81 FORT AVENUE - MAGUIRE, GEORGE - ZBA 81 Fort Avenue R-1
George Maguire (owner) ----- - - —
Fritz 1, Doris Swenbeck (pet)
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DECISION ON THE PETITION OF 81 FORT AVENUE REALTY TRUST FOR VARIANCES
AT 81 FORT AVENUE (R-1)
A hearing on this petition was held October 18, 1989 with the following
Board Members present: James Fleming, Chairman; Richard Bencal, Vice
Chairman; Manbers Edward Luzinski and Richard Febonio. 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, is seeking a variance for the transfer of a small lot
at 81 Fort Avenue (R-1) .
The variance 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 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 findings of fact:
1. No opposition was present.
2. The transfer of this small lot will in no way change the use of the
land in question.
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the subject
property and not the district generally;
.2. Literal endorcement of the provision sof the Zoning Ordinance would
not involve substantial hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment
to the public good or without nullifying and substantially derogating
from the intent of the district or the purpose of the Ordinance.
'1
DICISION ON THE PETITION OF FORT AVENUE REALTY TRUST FOR A VARIANCE
AT 81 FORT AVENUE (R-1)
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0 to grant
the relief requested, subject to the following conditions:
1. The lot is to be divided as per the plan submitted.
VARIANCE GRANTED
T
Richard T. Febonio, Board Member
A COPY OF THIS D=a.1 FAS BEEN FILED WITH THE PLAMONG PIOARD MID THE CITY CLERK
t.p^e:a iron th i; decision. it cry, shail be made pursuant to Section 17 of
.e fotass. General Laws. Chapter 808, and shall be tiled viil:W : ?0 days
,r.r the date of filing of this decision in the otflco of the City ;ark.
nt to P.Iass. General Laws, Chao'er 308• Section }1. L.e
Varianc
`C ial Permit grained tier ern eh,ll not take effect Lentil a copy of tl:e
J•ecson, bearinY the ccrofic-ton of the Cray Clerk that 20 days have
2ieosed and no appeal has been filed. or that, if such appeal has been
i!led, ;hot it has been dismissed or denied is recorded in the South Essex
f�sistry of Deeds and indexed under the name or the owner of record or.
is recorded and noted on the owners Certificate of Title.
BOARD OF APPFAW
:
MEMOR/AL DQ. �N
IV OTE S A PPRO VA L UNDER THE 5'
/) LOT 1IG A 15 TO BE A SEPARATE BUILDING LOT SUBDIVISION CONTROL LAW LOJ
HAVING AN AREA OF 141 832 5,F. NOT PEAU/RED . j
r�eT "'i /foxar A yE
2•) LOT 116 6 /5 NOT TO BE CONS/DERED AS A SEPARATE SM ALEPLANNING BOARD we `may s
BUILT
BUILDABLE LO , BUT /S To BE GOnr/B/NED W17-H
LOT //7 BELONGING TO SWENBECK To FOZAIP7 ONE
CONTIGUOUS LOT. (AREA = 10,986 .6,F- +) co E �uN�PEQ
SM ITH COBE
3•) THE PROPOSED EA5EN7ENT SHOWN ON TIY15 PLAN Pool o PLAN OF L ,4 ND
E 15 SUBJECT TO RIGHTS AND A6REEMEIV7 TO BE
NEGOTIATED WITH THE CITY OF SALEM, SEE LOCUS MAP (i�QBoo' ) I N
DOCUMENT.4710/V LATER DATED.
H 4.) THE PRD POSED EA5EN7ENT AHA L L ALSO BE FOR .S L E / Y /
i 714E BENEFIT OF LOTS #116 , 0116 //7, I/8
AND 0119 ONL Y. PRDPE2TY OF
. 5) ZONING : RESIDENTIAL (R- 1 DATE
F20NTA6E : /00' EIUHTY - ONE FORT AVENUE fZEALTY TlZUST
AREA ; /5,000 S.F.
f ! SETBACKS FRONT - 15 " SCALE : ! " 20 JULY 29, /969
SIDE - /0' '
REAR - 30 0 20 40 GO
G•) ,eEFE/zENCE THIS PLAN WA eoN7PILED FROM
A PLAN BY -FRANK MORSE , G/TY ENGINEER , DATED ('SCALE /N FEET)
I946 AND FILED /N THE OFFICE OF THE CITY EN6'R.,
I ' ' SALEM , IY7A65. BAY STATE .SURVEYING SERVICE INC,
23¢ CABOT ST. , BEVERLY � N7A55.
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V FoR QEG/STi2Y USE ONLY
FORT � PUBLIG � VA,eIABE � AVENUE '
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I CERT/FY THAT THIS PLAN WAS
PREPARED /^/ A CCORDA NeE W171-1
7-A4E RULES AND REOLIL.ATIONS OF
I THE. REGISTERS OF DEEDS,
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