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7 ROSLYN STREET - ZBA F ( 7 Roslyn St. R-3 Manuel & Olivia Machado k � r k Ctg of aIrm, anadjusetts � s ourb of (1"rul '61 DECISION ON THE PETITION OF MANUEL & OLIVIA MACHADO FOR VARIANCE FOR 7 ROSLYN STREET (R-3) 0111 CLERK.SALEN•NASS. A hearing on this petition was held on May 13, 1987 with the following Board Members present; James Hacker, Chairman; Messers. Fleming, Luzinski, Strout and Labrecque. 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 the provisions of Massachusetts General Laws, Chapter 40A. The petitioner is requesting a Variance ,fron rear and side setbacks to allow existing deck in this R-3 zone. The Variance which has been requested may be granted upon a find 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 or 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. No opposition. 2. This condition has existed for several years and in no way harms and detractsfrom the neighborhood. On the basis of the above findings of facts, and on the evidence presented, the Board of Appeal concludes as follows: 1. Special conditions exist which affect the subject property but do not affect the district generally; 2. Literal enforcement of the provisions 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 substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF NikNUEL, & OLIVIA MACHADO POR VARIANCE FOR 7 ROSLYN STREET (R-3) PAGE 2 Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the petitioner the requested Variance, subject to the follaaing condition: 1. As per plans shown. VARIANCE GRANTED James B. Hacker Chairman, Board of Appeal A COPY OF THIS DECISION HAS BEEN FIT WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DPCISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GENERAL LA'""S, CHAPTER 26S, AND SF.:'U Er .LED 'VOTNI.'i 20 DAYS AFTER THE DATE OF FILING OF iBIS :.��!S':iii I!: THE bF iLc ilTi LL`t i'; BE—'i5:D I.: 5.:: E_S..'. .:GE uF THE OWNER: OF RECORD OR IS REi.' DEG AND NuiED CN THE•OY.i{ER S LERIINCATE OF TITLE BOARD OF APPEAL EASTERN LAND SURVEY ASSOCIATES INC. F 5296 40 LOWELL STREET LAND SURVEYS PEAB©DY,MA.0196 0 LAND COURT BOUNDARY - 531-8121 sueoIVISION PLOT PLAN Of. LAND TOPOGRAPHIC LOCATED IN MORTGAGE SALEM MASS. CIVIL ENGINEERING PERMIT PLANS Or POO L C _ ZONING EVALUATION DRAINAGE — SANITARY SOD 9 DESIGN f�f' —ZZ±' NfF I4ANLIN U f hf 9AZWELDt2 _ 3 STo2/ DWELLING- - ho 1 ZrJN/NG VDLJIT/aN Io,. - - -.- - 66' i ROSLYN STREET I hereby certify that I have examined the premises and all casements, encroachments and buildings are located on the ground as shown. I further certify that the buildings shown #da not conform '-to the dimensional. E zoning laws of SALEN MAIO when constructed. -I: further certify that the property /5 Na/ s"j°'OF opted in the establishs Grp rd SCALE /"' 36 ' area. or CHRISTOPHER N� DATE JUNE 8 19�9 ker cqf/'/�$S N .N . 3 REFERENCE BK 6a PG - 06 C&fstopher K. M' 17