25 PROCTOR STREET - ZBA 25 PROCTOR ST. R-3
Thomas & Anne Brophy
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CtU of ,Salent, Aassar4usetts
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Poarb of ��,. ex[
DECISION ON THE PETITION OF THOMAS L. BROPHY FOR
VARIANCES FOR 25 PROCTOR STREET '83 JUL 29 P 4 •07
A hearing on this petition was held on July 20, 1983 with tleTf 4;9'*ng �3P�LrL'r-
Members present: James Hacker, Chairman; Messrs. Hopper, CharnpEa ;.BprClal.
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.
Petitioner requests variances from minimum side and rear setback requirements to-
allow him to construct a one car garage.
The Board of Appeal, after consideration of the evidence presented at the public
hearing and after viewing plans of the property, makes the following findings of fact
1 . Because of the excessive ledge on the premises, the proposed garage cannot _
be reasonably constructed in accordance with the Zoning Ordinance;
2. No opposition to petitioner's plan was raised by neighbors; -
3. The special condition described above does not effect the district generally
but is instead peculiar to that lot;
4. The value of the premises would suffer substantially if, because of this
J: special condition, petitioner could not construct a garage on the property.
On 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's request for variances can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent and purpose of the Zoning Ordinance of the City.
2. A literal enforcement of the Zoning Ordinance would involve substantial
hardship to petitioner, owing to the special condition above described
which does not effect the district generally.
Therefore, the Board of Zoning Appeal voted unanimously in favor of granting the
petitioner the variances requested. The Board granted these variances under the
following terms and conditions:
1 . Petitioner is granted variances from minimum rear and side setback require—
ments to allow him to construct a one car garage as shown on plan filed
with the Board.
APPEAL F30:4 ,H:S isEOL"ICH, IF ANY. SHALL BE NAD"e PURSUANT TO SECTION 17 OF THE MASS. -
GENERAL LA S. SGB. AND SHALL BE F:LEO %VIT'Wi 20 DAYS AFTER THE DATE OF FI 14G _ -
CF THIS CiCiS.J:I !:, T:iE OFFICE OF THE CIiY CLERK. -
®URSAW TO r" .FAIN. LAWS. CHAPTER 803, S'c:fiL'L4 11, THE VARIANCE OR SP�5L6�RVCP Charnas, A(-ting Secretary -
SRANTED H I. S.:,LL r;'.'1 TA;'E EFFECT UNTIL A COPf OF THECECIS;3N', 8EA'3';il'7 THE CERT.
FICA7104 OF IF.- 'He CL iRi THAT 2O LAYS HAVE ELAPSED All NO APPEAL HAS BEEN FILED, -OR THAT, IF SU::H A" ;:P;E.'.L Hf,S BEEN FILE, THAT IT HAS BEEN DIS'IISSED OR DENIED 13
RECORDED IN THE SCu LH USEX 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.
A COPY OF THIS DECISION HAS BEURK;; IAPPEY�TTH THE PLANNING BOARD AND THE CITY CLERK