26 1/2 VALLEY STREET - ZBA 261 VALLEY STREET R-1
Pamela Decesare
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DECISION ON THE PETITION OF PAMELA DECESARE REQUESTING ' `'
A VARIANCE FOR 26-1/2 VALLEY STREET
A hearing on this Petition was held on November 17, 1982 with the following Board
Members present: James Hacker, Chairman; Messrs. Hopper, LaBrecque and Feeherry and .
Associate Member Luzinski. Notices of the hearing were sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News in accordance
with Massachusetts. General Laws Chapterr4 - _ Ow
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The Petitioner has requested a variance for the property in question to allow
her to keep a 12' x 16' storage shed in its present location at the site. The shed
was erected without a building permit and it currently encroaches into the minimum side
and rear yard setback requirements for an R-1 zoning district.
The Board of Appeal, after consideration of the evidence presented at the public hearing
and after viewing the property makes the following findings of fact:
1. The Petitioner proposes to remove another shed at the rear
of the property if the requested variance is granted.
2. No substantial opposition was raised to Petitioner's plan by
neighbors.
On the basis of the above findings of fact, and the evidence presented at the public
hearing, the Board of Appeals concludes as follows:
1. The property in question is unique because of its peculiar configuration and
topography. In addition, the configuration of the lot imposes a hardship on the
petitioner by restricting her ability to put a shed at any other location on the property.
2. The conditions described above. especially affect the. land in question but do not
-generally affect the zoning district in which the land is located,
3. The conditions described above which affect the. land in question, but not the
zoning district generally cause special financial hardship to the Petitioner:
4. The desired variance may be granted without substantial detriment to the public good.
Therefore, the Board of Zoning Appeal noted in favor (4-0),.with Mr. LeBrecque voting
present, of approving the grant of the requested relief. The Board grants a variance to
the Petitioner on the following terms and conditions:
1. Petitioner's 12' x 16' shed may remain at its current location at the site.
2. Petitioner shall by May 15, 1983 remove a smaller shed which is approximately 6' x 8'
and which is on the rear property line.
'thony M. Fe'eh rry, cretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLE
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
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK,
PURSANT TO MASS. GENERAL -^YIS, CHAPTER 808, SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERT-
FICATION OF THE CITY CLERK IH.AT 20 DAYS HAVE ELAPSED .AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, 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
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