66 VALLEY STREET - ZBA {
66 Valley St. R-1
—--— Robert & Jane McDonald
McDonald
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DECISION ON THE PETITION OF JANE & ROBERT MCDONALD
FOR VARIANCES AT 66 VALLEY ST. , SALEM
A hearing on this petition was held on September 19, 1984 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier,
Luzinski and Strout. 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 rear setback requirements in order to
construct an enclosed porch in this R-1 district.
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 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 purposes of the Ordinance.
The Board of Appeal, after consideration of the evidence presented at the
public hearing, makes the following findings of fact:
1 . No opposition was raised by neighbors to petitioner's plan.;
2. The proposed enclosed porch will be in harmony with 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 . Literal enforcement of the provisions of the Zoning Ordinance would
create substantial hardship to the petitioner;
2. Desired relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district of the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously by a vote of 5-0 in
favor of granting the requested Variance under the following terms and conditions:'
1 . Petitioner may build the enclosed porch to within 24 feet of the rear
property line;
2. A Building Permit must be obtained prior to any construction;
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DECISION ON THE PETITION OF JANE & ROBERT MCDONALD
FOR VARIANCE AT 66 VALLEY ST. , SALEM
page two
3. A Certificate of Compliance be obtained from the Salem Fire Department
relative to smoke detectors.
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FROM THIS DECISION, I; ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE ICES
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 "'ASS GENERA, LAWS,. UVTER 808, SECTION 11. THE VARIANCE OR SPECIAL PERMIT
(RANTED HEREIN, SHALL Nil- TA't EFFECT UNTIL A COPY OF 7HEDEC1 M, BEA7:1;; THE CERT-
FIC.ATION CF THE CITY CLERd TP.AT 2u DAYS HAVE =LAPScp AND NO APPEAL HAS BEEN' FILED,
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISfi I$SED OR GEC!ED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF ThE OVINER
OF RECORD DR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL