1 SMITH AVENUE - ZBA 1 'Mith Ave. R-2
Patrick J. Farrell
i
v
of tSIPm, � 2I58Mt lT$E#f8 f?F %r.l l.D
°3 $ �attrb of '4prA
J APR £ti iU 5
DECISION ON THE PETITION OF PATRICK J . FARRELL FOR VARIANCE CITY CLc=ii,` p-FICE
AT 1 SMITH AVENUE (R-2) SALEM, MASS,
i
A hearing on this petition was held April 15, 1987 with the following Board Members 'y
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout.
Notice of the hearing was sent to abutters and others and notices of the hearing I
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a Variance to allow existing
two family dwelling. Property .is located in an R-2 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 involve
substantial hardship, financial or otherwise, to the 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 careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1 . The two family has existing for many years, including two baths
and two kitchens, one per unit;
2. There was no opposition;
3. Neighbors and abutters in favor of allowing continued use.
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 provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner; 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.
i
DECISION ON THE PETITION OF PATRICK FARRELL FOR A
VARIANCE AT 1 SMITH AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . Three on site parking spaces be maintained;
2. Property comply with all regulations relative to the installation
of automatic smoke detectors.
VARIANCE GRANTED
es B. Hacker, Chairman
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 MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
• OE THIS DECISION IN THE OFFICE OF THE CITY CLERK.
RFRSP.NT TO %". SS. GENEP14L LAWS, CHAPTER SOS. SECTION 11. THE VA:I AtiGE OR SPECIAL PEPT- Y '
r;_.
uBANTED HEREIN. SHALL NOT 1AKE EFF DCT UNTIL A COPY OF THE OECIPI EA 6EA21 THE CE—P,T-
EF=TION OF THE CITY CLERK THAT 20 D.41'S HAVE ELAPSED AND NO APPEAL HAS EE`_;c _D.
:B.THAT. IF Sl' H AN APPEAL HAS BEEN FlLE. THAT IAN'UhIR INDEXED S SEEN OUNDE3 iY.E NA!iE OF THE G'7lNER
ECGP.DED IN THE SOUTH ESSEX RECISTRI OF DEEDS
!`RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
f-�o-517
`-�-��-----
I -
-/� - 97
_.
,\ _ �,
. � ��
�# t 4
h f
... 4 _ '..