155 FEDERAL STREET - BUSO & JARNIS, RAYMOND & MARTHA - ZBA 155 FEDERAL ST. R-2
Raymond Buso/Martha Jarnis
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Pnttra of Appen[
DECISION ON THE PETITION OF RAYMOND BUSO AND MARTHA JARNIS'83 JUL 29 P4 :06
FOR VARIANCES FOR 155 FEDERAL STREET
A hearing on this petition was held on July 20, 1983 with the f�1T1�?�i 5aa1��F(CE
Members present: James Hacker, Chairman; Messrs.. Hopper, Charnas �fid•igencaI
Notice of the hearing was sent to abutters and others and notices were properly
published in -the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioners request variances from side and rear setbacks and lot coverage in
order to construct a wooden deck in this R-2 district_
The Board of Appeal, after consideration of the evidence presented at the public
hearing and after viewing the plans of the property, makes the following findings
of fact:
1 . Because of a large tree shading the premises, petitioners cannot grow
successfully plant anthing in the area to be covered by the deck;
2. The value of the premises would suffer substantially if petitioners could
not build a deck on this otherwise almost useless land;
3. No opposition to petitioner's plan was raised by neighbors;
- 4. These special conditions are unique to the premises and do not
generally effect other lots in the district.
On the basis of the above findings of fact and the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1 . Petitioners' request for variances can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent and purpose of the Zoning Ordinance of the City.
2. A literal enforcement of the Zoning Ordinance would involve substantial.
financial hardship to petitioners owing to the above described special
conditions which do not effect the district generally.
Therefore, the Board of Zoning Appeal voted unanimously in favor of granting the
petitioners the variances requested. The Board granted these variances under the
following terms and conditions:
.1 . Petitioners are granted variances from minimum side and rear setback
requirements and from minimum lot coverage requirements to allow them to
APPEAL FROM THIS DECISION, IF91WSULtC �A�? �JA'I�$i�1SECr«,>9HSIJL®NTIH�1TaAS- plan filed by them with the Board.
GENERAL LASIS. CHAPTER 8:3, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DFCIS!ON IIITHEOFFICE OF THE CITY CLERK(. - -
PURSANT TO 6-*ACS. GENERAL LANS, CHAPTER 803, S=;'N 11, THE VARIANCE OR SPECIAL
CRANTED t: EiN. S!!ALL NOT TPaE EFFECT UNTIL A CCPY OF THEDECISIJiv. BFAQ;NJ THE -
FICAT!ON CF THE ;FY CLERK T4AT 20 DAYS HAVE ELAPSED AND NO A^ -^ }'tt 'rr
OR THAT, !F SUCH .•.� APPEAL HAS BEEN FILE, THAT IT HAS Dt_N DIS(, GOt7R ..EiilE3` 'naS, Acting Secretary
RECORDED IN THE SGUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAiNE OF THE OVI,-1 ER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE - -
A COPY OF THIS DECISION HAS BEEjDg;I(; k�a THE PLANNING BOARD AND THE CITY CLERK