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DECISION OF THE PETITION OF SHIELA &ALVIN BILLINGS REQUESTING A
VARIANCE FROM THE PROPERTY LOCATED AT 8 OBER STREET R-1
A hearing on this petition was held July 21,1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko and Stephen Harris.
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.
The petitioner is requesting a Variance from rear yard setback to construct an addition
for the property located at 8 Ober Street.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of 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. The petitioners represented themselves at the hearing.
2. The petitioners are requesting a Variance/Special Permit to construct an addition.
3. The petitioners requested to withdraw the request for a Special Permit without
prejudice.
4. There was no opposition to the plans submitted.
J
DECISION OF THE PETITION OF SHIELA &ALVIN BILLINGS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 8 OBER STREET R-1
page two
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 4 in favor, to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to."-
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
Variance Granted
July 21, 1999
Richard Dionne, Member
Board of Appeal
DECISION OF THE PETITION OF THE SHIELA &ALVIN BILLINGS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 8 OBER STREET
page three
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 or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 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