56 VALLEY STREET - ZBA 56 Valley St. T _ R-1
Paul & Shirley Gallo
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DECISION ON THE PETITION OF PAUL & SHIRLEY GALLO FOR VAR.I"4�C
AT 56 VALLEY ST. (R-1 ) "� "'
A hearing on this petition was held May 30, 1990 with the following Board
Members present: Richard A. Bencal , Chairman; Edward Luzinski , Vice Chairman;
Mary Jane Stirgwolt, Acting Secretary and Richard Febonio. 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 varince from frontage to
allow construction of a single family dwelling in this R-1 zone.
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;
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 proposed lot would be approximately the same size as adjacent lots.
2. No support or opposition was voiced to the plan.
- 3. The grant of this variance would be in harmony with the master plan of
the city to promote the building of single family housing stock.
4. The lot, as it presently exists, creates a hardship as it has become difficult
to maintain properly.
5. Other than lot frontage width, the petitioner would meet all other
zoning requirements.
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 in general .
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DECISION ON THE PETITION OF PAUL & SHIRLEY GALLO FOR A VARIANCE
AT 56 VALLEY ST. , SALEM
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioners.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted unanimously 4-0, to grant the
variance requested, subject to the following conditions:
1 . All construction be done as per plans and dimensions submitted.
2. Petitioner obtain a legal building permit.
3. Petition comply with all requirements of the Salem Fire Dept.
4. Petitioner obtain a Certificate of Occupancy.
5. Proper numbering for the new dwelling be obtained from the City of
Salem Assessors Office.
VARIANCE GRANTED
chard A. Benca , airman
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 of this decision in the office of the City Clerk.
Purcucn: is Mass. General Laws, Chapter 808, Section 11, the variance
° or +pec!al P_rm,t granted herein shall not take effect until a copy of the
decision., tc -„r,7 the certification of the City Clerk that 20 days have
rN elapsed a n,+ no eppeal has been filed, or that, if such appeal has been
filed, that it h s been dismissed or denied is recorded in the South Essex
f'M _ Registry of Deeds and Indexed under the name or the owner of record or
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Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAU
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