104 FEDERAL STREET - CLEARY & HART, BARBARA & DAVID - ZBA 104 Federal St. R-2
Barbara Cleary &
David Hart
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DECISION ON THE PETITION OF BARBARA CLEARY AND DAVID HART FOR
A VARIANCE AT 104 FEDERAL ST. (R-2)
A hearing on this petition was held June 14, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski
and Nutting. 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 petitioners, owners of the property, are requesting variances from side and
rear setbacks to allow construction of a shed in this R-2 district.
The Variances which have 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 involve and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of 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 stubstantially derogating from the
intent of the 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 presented to the petitioners plan.
2. To place a shed anywhere on the property would require relief
from the Board of Appeal.
3. The shape of the lot makes this the most feasible location for
for the shed.
On the basis of the above findings of fact, and on the evidence presented, 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 provisions of the Ordinance would work a
substantial hardship on the petitioners;
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.
DECISION ON THE PETITION OF BARBARA CLEARY AND DAVID HART FOR
VARIANCES AT 104 FEDERAL ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . All construction be done as per City and State Building codes and with
a legal building permit.
2. Dimensions be as per the plans submitted.
3. Petitioners obtain a Certificate of Appropriateness from the Historic
Commission, a copy to be provided to the Board of Appeal for the file.
4. Exterior finishes of the proposed shed be in harmony with the existing
building at 104 Federal Street.
VARIANCES GRANTED
ohn R. Nuttfngi
ary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fran this decision, if any, shall be made pursuant to Section 17 of the Mass.
General Laws, Chapter 806, and shall be filed within 20 days after the date of filing
of this decision in office of the City Cleric.
Pursuant Mass. General Laos, Chapter 809, Section 11, the Variance of Special Permit
granted herein shall not take effect until a copy of the decision, bearing the certi-
fication of the City Cleric that 20 days have elapsed and no appeal has been filed,
or that, if such an appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
over of record or is recorded and noted on the aaner's Certificate of Title.
Ecard of Appeal
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