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75 WEBB STREET - ZBA �75 Webb Street R-2 Helen Doherty �J. r 5' ti fitg , assar4ueetts an i Pnttrb of �Lyperx[ e r r 4. .i. '83 OCT 12 P1 =17 DECISION ON THE PETITION OF HELEN DOHERTY FORA CIT" C' r : ;FlCE VARIANCE FOR 75 WEBB STREET $^i + i A hearing on this petition was held on September 28, 1983 with the following Board Members present: Janes Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski - - and Piemonte. Notice of said 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 to allow her to keep an already existing deck which otherwise violates the side setback requirements of the Zoning Ordinance in this R-2 district. The Board of Appeal, .after consideration of the evidence presented at the public hearing and after viewing plans and photographs of the existing deck, makes the following findings of fact: 1 . The..deck extends right up to the neighbor's side boundary; 2. The deck seriously compromises the aforementioned neighbor's privacy; 3. Vigorous opposition was raised by neighbors to petitioners plan. On the basis of the above findings of fact, and on the evidence presented at. the public hearing, the Board of Appeal concludes as follows - 1 . The .deck substantially derogates from the .intent and purpose of Zoning Ordinance; 2. The deck is a substantial .detriment to the public good Therefore,the Zoning Board of Appeal, by a vote of three (3) to two`(2) , voted to deny petitioner's request for a Variance. Scott E. Charnas, Acting Secretary AP)EAL f:^,CLQ TH;iiFi. 1; Ai:Y. SHALL 6E i_'FDE PURSUANT TO SECTION 17 OF THE ?:iASi - - - CENERA' A::J SIiALL EC F'L'.] iiMi!N 2G DAYS AFTER THE DATE CF FWNG .1 11. THE •:73IT DI ,dJE i'Y RLCIS X. l:• 6_lLJ n..J LWCn-D 6..0_.. rn..:n CF TrE OV.NE' - OF RE�u\D U U h_C'ROED AND NOTED ON Ti1E DWNER'S CERTIFICATE W TITLE. - BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK D s i • JAMES M. SHANNON, M.D., INC. SII MEDICAL OFFICE BUILDING 79 HIGHLAND AVENUE SALEM, MASSACHUSETTS 01970 July 21 , 1983 To whom it may concern : Re : Mr. James Doherty I have cared for this patient for many years and he has had several serious opera- tions related to advanced circulatory dis- turbances. Following surgery for a circu- latory disturbance to the brain, he suffered a mild stroke which has left him with some weakness of the left arm and leg, in addi- tion, he has had__,a major arterial procedure for blocked arteries in both legs. More recently he has developed evi- dence of arthritis in the left hip. All of these serious medical conditions make it imperative that he do as little climb- ing or walking up stairs as possible and anything that allows him to avoid climb- ing stairs or walking up hills, either in the house or outside , is very important to his health. A "�z 40��' aures M. Shannon , M.D. JMS/em JAMES M. SHANNON, M.D., INC. MEDICAL OFFICE BUILDING 79 HIGHLAND AVENUE SALEM. MASSACHUSETTS 01970 October 4 , 1982 To whom it may concern :, Mr. James Doherty has had major circulatory surgery and has difficul- ty in climbing up and down stairs., and I have advised him to avoid stairs when- ever possible. aures _, nnon , M.D. JMS/em j \ a y � y `r �1 1 a . � � Cq u r \�QrI 2 ' i vU l