50 RAYMOND ROAD - ZBA 50 Raymond Road R-1
Jacqueline Michaud Tr. (owner?
\ M Laurence Russell & Elizabeth — --- - -- -.-
I' Davis (Petitioners) � � �
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DECISION ON THE PETITION OF LAURENCE RUSSELL & ELIZABETH DAVIS FOR A
VARIANCE AT 50 RAYMOND ROAD (R-1)
A hearing on this petition was held on March 7, 1990 with the following Board
Members present: James Fleming, Chairman, Richard Bencal, Vice Chairman,
Messrs. Richard Febonio, Edward Luzinski and Peter Dore. 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.
The petitioner is requesting a variance to allow an existing deck_
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 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 consideration of the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact:
1. No opposition was present.
2. Those present spoke in favor of.
i
3. The structure would enhance the property and quality of life for the said
petitioner.
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 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. '
DECISION ON THE PETITION OF LAURENCE RUSSELL 6 ELIZABETH DAVIS FOR A
VARIANCE AT 50 RAYMOND ROAD (R-1)
Page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
relief requested, subject to the following conditions:
1. Petitioner must comply with all requirements of the Salem Fire Department.
2. Petitioner must obtain legal building permit.
3. Present deck must not exceed the dimensions submitted.
VARIANCE GRANTED
T >
Richard T. Febonio, Board Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
I
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 filmG of this decision m the office of the City Clerk:
Pnr;::nit to P.0 General Lams, Chanter 833, Section 11. the Variance
rma r.mtltd herein shml not take effect until a CODY of the
rrI; :he certification of the City Clerk that 20 days have
ia. v�dd ,nj ro appeal has been filed, or that. if such ul`nca! h `esn
t.l;d. u„t it his been dismisseJ or denied is recorded in the Scu�h 61;ax
Registry of Deeds and indexed under the name or the owner at record or
is recorded and noted in the owner's Certificate of Title.
BOARD OF A: -•u_
TINTI, QUINN & SAVOY
222 ESSEX STREET
SALEM, MASSACHUSETTS 01070
WILLIAM J. TINTI SCOTT M. GROVER
WILLIAM F. QUINN MARK W.BARRETT
(300)743-8095,744- 741-4241
R ICHARD E. SAVOY MARC P. FREY
FAX(SOB)745-3363-3388
PETER R. MERRY PAULA J. POPEO
RICHARD W. STAFFORD MAURA J. O'GORMAN
JEFFREY A. SCHREIBER
OF COUNSEL
March 7 , 1990
Salem Board of Appeals
c/o Brenda Summerall, Clerk
1 Salem Green
Salem, Massachusetts 01970
RE: 50 Raymond Road, Salem, Massachusetts
Dear Member of the Board:
The Applicants for a variance wishes to amend their
Petition by withdrawing their request as it relates to the
construction of an additional deck. The grant of a variance for
the existing deck is still respectfully requested.
Very truly yours ,
Richard W. Stafford
Enclosures
RWS/skq
SALEM/TXTSUE
MORTGAGE INSPECTION
EASTERN MORTGAGE SURVEY
—P . O . BOX 1385 MARBLEHEAD MA 01945—
LACATIDN = SALEM m�} 5 s , NOTES:
f -
SCALE : I' =30 FT. DATE : _�_ 9 / O • This is a Mortgage Inspection survey and not an
--- ,-_ .. _ . c instrument survey,therefore this plot plan is for
REFERENCE
= • �g=-y• -- --'--��6............ mortgage inspection purposes only.
• This survey is based on survey marks of others.
....... .... . .. .. ..... .... ...... .... .... • Bushes, shrubs, fences and tree lines do not
To
necessarily indicate property lines.
..'9— n�c �__tml�t{ s!Q_ TIN_r1,4?YlN �A s w) .
d I hereby certify that I have examined the premises and that the In my professional opinion the building(s) are not
located in the special flood hazardrd zonee,, as defined
building(s) shown on this plan are located on the ground as by H.U.D.
shown and that they conformed to the zoning setbacks of the • Whenever an offset is 1'± or less, an instrument
when eon Iu�ted, survey is recommended to determine prop. lines.
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