45 SUMMIT AVENUE & 10 CLIFF STREET - ZBA 45 Summit Ave &
10 Cliff St. R-1 — - - —
Robert McKenna
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5 (situ of o Salem, gassachusetts
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DECISION ON THE PETITION OF ROBERT MCKENi1A`FOR Fk 5''IANCE'1 '
FOR 45 SUMMIT AVE. & 10 CLIFF ST. , SALEM
CITY
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A hearing on this petition was held February 15, 1934 -with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski and
Associate Member Bencal. 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 allow him to divide the properties at
45 Summit Ave. and 10 Cliff St. into separate parcesl as shown on a plan-
submitted to the Board.
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 purposes of the Ordinance_
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After hearing the evidence presented at the hearing and after viewing the -
plans, the Board of Appeal makes the following findings of fact:
1 . No opposition to petitioner's plan was presented by neighbors;
2. If petitioner is not granted the requested relief, one of the parcels
would not have a side yard and would therefore be very difficult
to market;
3. This condition is unique and does not generally affect the district_
On the basis of the abovefindings of fact and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon petitioner;
2. There are special conditions which affect the lot and which art-
unique to and do not generally affect the district; and
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3. The relief requested can be granted without substantially derogating
from the intent or purpose of the Zoning Ordinance and without
substantial detriment tothe public good.
DECISION ON THE PETITION OF ROBERT MCKENNA FOR
'i A VARIANCE FOR 45 SUMMIT AVE. & 10 CLIFF ST.
page two
Therefore, the Zoning Board of Appeal voted unanimously to grant petitioner's
requested Variance to divide the properties shown on the plan submitted to
the Board.
VARIANCE GRANTED
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED :dITH THE PLAIINING BOARD
AND THE CITY CLERK
C'� o0
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APPEAL FRO'' THIS DECISIOIN, I: ANY. SHALL BE 17..ADE PURSUANT To SECTU13 17 OF ME i ASS.
CENERAL LAWS, CHAPTER SJ3. ASD SHALL DE TILED WITHIN 2D DAYS AFTER THE DATE OF FIL136
OF THIS DECISION IN THE OFFiCE OF THE CITY CLERK. -
PJ2SANT TO i".ASS. CE.!tRAI '.A'.'1S. CHAPTER F33. SECTION 11. THE VARIANCE _R EPEVAL Pc.^;'?iT
.RAN FEED HEREIN, SHALL N-"i T.A.;E EFFECT UNTIL A COPY OF THE7EC1_-i X:. BEA@::e1, THE CERT-
fi CAT IGA OF THE CITI CLERK MAC 20 DAYS HAVE ELAPSED A%1) r:C B.PPEAL HAS 0`&`S FILED.
cR fkAT, IF SUCH Ai APPEAL HAS BEEN FILE, THAT IT HAE `EEN D;V.r_SED CR DF..10 IS
RECORDED IN THE SJJTH ESSEX REGISTRY CF DEEDS AND INDEXED U.-,'DER THE r:A':,E CF -.HE OWNED
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE
BOARD OF APPEAL
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