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VALLEY STREET WAY - ZBA Valley St. Way (Rear) R-1 Paul & Nancy Gallo ate : �i e 04nyt flit of tticm ussa usPffs " h 5:2 surb of eril >" rT11 rr 3� N DECISION ON THE PETITION OF PAUL & NANCY GALLO FOR !? A VARIANCE AT VALLEY STREET WAY=.REAR,'_SALEM n N c� in r+r O A hearing on this petition was held on April 17, 1985 with the following Board Members present: James Hacker, Chairman; Messrs. ; Charnas, Gauthier, Luzinski 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. Petitioners, owners of the property, are requesting a Variance from all applicable density requirements in order to construct a single family dwelling on this under sized lot in this R-1 district. i 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 or 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 plans of the property, makes the following findings of fact: 1 . No opposition; 2. A petition was submitted signed by many of the neighbors and all the abutters in favor; 3. Lot size is approximately the same size as other lots in the neighborhood. 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 and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district; '• DECISION ON THE PETITION OF PAUL & NANCY GALLO FOR f. A VARIANCE FOR VALLEY STREET WAY (REAR) , SALEM page two 2. 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. 3. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to .the petitioner. Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 to grant the petitioner the relief requested under the following terms and conditions: 1 . Building be a single family dwelling; 2. Petitioner will maintain and install all utilities on the private way; 3. In no way is the City of Salem responsible for maintaining said private way at any time; 4. A Certificate of Occupancy be obtained; 5. Building to done according to plans submitted to the Board; 6. Plans to be provided to the Fire Prevention Bureau; 7. Petitioner obtain correct address and submit to the Fire Marshal. VARIANCE GRANTED ames B. Hacker, Chairm4n' A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK - I t°arl APPEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PUESUANT TO SECTION 17 OF THE MASS. S CENERAL LAWS, CHAPTER 808, AND SHALL BE FILED W'T41N 20 DAYS AFTER THE DATE OF FILI'.i= DC7 a OF THIS DECISION IN THE OFFICE OF THE Dlre CLERK. NCETl 6'J P°f:'iT TO f.t U"S CB:EFAL LAi:S. CHAPTER 508, S.."!'-II 11, THE VARIA OR SPECIAL FEP'''IT 3 A RAN;E� HEP,EI d, SHALL NCT 7AdE EFFECT UNTIL A C^PY OF THE DECISION, BEN"' THE CERT- ! ' iICAT!div OF THE Clit CLER.( iHAi 2D CATS HP.N'E FLAP, D 1:'i9 NS A=PEA_ HAS PEE"J FILED. 3Vi TBA; li H'S BEE!: DIS 1;SSED CR CE';IE- IS ncD 'O M OR IHAT, IF so,-I k.": APPEAL HAS UFE ; F"E - RECO^.DED IN THE S.1!liH -SSE, RP.IST.RY BF OEEUS .5f9 L`;OEY ED Ui:CEF. IHE hA.'E OF T4 E�C'AN:,, :.on � OF RECORD OR IS RECORDED AND NOTEU ON THE Oii iJER"S CERTIFICATE OF TITLE. m O BOARD OF APPEAL r PETITION FOR VARIANCE AT VALLEY STREFT WAY, (REAR) SALEM, MASSACFUSFTT,S , 41 We, the undersigned , have reviewed : , o 1 . the Application of Paul and Nanev A . Gallo, owners ) of Vallev Street (wav) „ Salem, Massachusetts , for a Proposed variance to vary dimensional requirements; and 2. the plan to be submitted at the scheduled hearing by the Salem Board of Appeals on the Application; and we support the grant of tbi.s variance by the Citv of Salem Board of Appeals . NAME (SIGNAT RE) NAME (PRINT) ADDRESS G��ilu°o.a '7.r1�1� ec /,.r?Y�2CINS,G .(,lcCiE,U /6t_12!*r y T // ol�/rl/��A7�er� J �.f�'�•"mil_.-��� /O/f/�/ �/n�C/� �/ I��LL Ev U 56UA k4 /�q?Ze.cA� f e6W ...� 1'�cC�/ate.•.-t- �l r9�' P San�TFRRE /d v n.,,4e-w�'c.�.�"—' P40 SF-