13 PRESTON ROAD - ZBA 13 Preston Road R-1 �
Gary & Marleen Sewall
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Ctu of �$ttlrm, Anssxtljusrtts lac 30 2 33 PN '88
F Poxrb of �kppvd FILE#
CITY CLERK., SAL, MASS.
DECISION ON THE PETITION OF GARY & MARLEEN SEWALL F'OR
A VARIANCE AT 13 PRESTON RD. (R-1)
A hearing on this petition was held on July 20, 1988 with the following
Board Menbers present: James Fleming, Chairman; Richard A. Bencal, Vice-
Chairman; John Nutting, Secretary, Peter Strout and Edward Luzinski.
Notice of the meeting was sent to abutters and others and notices were
properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is seeking a Variance from side setback
requirement to allow existing deck to remain in this R-1 zone.
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
wouln 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
and after viewing the plans makes the following finding of fact:
1. There was no opposition.
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. The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
from or nullifying the intent or pupose of the Ordinance;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. Special conditions and circumstances exist which especially affect
the subject property but do not affect the district generally
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
Variance requested, subject to the following condition:
DECISION ON THE PETITION OF GARY & MARLEEEN SE[ALL FOR
A VARIANCE AT 13 PRESTON ROAD, SALEK
PAGE TWO
1. That a Building Permit be obtained.
UNANIMOUSLY GRANTED
AJ
Nuttin9Y,Zr�d of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPAL FRO:t THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GE. ,.AL LA'ilS. CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
GF I;iiS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CF:7P`FR 908, SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN. SHALL NOT TA.ISE EF;ECT UNTIL A COPY OF THEDECISMN, DEA.?INS THE CERT-
FICATION OF THE CGY CLER:I THAT 20 DAYS IIAPE EUIPSED AND NO A?PEAL HAS CEEN FILED,
OR THAT, IF SUCH AN APFEAL HAS BEEN FILE. THAT IT HAS BEEN DISriJSSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF AFFIX
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