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DECISION ON THE PETITION OF JOHN J. BILODEAU40, -1 i
VARIANCE FOR 9 & 11 SOUTH STREET, SALEM'
A hearing on this petition was held on June 20, 1984- with the following. Board
Members present: James Hacker, Chairman; Messrs. , Gauthier, Luzinski, Strout .
and Associate Member Bencal. 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.
Petitioner is requesting a Variance from density and setbacks in order to change
the common boundary line between the two lots sothata driveway may be opened
up to. allow motor vehicles to have access from the street to the area behind
number 11 South St. This- property is located in an R-1 district.
The Variance which has been requested may be granted. upon a finding of the
Board that: ,
a. special conditions and circumstances existing 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 hearing the evidence presented at .the hearing and
after viewing plans of the property, makes the following findings of fact:
1 . The buildings have existing for many years;
2. There is no off street parking for either dwelling;
3. There was no neighborhood opposition to petitioner's plan;
4. . Petition has neighborhood support.
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 affect this lot but do not affect the
district generally;
2. Due to ledge, the driveway can only be located in area shown on plans;
3. This will be beneficial to neighborhood as it will provide parking
for both dwellings; . '
DECISION ON THE PETITION OF JOHN J. BILODEAU FOR
VARIANCE FOR 9 & 11 SOUTH STREET, SALEM
page two
4. Literal enforcement of the Ordinance would work a substantial hardship
upon petitioner; and
5.. The Variance requested can be granted without substantial detriment
to the public good, and without substantially derogating from the intent
and purpose of the Ordinance.
Therefore, .the Zoning Board of Appeal voted unanimously to grant the petitioner
the requested Variance as requested.
VARIANCE GRANTED
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
as
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APPEAL FROM THIS DECISION, IF ANY, SHALL.BE MADE PURSUANT TO SECTION17OF THE MASS.
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GENERAL LAOIS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING -OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSid.'T TO iAASS. GENERAL LAWS. CHAPTER 805, SECTION il. THE VARIANCE OR SPECIAL PERMIT
GRANIED HE."EIN, SHALL NDT TACE EFFECT UNTIL A COPY OF THEDECISION. BEARING THE CERT-
- - FICATIJN OF THE CITY CLERY. THAT 20 DAYS HAVE ELA'r SED ANO NO APPEAL HAS BLEN FILED. -
- OR THAT, IF SC::H AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN D!S%IISSED OR DENIED IS
- RECGRD ED IN THE SOUIH-ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OV1,61
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. -
BOARD OF APPEAL -
A-P-P-R-O-V-A-L
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APPLICATION FOR VARIANCE TO ALLOW CHANGE OF COMMON
BOUNDARY LINE BETWEEN NO . 9 AND NO . 11 , SOUTH STREET , SALEM , MASS .
We , the undersigned neighbors of John J. Bilodeau , owner of No . 9
and No . 11 , South Street , Salem, Massachusetts wish to express our approval
of his application to the Board of Appeals for a variance to allow change
of the common boundary line between the two lots so that a driveway may be
opened up to allow motor vehicles to have access from the street to the
area behind the house at No . 11 , South Street . This will reduce street
parking and will make it easier for the City of Salem in snow removal
operations . We believe this will be an improvement for the neighborhood .
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