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32 FOREST AVENUE - RHATIGAN, DIANE - ZBA 32 Forest Ave. (R-2) --- Diane Rhatigan (Owner) � — -James McDonnell (Pet) i low f' tai#g of "itttem, tts�ttclju�e##� ' S Pourb of �ppvd DECISION ON THE PETITION OF JAMES VCDONNELL FOR VARIANCES FOR 32 FOREST AVE. , SALEM A hearing on this petition was held March 19, 198j wih the following Board Members present: James Hacker, Chairman; Messrs. , Benca1A?Ch rna§.,04LPAAgfii, and Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening NewXIIF' #accordance with Massachusetts General Laws Chapter 40A. , i CITY C.;_.. ,r.. :..,!.EH.HASS. Petitioner requests a variance to allow him to divide lot into two lots, and variances from lot size, setbacks and density requirements to construct a two family dwelling on one lot and to allow an existing two family on the second lot. The premises is owned by Diane Rhatigan, and is in an 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 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 hearing the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . The current use of this lot, containing a two family dwelling, is,. an adequate use and financially viable in this R-2 district; 2. Petitioner has not demonstrated any hardship within the meaning of the Ordinance which would justify the Board granting the relief requested. On the basis of the above findings of fact, and on the evidence presented at the ,rearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect this property but do not generally affect other lands, buildings and structures in the same district; 2. Literal enforcement of the Zoning Ordinance would involve no substantial hardship to petitioner; and 3. Desirable relief cannot be granted without substantial detriment to the public good or without substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF JAMES MCDONNELL FOR VARIANCES FOR 32 FOREST AVE. , SALEM page two Therefore the Zoning Board of Appeal voted unanimously, 5-0, against granting the relief requested. The petition is denied. VARIANCES DENIED Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK SECTION 17 OF THE Ic ANY. SHALL BE MADE PURSUANT TO AFTER THE DATE OF FILING BOB. AND SH?.LL BE FILED WITHIN 20 GAYS ,Ji.�_ PER:!1T APPEAL FROM THIS DECISION, Tr- C`Y CLERK. - GENERAL LAI`'S CHAPTER OFFICE CF r.ERT- CF THIS DECISIGN. IN THE EP. 8^S. SEC";Ipil Li. TNE VARIANCE Or S�-T.H_ Ig, CHA. CC GF THE^zCl$15•�• B� FILED. iLASS. GENERAL LA: D';TIL A ' �.,.•_, AFi EAL HF.S BEE:; PURSANT TD rT TAt:E EFFECT - EL' -= cr- CR OuCEI IS DAY$ lt:\<c r:.,: DIS',i.,,�0 GRANTEp HEREIN, SHALL N: .ITh > THE PALE OF THE - FIC:A7iON OF THE GI1' CL PK THAT 70 D-Luc A^�:� '.ti",F.;:ED IF SUCH Ali APPEAL HAS 6`_`-N RLE. T}'-. TITLE. OR THAT, c . „�H ESSEX RE61S?nY CF RECL'RUED IN THE S:: NOTED ON THE OW1:ERS CERTIFICATE Or OF RECORD OR IS RECORDED AND BOARD OF APPEAL 0CCA l_ sE 'T Abu I HEREBY CERTIFY THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE a V XE17 ,I rC OF REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. STEPHEN T. LaMOMIICA S.I.T. APPROVAL UNDER SUBDIVISION LOCUS MAP CONTROL LAW NOT REQUIRED SALEM PLANNING BOARD Margaret Alice M . Auger Roger J. & Theresa L. Bertrand G. & Rachel M. DeFrancesco Dionne Cote REFERENCE 50. 00 ' 50. 0©' CHAIRMAN DATE; John L. & Elise Edward F a Assessors Map 33 Parcel 13 Dumais LOT 194 LOT 192 Alicia M . Carter Bk 7681 Pg 83 Area = 4900 SF Area = 4900 SF PLAN REFERENCE : Bk 1438 / End r T1I IT , g IIII llJ RECORD OWNER : Michael J. & Diane m ,4 0 Rhatigan PROPOSED 2 STORY 9 2 STORY DWELLING °' DWELLING 2 FAMILY N0. 34 2 FAMILY qx N0. 30 -10, 16* _ ,-1 NO. 28 15' L �1 +_ 50.00 ' 50.00' II FND € TO CANAL ST. FND Spk I.F i FOREST AVENUE SUBDIVISION PLAN OF LAND For Registry Use Only LOCATED IN ZONE R-2 SALEM , MASS. LOT AREA 15,000 SF PREPARED BY LOT WIDTH 100 FT ` EASTERN LAND SURVEY ASSOCIATES, INC. FRONT YARD 15 FT CHRISTOPHER R. MELLO PL.S. SIDE YARD 10 FT 40 LOWELL STREET PEABODY, MASS. REAR YARD 30 FT SCALE: -1 20 ' DEC. 16 , 1985 I PREPARED FOR JAMES Mc DONNELL 0 10 20 40 60 80 F 616 8