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7 SEEMORE STREET - ZBA 7 Seemore St. R-1 DeIulis Brothers Construction r �6 M V \ Ctu of "Salem, �fflassndjusetts ' s �uttra of ��ettl MAY 18, 1994 YOU ARE HEREBY NOTIFIED THAT AS OF MAY 10, 1994 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF DEIULIS BROTHERS CONSTRUCTION FOR VARIANCE FROM FRONTAGE TO ALLOW CONSTRUCTION OF A SINGLE FAMILY DWELLING AT 7 SEEMORE STREET. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD 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 MGL 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 MGL Chapter 40A. , Section 11, the Variance/Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 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 Chi of inlem, Mas5arliusetts 3 s 33ottra of A fle� °4 ar tJ 3 o7 r c;TY r S DECISION ON THE PETITION OF DEIULIS BROTHERS CONSTRUCTION FOR VARIANCE AT 7 SEEMORE STREET (R-1) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, Acting Chairman; Gary Barrett, Stephen O'Grady, Associate Members Nina Cohen and Arthur 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. Petitioners, owners of the property, are requesting Variance from the required 100 feet frontage to 53. 71 feet of frontage to allow construction of a single family dwelling. Property is located in the R-1 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. The lot is an odd shaped lot having frontage on only one improved street. 2. There was one abutter concerned with the location of any structure on this lot, these concerns were met by the petitioner. 3 . There was no other opposition. if riz ill T DECISION ON THE PETITION OF DEIULIS BROTHERS CONSTRUCTIO;NcFOR A.' VARIANCE AT 7 SEEMORE STREET, 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, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. No structure shall be constructed any closer than 122 feet to the front yard lot line. Variance Granted April 27, 1994 / 1 StephFy-t� et Steph n Touchette, Vice Chairman Board of Appeal 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 copy of the decision bearing the certification of the City Clerk that 20 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 (fit" of �tt1Pm, ��HttssttCliusPtts ; g -6varb of , e 4 �ar 10 3 -�z DECISION ON THE PETITION OF DEIULIS BROTHERS CONSTRUCTION FOR VARIANCE AT 7 SEEMORE STREET (R-1 ) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, Acting Chairman; Gary Barrett, Stephen O'Grady, Associate Members Nina Cohen and Arthur 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. Petitioners, owners of the property, are requesting Variance from the required 100 feet frontage to 53.71 feet of frontage to allow construction of a single family dwelling. Property is located in the R-1 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. The lot is an odd shaped lot having frontage on only one improved street. 2. There was one abutter concerned with the location of any structure on this lot, these concerns were met by the petitioner. 3. There was no other opposition. DECISION ON THE PETITION OF DEIULIS BROTHERS CONSTRUCTIO.NcFOR A..' -- SS VARIANCE AT 7 SEEMORE STREET, 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, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. No structure shall be constructed any closer than 122 feet to the front yard lot line. Variance Granted April 27, 1994 Steph n Touchette, Vice Chairman Board of Appeal 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 copy of the decision bearing the certification of the City Clerk that 20 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 l Cta of __,�Salem, � ttssttcliusetts 3 P11 5A DECISION ON THE PETITION OF DEIULIS BROTHERS CONSTRUCTION FOR VARIANCE AT 7 SEEMORE STREET (R-1) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, Acting Chairman; Gary Barrett, Stephen O'Grady, Associate Members Nina Cohen and Arthur 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. Petitioners, owners of the property, are requesting Variance from the required 100 feet frontage to 53.71 feet of frontage to allow construction of a single family dwelling. Property is located in the R-1 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 . The lot is an odd shaped lot having frontage on only one improved street. 2. There was one abutter concerned with the location of any structure on this lot, these concerns were met by the petitioner. 3 . There was no other opposition. DECISION ON THE PETITION OF DEIULIS BROTHERS CONSTRUCTION-FGR A:_ _ VARIANCE AT 7 SEEMORE STREET, SALEM 'S' 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, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. No structure shall be constructed any closer than 122 feet to the front yard lot line. Variance Granted April 27, 1994 / eTL` l � Steph n ouchette, Vice Chairman Board of Appeal 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 copy of the decision bearing the certification of the City Clerk that 20 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 (Citu of 'E�Ujvm, � ttssttcltusetts Board of (Avzeal 4" AY 1 i� 3 7 2 C 54 DECISION ON THE PETITION OF DEIULIS BROTHERS CONSTRUCTION FOR VARIANCE AT 7 SEEMORE STREET (R-1) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, Acting Chairman; Gary Barrett, Stephen O'Grady, Associate Members Nina Cohen and Arthur 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. Petitioners, owners of the property, are requesting Variance from the required 100 feet frontage to 53. 71 feet of frontage to allow construction of a single family dwelling. Property is located in the R-1 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 . The lot is an odd shaped lot having frontage on only one improved street. 2. There was one abutter concerned with the location of any structure on this lot, these concerns were met by the petitioner. 3 . There was no other opposition. i ♦ �y U A DECISION ON THE PETITION OF DEIULIS BROTHERS CONSTRUCTIO;NCFOR`A- .; VARIANCE AT 7 SEEMORE STREET, 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, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. No structure shall be constructed any closer than 122 feet to the front yard lot line. Variance Granted April 27, 1994 Step h n Touchette, Vice Chairman Board of Appeal 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 copy of the decision bearing the certification of the City Clerk that 20 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