14 SCOTIA STREET - ZBA 14 Scotia St. R-1 _
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Richard & Kathleen Plante
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CITY CLERK. SALEK.. V, ,SS.
DECISION ON THE PETITION OF RICHARD & KATHLEEN PLANTE FOR
VARIANCES AT 14 SCOTIA STREET (R-1 )
A hearing on this petition was held June 17, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Associate
Member 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 petitioners, representing themselves, are requesting Variances from side and
rear yard setbacks to allow construction of a garage, breezeway and deck at 14
Scotia St. The locus of the property is located in an R-1 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which Cspecially 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 careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . No opposition to the plan was presented at the hearing, and
Councillor Leonard O'Leary spoke in favor of granting the
requested relief;
2. The proposed plan would alleviate on-street parking in vicinity
of 14 Scotia Street;
3. The plan is the only way in which the petitioners can construct
the garage, breezeway and deck.
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 involve substantial
hardship to the petitioners; and
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 RICHARD & KATHLEEN PLANTE FOR
I
A VARIANCE FOR 14 SCOTIA ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . The petitioners must obtain a building permit from the
Building Inspector, City of Salem;
2. All requirements of the Salem Fire Department relative to fire
+ safety must be adhered to;
3. All construction must conform to the requirements of the Massachusetts
Building Code;
4. The exterior of the garage, breezeway and deck must be in harmony
with the exterior of the existing dwelling;
5• The construction of the garage, breezeway and deck must be in
accordance with the plans submitted to the Board of Appeal.
VARIANCES GRANTED
- >dames- M: Fleming, -ESq.
`Vice Chairman, Board of R�peai = u
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE C1T1 CLERK
c __IS! != , SHILL BE t!..�E PORS'J ANT TO SECTION 17 OF THE MA. S.
APPEAL FROM Th:. 6 rf, S
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PROPOSED ADDITION
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RICHARD L. PLANTE
SCALE Y2'= 11. 0 .,
APAIL 3 1967
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