21 FAIRMOUNT STREET - PERLEY, RICHARD - ZBA 21 Fairmount Street R-2
John & Sarah Hayes (Pet)
Richard Perley (Owner)
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Pnzirb of c�Fpeal '84 APR -3
CITY ri.r
DECISION ON THE PETITION OF JOHN & SARAH HAYES (PETFf30NEP,S1_ "
ESTATE OF RICHARD H. PERLEY (0aER) FOR VARIANCES FOR
21 FAIRMOUNT STREET, SALEM
A hearing on this petition was held on March 21 , 1984 with the following Board
Members present: James Hacker, Chairman; Messrs., Charnas, Hopper, Luzinski and
Strout. Notice of the hearing was sent to abutters and others and potices of
the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioners request Variances from lot size, density and seback requirements in
order that they may combine lots 1 & 2 into one lot, as shown on a plan submitted
to this Board. Property is located in an R-2 district.
The Variance which has been requested may be grantedupona finding df 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 in-
volve substantial hardship, financial or otherwise, to the petition; and
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 hearing the evidence presented at the bearing and
after viewing the plans, makes the following findings of fact:
1 . No opposition was presented to petitioner's plan;
2. Lot #2 is presently unbuildable due to it's unique size and shape;
3. If petitioner's request is denied the property would be extremely
difficult to market.
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 affect this lot but do not affect the
district generally;
2. Literal enforcement of the Ordinance would work a substantial -hardship
upon petitioner; and
t
DECISION ON PETITION OF JOHN & SARAH HAYES FOR
VARIANCES FOR 21 FAIRMOUNT ST.
. page two
3. The variances requested can be granted without substantial detriment
to the public good, and without substantially derogating from the
intent and purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously to grant petitioners the
requested variances. to allow the consolidation of lots 1 & '2 more fully described
in a plan submitted to the Board.
VARIANCES GRANTED
S2 CS
Scott E. Charnas, Acting Secretary
A .COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
. APPEAL FP.O7.9 THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SEPI 17 OF THE MA3&
GENERAL LAYS, CHAPTER 203. AND SHALL BE FILED WTHIU n DAYS AFTEP. THE DATE OF F;Ll=
OF THIS 'MS!CN IN THE OFFICE OF THE CITY CLERIC. _
Pc^Y")IT TO .`.:ASS. GENERAL LA::S, CHAPTER RN. SECTION 11. THE BAR!ANC: 02 S?=:1!- PERMIT
,,-?kif%J'!!_ !fJ. SHALL IICT Ti;E EF ECT UNTIL A COPY OF THE 7EaS:':- BEA.'t;i:9 THE CEi l- -
FiLA,;(IN OF TH' CITY CLEFv, THAT YO DAYS HAVE ELA2S:D A':D NO A2PEnL HAS H:F-t -,!EO,
.
UR 1HAT, IF SUCH AL APPEAL P.:.S DE"; FILE. THAT IT HAS OR 5°:Z1E3 IS
RECGRJED IN THE SOUTH ESSEX RzCiSTRY CF OCEOS ACID IND=CEO L=Z THE :ALZ. OF TRE iS::iEC
OF RECORD OR IS RECORDED AND BDTED ON THE DOWER'S CUMFICATF OF TITLE
BOARQ OF APPEAL
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For Registry of Deeds Use Only
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3 I certify that this plan was prepared in conformity
o with the rules and regulations of the Registry
of Deeds.
(ser) n/f
Masse
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J Tfxi wood barn
N fog/n9 cone Approval under the Subdivision Control Law
0 0 T ndo"pn u N LOT 1 not required .
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YR ' O'"�Z 5 .80 S91LE(3ET7-- '`` `3'- S o•- o o•• g
Public ,
40 wide )
STREET Plan of Land
in
SALEM , MASS.
for
w JOHN L. & SARAH M. HAYES
w
C000.0
Scale I " = 20' December 14•, 1983
NOTE Lots I and 2 are to be combined ; , T 8, M Engineering Associates Inc.
22 Willow Ave. Salem , Mass.
to form o7)e lot having on area of 7208 s.f.
0 10 20 40 80
369