12 SCOTIA STREET - ZBA 12 Scotia St. R-1
^ r _ John B. Conway
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Pourb of Appeal
'84 MAY -P P2 :41
DECISION ON THE PETITION OF JOHN B. CONROY FOR MY f_`
VARIANCES FOR 12 SCOTIA ST. (R-1 ) , SALEM
A hearing on this petition was held on April 25, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Hopper, Strout, Associate
Members Bencal 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 Massachusetts General Laws Chapter 40A.
The petitioner is requesting variances from all density and setbacks in order to
construct a 24' x 241 garage in this R-1 district.
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 in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 public
hearing, makes the following findings of fact:
1 . No opposition or support was raised to petitioners plan by neighbors;
2. The proposed garage can only be built in this area of the lot;
3. A hardship does exist with regard to the lot size and configuration;
4. The rights of abutters with regard to light and air rights would not
be infringed due to the height of the property in the rear of the lot.
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 . The property in question is unique to the area;
2. The condition described above creates a hardship to petitioner;
3. The desired variances may be granted without substantial detriment
to the public good.
i DECISION ON PETITION OF JOHN B. CONROY FOR
VARIANCES FOR 12 SCOTIA ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously in favor of granting the
variance requested by petitioner. The Board grants the variance under the followin
terms and conditions:
1 . Petitioner may build a 24' x 24' garage for the storage
of vehicles as per the plans submitted;
2. The garage must not be used for living purposes.
Richard A. Bencal, AActing6Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPU,L FRO.,M THIS DECISION, IF ANY. SHALL BE !..AOE PURSUANT TO SECPON 17 CF THE MASS-
CEF:E'nL LA:1S. CHAPTER 5O3. AND SHALL BE PILE; ClITHIN 20 DAYS AFTE T`!E CATS OF FILIaCi
GF Ti::C J_LS;ON IN THE CFrICE OF THE CITY CLERK.
PJ .w f/dCS. GE!:ERA!. L':'.,,. _TIO'J 11, THE :'APIF!:CE OR S?°CI:=.L PE'::6
CH=tLL 8OT TF.�E EFFECT :';T•'_ A COPY OF THE
Fi F TRH Cl:"( CI.ER:: T?AC -'; DAfs HA'2E SLAP3°D .::0 I:i! AP,IAL ws
(:R W.T. fF _,.;H '..PI APPEAL H-a EZ;. ..LE. T:� IT W7 -3EEN DC..,._vi _R IS
REC RD3' INVr :TKE SGUiH ESSEX REtJ",RY OF L_EDS 'ND INDEXED G'v'CE? ::I- ;.A'E OF 13E CrciiE?OF REOUD OR IS R:COnDEC AND NOTED ON THE 0.74ER'S CEP.TIRCATE OF TITLE, n
BOARD OF APPEAL -
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WAMN
Iv JOHN CONROY HERB'6��' � dliT I ON�FOR A VAR I ENCE TO CONSTRUCT A
fz��E1V�0
GARAGE ON MY PROPERJOYC 1.,-0§'dO� STREET, SALEM, - MA. 01970.
WE, THE UNDERSIGNED, AS ABUTTERS OF THE PROPERTY OWNED BY JOHN
CONROY AT 12 SCOTIA STREET, SALEM, MA. 01970, HAVE NO OBJECTION
TO HIS HAVING A GARAGE CONSTRUCTED ON HIS PROPERTY.
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