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DECISION ON THE PETITION OF MICHAEL J. & DIANE RHATIGAN
FOR A VARIANCE AT 30-32 FOREST AVENUE (R-2)
A hearing on this petition was held on July 20, 1988 with the following
Board Members present: James Fleming, Chairman; Richard A. Bencal,
vice Chairman; John Nutting, Secretary, Peter Strout and Edward Luzinski.
Notice of the meeting was sent to abutters and others and notices were
properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is seeking a variance frau lot area
and width to allow construction of a one family dwelling in this
R-2 district.
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 careful consideration of the evidence presented
and after viewing the plans makes the following finding of fact:
1. The neighborhood approval vas voiced.
2. The new structure would be in keeping with the surrounding area.
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. The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
fron or nullifying the intent or purpose of the Ordinance;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. Special conditions and circumstances exist which especially affect
the subject property but do not affect the district generally
DECISION ON THE PETITION OF MICHAEL J. & DIANE PHATIGAN
FOR A VARIANCE AT 30-32 FOREST AVENUE, SALEM
PAGE TWO
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant
the Variance requested, subject to the following conditions:
1. A Building Permit be obtained.
2. All requirements of the Salem Fire Department be adhered to;
3. That the house to be constructed be owner occupied and that
the 2 family remain a 2 family as long as it is owned by the
Ratigans if conveyed, it must remain in owner occupied cituation.
4. A Certificate of Occupancy be obtained.
5. Proper numbering for all buildings be obtained from the City
Assessors office.
UNANIMOUSLY GRANTED
Peter Strout, Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM. THIS DECISION. I:^ ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MA96.
GENERAL LAWS. CHAPIER SC;S. V;L SH:.LL BE FILED 'VJITRIN 20 DAYS AFTER THE DATE OF FILING
OF THIS L'CiSI^:ii IN THE C:.-:..E OF ToE C17,' CLERK.
PUHS:'J TO ':6SS. GENERA— 15::5. CH.+°-EP BJS. SECTI)N 11. THE VARIANCE OR S?EC!AL PERA7IT
GRA!:TED HC:-+Eiji. SHALL N5 '. KE EFFECT ON IL A COPY CF TH[�`�:S�C. THE icdT-
FILnI.1N : i.:= ::ICI .,i.ER, ^:' ^SYS H,;E RAi'r6 ..:;�) .. LAL H,-, E RtED.
S '.L Ri F L. E OF TITLE,
BOARD OF AFPEA!
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I HEREBY CERTIFY THIS PLAN CONFORMS
e� TO THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS OF THE COMMONWEALTH
OF MASSACHUSETTS.
STEPHEN T. La MONICA S.I.T.
largaret Alice M. Auger Roger J. & Theresa L. Bertrand G. & Rachel M.
)eFranceico Dionne _ Cote
50.00 ' 50. 00'
in L & Elise
Dumai: LOT 192 Edward F. &
LOT 194 Alicia M . Carter
Area = 4900 SF Area = 4900 SF
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PROPOSED LEN
9
ao
2 STORY a'
DWELLING N0. : FAMILY
1� 10' 16' N0. 28
15' L LSI
50.00' 50.00' llt,
TO CANAL ST. FIND
LP
FOREST AVENUE
ZONE R-2
LOT AREA 15,000 SF
LOT WIDTH 100 FT Ei
FRONT YARD 15 FT