17 VARNEY STREET - ZBA 174
17 Varney St. R-2
Robt. & Teddie Hartwell
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DECISION ON THE PETITION OF ROBERT I. AND TEDDIE L. HARTWELL
FOR A VARIANCE FOR 17 VARNEY STREET
APR 29 9 uo AM '83
A hearing on this petition was held April 20, 1983 with the foljowing Board
Members present: James Hacker, Chairman; Scott Charms, Ac QL r Secretary; Messrs. _
Piemonte, Hopper, LaBrecque, Associate Members Luzinski ana a��L � the
hearing was sent to abutters and others and a notice of the Uarring was pub) hed in
the Salem Evening News in accordance with Massachusetts General. Laws Chapter 40A.
The petitioners have requested a variance for the property in question to allow a
stairway to be built to within four (4) feet of the side boundary.
The Board of Appeal, after consideration of the evidence presented at the public
hearing and after viewing plans of the property makes the following findings of fact:
1. No opposition was raised to the petitioners plan by neighbors;
2. The proposed stairway cannot be built on the back of the dwelling
because of the topography of the land.
On the basis of the above findings of fact and the evidence presented at the public
hearing, the Board of Appeal concludes as follows:
1. The property in question is unique because of its topography;
2. The condition described above especially affects the property in
question but does not generally affect the zoning district in which
it is located;
3. The condition described above creates a substantial hardship to petitioners;
4. The desired variance may be granted without substantial detriment to the
public good.
Therefore, the Board of Zoning Appeals voted unanimously in favor of granting the
variance requested_by-petitoners. The Board grants a variance to the petitioners on
the following terms and conditions:
1. Petitioners may build'a stairway within four (4) feet of the side line at
17 Varney Street;
2. Petitioners must obtain a Certificate of Compliance from the Fire Marshall.
.APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTIONA7 Or IH6 It,ASS.
,GENERAL LAMS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER,TlAtAhQi:FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. Scott E. Charms, Acting Secretary
tPUP.SANT TO MASS. GENERAL LAGS, CHAPTER 803. SECTION 11. THE VARIANCE OR SPECIAL PE"L11T
.GRANTED HEREIN, SHALL NJT TA",E EFFECT UNTIL A COPY Of THP DEC! !0N B�'A{,�I,,"�,c'y T'
f1CATiON WkT: &%' Q]'R;� $2VV,��. 9FE D'W.F9+TIDF� IfAS-��C'PI'"M), I'ANNZNG BOARD AND THE CITY CLERK.
OR THAT, IF SUCH At! APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS-MISSED OR DEBIED IS
RECORDED 17 THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAYiE OF THE GSYBER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
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