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24 HILLUDE AVENUE - ZBA � _ ����? �� �� �C 1 �� J i ���\ _` t' ` ) J d �,� �] Tits of _`5ttlem, CTttssttdjusetts j "�q �ottra of �upeal .JAL DECISION ON THE PETITION OF JOHN BETTENCOURT REQUESTING A ,yARIANCE.. FOR THE PROPERTY LOCATED AT 24 HILLSIDE AVENUE (R-1 ) A hearing on this petition was held June 19, 1996 with the following Board Members present: Gary Barrett, Chairman; Nina Cohen, Joseph Ywu, Albert Hill and Richard Dionne. 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 requests a Variance to subdivide a lot and Variance from parking for the property located at 24 Hillside Avenue. 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 or 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, makes the following findings of facts: 1. Petitioner owns the subject property, and proposes to subdivide the existing 26,249 sq. ft. lot into two lots. 2. If the subdivision were to be allowed, Lot 1 would consist of 17,370 sq. ft. and frontage on Hillside Avenue of 15 feet; Lot 2 would consist of 8,830 sq. ft. , having frontage of approximately 75 feet, with the existing house sitting on Hillside Avenue with no setback. 3. Petitioner represented that an elderly aunt lives in the existing house, and that he would live in the proposed house to be built on Lot 1. 4. The nearest five lots on the same side of Hillside Avenue to the subject property have the following lot sizes: 20 Hillside, 19,851;- 22 Hillside- 17,874; 26 Hillside, 16,350; 28 Hillside 14,760 and 30 Hillside-16, 387 and all have similar rectangular lot shapes. 5. The proposed subdivision would create two odd-shaped lots. 6. Hillside Avenue is a winding street, and well - trafficked. 7. Neighbors attended the meeting to learn about the proposed petition, and were neither opposed to nor in support of the petition. 8. There were no representations made concerning topographical or soil conditions which were unique to the property. DECISION THE PETITION JOHN BETTENCOURT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 24 HILLSIDE AVENUE (R-1 ) page two On the basic of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. No special conditions exist which especially affect the subject property as opposed to the district in general . 2. Literal enforcement of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. Desirable relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Board of Appeal voted 5-0 in opposition to the motion to grant the Variance, having failed to garner the required votes to pass, the motion is defeated and the petition is denied. Variance Denied June 19, 1996 Gary Barrett, Chairman Board of Appeal 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 Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A,Section 11, the Variance of Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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 JUNE 19 , 1996 PATRICIA JULIEN 26 HILLSIDE AVE . SALEM , MA GARY BARRET , CHAIRMAN CITY OF SALEM BOARD OF APPEALS DEAR SIR , DUE TO A PRIOR COMMITMENT I AM UNABLE TO ATTEND TONIGHTS MEETING . HOWEVER , I WOULD LIKE TO VOICE MY OPINION REGARDING THE PETITION SUBMITTED BY JOHN BETTENCOURT REQUESTING A VARIANCE TO SUBDIVIDE THE 24 HILLSIDE AVENUE LOT . I OWN THE ABUTTING PROPERTY AT 26 HILLSIDE AVENUE . �. IIAM ADAMANTLY OPPOSED TO A HOUSE BEING BUILT IN THE BACK OF 24 HILLSIDE AVENUE . MY REASONS FOR BEING OPPOSED TO GRANTING A VARIANCE AT THE ABOVE LOT ARE AS FOLLOWS : A) A HOUSE IN THE REAR OF 24 HILLSIDE AVE WOULD CAUSE ME TO LOSE THE PRIVACY I HAVE BECOME ACCUSTOMED TO . THE MAIN REASON I PUR- CHASED MY HOME WAS FOR THE PR,LVACY THAT WAS OFFERED TO ME BY THE SURROUNDING WILDERNESS . ' IF THIS LOT WERE SUBDIVIDED I WOULD LOSE BOTH THE WILDERNESS AND THE PRIVACY THAT ARE NOW PRESENT . B ) THERE ARE SEVERAL SPECIES OF ANIMALS THAT LIVE IN THE AREA IN QUESTION . MANY.,FAMILIES OF WILD RABBITS AND SUCH ARE NOW ENDAN- GERED TO LOSE THIER HOMES . NOT TO MENTION THE FACT THAT-THE WILD- LIFE NOW PRESENT AT THE LOT HAS BROUGHT BOTH ME AND MY GRANDCHILDREN MUCH PLEASURE THROUGHOUT THE YEARS . I AM NOT WILLING TO GIVE UP A WAY OF LIVING THAT ISENJOY SO THAT I CAN VIEW A HOUSE IN MY BACKYARD . C ) THE GROUND AT THE LOT IS. .ALL LEDGE , IN ORDER TO BUILD A HOUSE ON THAT SPOT THE BUILDERS WOULD HAVE TO USE EXPOLOSIVES IN ORDER TO BUILD A FOUNDATION . I FEAR ACTS SUCH AS THIS WILL CAUSE DAMAGE TO BOTH MY HOUSE AND FOUNDATION . D ) MY PROPERTY VALUE WILL GO DOWN . THE LANDSCAPE WILL BE RUINED AND THE PRIVACY WILL NOT BE OFFERED ."T � WHERE I LIVED BEFORE,'EACH WINDOW OFFERED A VIEW 'OFFY.ET ANOTHER HOUSE . I SAVED FOR YEARS IN ORDER TO FULFILL MY DREAM OF HAVING A HOME WHERE I COULD ENJOY THE WILDLIFE AND NOT WORRY ABOUT HAVING NEIGHBORS THAT COULD SEE IN MY WINDOWS AND VICE VERSA . MY DREAM HAS BECOME A REALITY . BUT NOW , MY DREAM IS THREATENED . PLEASE ACCEPT THIS LETTER AS MY VOICE , AND KNOW THAT I AM FIRMLY OPPOSED TO A VARIANCE BEING GRANTED FOR THE LOT AT 24 HILLSIDE AVE . SINCERELY , PATRICIA JULIEN