1 MALONE DRIVE - BUILDING JACKET Al
r,.. , I MATONE DRIVE
CHU of Salem, 'ffltzssadjusei 21 H 04pzzd
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DEC1S10N�ON-THE.PET1T10N-�,OF PAUL E. FONTAlNE FOR A VARIANCE
AT,Z MALONE DRIVE (LOT #4) (R
t
_ .---
A hearing on this petition was held February 21 , 1990 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski and
Associate Members Dore and Labreque. 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, owner of the property, is requesting a Variance from rear setback
requirements to allow construction of a single family dwelling in this R-1 zone.
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 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
kthe 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 fact:
1 . There was no opposition to the petition presented at the hearing.
2. The lot shape is irregular, different from those in the zoning district.
3. The only use that petitioner has for the lot is for single family use.
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 Ordinance would involve a
substantial hardship to 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 PAUL E. FONTAINE FOR A VARIANCE
AT 1 MALONE DRIVE (LOT #4) , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously , 5-0, to grant the
Variance requested from rear setback requirement to allow construction of a
single family dwelling, subject to the following conditions:
1 . That the petitioner conform to all the requirements of the Salem
Fire Department relative to fire safety.
2. That the petitioner obtain proper street name and numbering from the
Assessors Office, City of Salem.
3. That all construction be done as per the State Building Code.
4. That all construction be done with a legal building permit, and as per
the plans and dimensions submitted to the Board of Appeal.
5. That the petitioner obtain a Certificate of Occupancy prior to
occupying the residence.
VARIANCE GRANTED
0/�)
James M. Fleming, Esquire
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
20 days
the Mass. eneral Laws, Chapter 808
G , n the and shall be filed within Clerk.
ice of
after the date of filing of this decision o:er 808ffSection h11,the Variance
pursuant to Mass. Genera: L_^_' 4 of the
or !pecial Permit vrante ' hm,t;, a t not take Clerk that 20 days have
decision, bearin? the certification et thor city
that, if such appeal has been
elapsed and no appeal has been filed,
has peen d`.smisseci or denied is recorded in o the South Essex
filed, that it
Registry of Deeds and indexed under the name or the owner of record W.
Is recorded and noted ort the owner's Certificate of Title.
BOARD OF APPEAL] _.