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DECISIO'.i 0s T PETITION OF STEVEN PINTO (PETITIONER "'
MIVY PINTO (O ;i;ER) for VARIANCES FOR 8 FREE;AN ROAD
A hearing on this petition was held November 19, 1986 with the following Board
Members present: James B. Hacker, Chairman; Messrs. , Bencal, Fleming, Strout and
Associate tiember Dore. 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 Xassachusetts General Laws Chapter 40A.
Petitioner is requesting a Variance from density and setbacks to allow property to
be divided into two lots, lot A & B, and to constiuctpa singlerfamilyldwelling
on
ocated
lot B and to allow existing 1z storJ d:,e-_'ro o..
in an R-1 district. - -
?heVariance which has been requested may be granted upon ;Efinding 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; 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 careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
No _' tion and many F alghbors spo,:e
2. The lot size would be the same as most lots in the neighborhood;
3. Hardsnip is related to the location of the ledge.
On the basis of the above findings of fact, and on the evidence presented, the
-card of Appeal concludes as fello.:S:
i . Special conditions exist which especially affect the subject property
but the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
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 of the purpose of the Ordinance.
DECISION: ON THE PETITION OF STEVEN PINTO ( PETITIONER) ,
MARY FINTO (OWNER) FOR VARIANCES FOR 8 FREEMAN ROAD, SALEM
-page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following terms and conditions:
1 . Plans for- the proposed construction shall be presented to the
Fire Prevention Bureau for approval prior to the issuance of a
building permit;.
2. Correct street number shall be obtained from the City Assessor;
3. Construction shall conform to all applicable Building Codes,
Salem Fire Prevention Code, City Ordinances and MGL relative to
fire safety;
4. Topography of the lot not. be changed except for the foundation
of the house; - -
5. Existing garage is to be removed;
6. A building permit and a Certificate of Occupancy must be obtained.
VARIANCES GRANTED
Peter Strout, Member Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPE,L FRO!' VAIs DEC!SIJ'!, I. A,,,. SH[_L 6E ?,ADE PUP,SUA.",T T� ^`I2q
CENER;.; l4'ilS. Ce 'i? £C;:. r'.. Sr_..' -_ _ c E'.. 17 OF THE OF Tris DEC!S: !! IC '_ °- 'wD WITX:N 20 DAY$ AE7ER TRE GATE
F;E 0::?:E CIN' CLERK.
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"1:06Rtu A..J II:I_J Of, THE ONN'ER'S CERTIFICATE OF TIi LE.
BOARD OF APPEAL
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We the undersigned, support the petition of Steven Pinto
to divide the land at 8 Freeman Road, in order to build a single
family house .
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