lt,'.S CHAPTER SIB SEGiCN 11. THE l'- .. . :r S°ECI=L PE7:8T
_D HE'E!';. SHAL: N, - TA,E EFFECT Ur TIL A C..': OF THE E--7 THE -7RT-
F!r TI OF THE CIT. CLER. inAT 20 D:%YS hAl' N� 4.-rZ - t
IF �q o--:: H.S E: _
OR ;HAT SCCH n. rc�.� h:,S BEEN FILE. ?ln IT � EE_.. F;
RECiDEJ IN THE Sj:_,H ESSEX RE�ISTR1 OF CEEES W,D i%D_%.ED e".__:. TcE .,-.:.E OF THE Ova."P
OF RECORD OR IS RBCCRDED AND NCTEO ON THE 041LEP.'S CERTIFICATE OF TI E.
BOARD OF APPEAL
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MORTGAGE INSPECTION PLAN
BUY LOCATED IN
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TO THE rAk?.ALIvY I`1Y4� AND ITS TITLE INSURERS MASSACHUSETTS
1 HEREBY CERTIFY THAT I HAVE EXAMINED T14E PREMISES AND ALL EASEMENTS,
ENCROACHMENTS AND BUILDINGS ARE LOCATED ON THE GROUND; AS SHOWN.
I FURTHER CERTIFY THAT THE BUILDING SHOWN DOI .,?, )CONFORM TO THE
J ZONING�LAWS AND AMENDMENTS, LA. (FRONT,SIDE B PEER YARD SET BACK UI:Ll10F_ Gf t`V�M
WHEN CONSTRUCFED. I FURTHER CERTIFY THAT THIS PROPERTY IS 0 Di,, .
LOCATED IN THE ESTABLISHED FLOOD HAZARD AREA.
DEED
NOTE: THIS CERTIFICATION IS BASED ON THE LOCATION OF SURVEY MARKERS OF OTHERS, AND BOOK
DOES NOT REPRESENT A PROPERTY SURVEY.
EXAMINATION OF THE RECORDS IS MADE ONLY SUBSEQUENT TO THE RECORDED DATE OF THE PAGE
LATEST DEED AND DOES NOT INCLUDE VERIFYING THE ACCURACY OF THE DEED DESCRIPTION
PREVIOUS TO ITS DATE OF RECORD. PLAN
THIS COMPANY IS NOT RESPONSIBLE FOR ANY INDENTURES MADE SUBSEQUENT TO THE NO. _
RECORDED 'DATE OF THE LATEST DEED OF RECORD.
WHENEVER BUILDINGS ARE SHOWN LESS THAN ONE FOOT FROM THE PROPERTY LINE 1T I$ BOOK
ADVISED THAT A MORE PRECISE 'SURVEY BE MADE TO VERIFY THESE MESUREMENTS. PAGE •/'✓t7 -_
• THIS CERTIFICATION TO BE USED FOR MORTGAGE PURPOSES_ON CERT. NO,
AO_lo —._1987
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