50 RAYMOND ROAD - BUILDING INSPECTION 50 RAYMOND ROAD �� {
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Pnttra of Appeal
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DECISION ON THE PETITION-OF LAURENCE RUSSELL & ELIZABETH DAVIS FOR A
VARIANCE AT-50 RAYMOND ROAD'—(R--1,)
A hearing on this petition was held on March 7, 1990 with the following Board
Members present: James Fleming, Chairman, Richard Bencal, Vice Chairman,
Messrs. Richard Febonio, Edward Luzinski and Peter Dore. 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 to allow an existing deck.
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
the district or the purpose of the Ordinance.
The Board of Appeal, after consideration of the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact:
1. No opposition was present.
2. Those present spoke in favor of.
3. The structure would enhance the property and quality of life for the said
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 generally;
2. Literal enforcement of the Ordinance would work a substantial hardship on
the petitioner;
3. The relief requested 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.
.,X
DECISION ON THE PETITION OF LAURENCE RUSSELL S ELIZABETH DAVIS FOR A
VARIANCE AT 50 RAYMOND ROAD (R-1)
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
relief requested, subject to the following conditions:
1. Petitioner must comply with all requirements of the Salem Fire Department.
2. Petitioner must obtain legal building permit.
3. Present deck must not exceed the dimensions submitted.
VARIANCE GRANTED
77
Richard T. Febonio, Board Member
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 Mass. General Laws, Chapter 808, and shall be filed within 20 days
atter the date of filing of this decision in the office of the City Clerk.
Pair:uznt to mnz,s. General Laws, Chapter 833, Sc=tion 11, the Variance
r-mit CrarY.ed herein shall not tzlte etfnat unto a copy of the
�'eu-.ie ':e.ri;i•; the certification of the City Clerk that ^U days have
nnoi co appeal has been filed, or that, if such al^ea! h:•.c taen
iJ=d, but it hes been dismissed or denied is recorded in Iha Scots Eraex
Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted in the owner's Certificate of Title.
BOARD OF