31 FAIRVIEW ROAD - WELCH, FRANCIS & PATRICIA - ZBA f � _
31 Fairview Rd. R-1
--- -_- - - - -- - _ _- - __-_ - Francis & Patricia Welch
(owner & petitioner)
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DECISION ON THE PETITION OF FRANCIS AND PATRICIA WELCH FOR
A VARIANCE AT 31 FAIRVIEW ROAD, SALEM (R-1 ) m o
A hearing on this petition was held March 20, 1985 with the following Board
Members present: James Hacker, Chairman; Associate Member Richard Bencal, Acting
Secretary; Messrs. , Gauthier, Luzinski and Strout. 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 has requested a Variance from front and side setbacks to allow
a deck at 31 Fairview Rd. 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 in-
volve substantial hardship, financial or otherwise, to petitioner; 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 considering the evidence presented at the hearing,
makes the following findings of fact:
1 . The structure after years of neglect and disrepair would be improved
with the deck addition;
2. The configuration of the lot makes any .other plans also in violation;
3. The deck addition would allow a second means of egress from the rear
of the structure in case of emergency;
4. Minor opposition was presented in the form of letters to the Board.
No one appeared at the hearing in opposition, and only the petitioner
spoke in favor.
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 and circumstances exist which especially affect the
land involved which are not generally affecting other lands, building or
structure in the same district;
2. Literal enforcement, of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial and otherwise, to petitioner;
DECISION ON THE PETITION OF FRANCIS & PATRICIA WELCH FOR
A VARIANCE FOR 31 FAIRVIEW RD. , SALEM
page two
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 or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 in favor of the
granting the Variance under the following terms and conditions:
1 . The structure must be to building code;
2. The structure must comply with all pertinent Fire Department codes
and regulations relative to the installation of smoke detectors.
VARIANCE GRANTED
4-=4
Richard A. Be��cting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPi:AL FROM; THIS DECISION, IF ANY, SHALL BE FADE PURSUANT TO SECTION 17 OF THE G;ASS.
GENEP.AL LAV7S. CHAPTER 878, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF 1HIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PUP-!dfT TO i,'ASS. CENERA.L LAYlS, CHAPTER 808, SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRW-,10 HEEEIN, SHALL NCi TAI:E EFFECT UNTIL A COPY OF THE DECIS I,�`i. BEAR";C THE CZFT=
FIC'.AT!ON OF THE CITY CUP,', THAT 20 DAYS HAVE ELAFOED "-0N^ APPEAL HF.S BEE,; F'EJ,
OR THAT, IF SUCH A;l APPEAL HAS BEE?: FILE. THAT IT H=.S BEEN D!C`.ISSED OR DE3HE0 IS
RECGROED IN THE SOUTH ESSEX P,ESISTRY OF DEEDS AND INDEXED UN-,ER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE
BOARD OF APPEAL
.CITY OF SALEM
BOARD OF APPEAL
745.0215
Will hold a Public Hearing for all persons in-
terested in the petition submitted by Francis .
and Patricia Welch for a Variance from
front and side setbacks to allow a deck at 31
Fairview Rd. (R-1).Said hearing to be held
Wednesday, March 20, 1985 at 7:00 P.M.,
One Salem Green,2nd floor.
w BRENDA M.SUMRALL,Clerk
March 6,'13,1695 '
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_ Will hold a Public Hearing for all persons in. —;�1
terested in the petition submitted by Francis
and Patricia Welch for a Variance from _�:_•
front and side setbacks to allow a deck at 31
Fairview Rd. (R-1). Said hearing to be held
Wednesday; March 20, 1985 at 7:00 P.M., —
One Salem Green,2nd floor.
BRENDA M. SUMRALL,Clerk
March 6, 13,1985 —1
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