0009 SALT WALL LANE - ZBA 9 Salt Wall Lane R-1
Janet Burba
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OCT 13 3 02 IF Banra_ of _Aupenl
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DECISION ON THE PETITION OF JANET L. BURBA FOR VARIANCE AT
9 SALT WALL LANE (R-1 )
A hearing on this petition was held September 30, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Greaiish, and Stephen Touchette. 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.
etitioner, owner of the property, is requesting variance from the rear
setback requirement to allow the construction of an addition. The property
is located in a residential single family district.
The Variance which has been requested may be granted upon a finding by this
Board that:
1 . 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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 . There was no opposition to the petition.
2. There were other homes in the neighborhood of similar size and
construction.
3. Placing the addition as proposed is the most feasible location.
4. Granting of this petition would enhance the quality of life for the
petitioners.
y DECISION ON THE PETITION OF J.-.NET L. BURBA FOR
A VARIANCE AT 9 SALT WALL LANE. SALEM:
page two
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 in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the 'Zoning Board of Appeal voted unanimously, 4-0, to grant the
variance requested, subject to the following conditions:
1 . ; etitioner shall comply with, all city and state statutes , ordinances,
..odes :nd regulations .
?. construction shall he done as per the plans and dimensions
submitted and by legal building permit.
3 . Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4 . Petitioner shall obtain a Certificate of Occupancy.
i. Exterior finishes shall be in harmony with the existing structure.
VARI?.:';CE GRANTED
September 30, 1992
Richard Febonio, Vice Chairman
Board of Appeal
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DECISION ON THE PETITION OF JANET L. BURBA
FOR VARIANCE AT 9 SALT WALL LANE, SALEM
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
co of the decision bearing the certification of the Cit Clerk that 2
copy g y at 0
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed 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 Appeal
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DATE OF HEARING
PETITIONER /y p
LOCATION
MOTION: TO GRANT „ SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
0 CONTINUE SECOND
ROLL CALL PRESENT GRANT
DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL !�/
RICHARD FEBONIO
FRANCIS GREALISH
STEPHEN TOUCIETTE
ASSOCIATE MEMBERS
RO PLAN
THU LABRE\ UE
CONDITIONS: t
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of "Salem, 41ttssuchusetts
Pourb of I�1ppetil
I '
October 13, 1992
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECTSION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY
CLERK TO GRANT THE PETITION OF JANET L. BURBA FOR A VARIANCE
TO ALL CONSTRUCTION OF AN ADDITION AT 9 SALT WALL LANE.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
f any,shall be made pursuant to Section 17 01
Appeal from this decision, i
Chapter 808,and shall be filed within CO key$
the %pass. General Laws, the Variance
att.e the date of filing of this decision in the offSectionh11C1ty
copy
General Laws, Chapter 808, of the
~.�, the eerdtificatere ioo of e effect un
Ithe C tyhal not �Clerk that 20 days have
.,o :,FFeal has been filed,or that,if such appeal has been
.r'�,'ih�[�, ;.;; h:en dismissed or denied is recorded in the South Ess"
Regi-to,of Oaeds and indexed wn gyre certificaterthe ot TWO-
is
itles owner of record of
is recorded and noted sa the 0 BOARD OF APPEAL