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463 LORING AVENUE
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Boara of Appeal
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DECISION ONrTHE PETITT_Old-CF"RiCHA;—CD ii_OGA_N-&=DIANE MACKEY FOR
VARIANCES AT,-463 LORING AVE 5l R-ii )
A nearing on this petition was held h'av 16, 1990 with the following Board Members
present: Richard A. Bencal, Chairman; Edward Luzinski, Vice 'hairman; Joseph
Correnti, Secretary; Ricnard Febonio & Mary Jane Stirgwolt. 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 '.aws Chapter 4OA.
Petitioners, owners of the property, are requesting a Variance from rear and
side setbacks to allow construction of a deck in this R-1 zone.
The variance which has been requested may be ;ranted upon a 'incing of the Board
Chat:
a. :iecial conditions and circumstances exist which esoeciaily affect the land,
cuilding 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 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, and after viewing the plans, makes the following findings of facts:
I . ;.o opposition was voiced to the plan;
2. The proposed location for the deck is the only suitable location;
3. The deck will add to the use and enjoyment of the property for the
petitioner.
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 . Special conditions exist which especially affect the subject property
but not the district in general;
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship on the petitioner;
3. Desirable relief can 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.
r!
DECISION ON THE PETITION OF RICHARD HOGAN & DIANE MACKEY FOR
VARIANCES AT 463 LORING AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . All conditions of the Salem Fire Department relative to fire safety
be strictly adhered to.
2. All construction be done as per existing City and State Building Codes.
3. All dimensions be as per the plans submitted.
4. All material used be in harmony with materials of existing structure. .
5. Legal building permit be obtained.
VARIANCE GRANTED
o C�
RI)t
hard A. Bencal, Chairman
A C0&q OF TMS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision.If any, shall be made putsuant to Section 20 days
y 0}
o the Mass. General Laws, Chapter 808, and shall be filed within ys
f filing of this decision in the office of the City a Variance
M atter the date or ante
Purswmt to Mass. Ceneral Laws, Chapter 808, Section 11, of the
.� cr :Npnval Permit Franted herein shall not take effect until a copy
c:e-isiun, Le.rms the certification of the City Clerk that 20 days have
elapsed and no appeal has been filed, Or that, if such appeal has been
filed, that it has been dismisseG or denied is recorded in the south Essex
he na
IRgistry ofsere recorded eeeds and nd noted land the ou n ere Certif cafe me rofhTitlo owner of record or
BOARD OF APPEAL