VALLEY STREET WAY - ZBA Valley St. Way (Rear) R-1
Paul & Nancy Gallo
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DECISION ON THE PETITION OF PAUL & NANCY GALLO FOR !?
A VARIANCE AT VALLEY STREET WAY=.REAR,'_SALEM n N
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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.
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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
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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.
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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
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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
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