71 BAY VIEW AVENUE - DENNIS, JEAN E - ZBA 71 Bayview Ave. R-1
Jean E. Dennis
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of Salem, ��Ettssacljusetts
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CITY OF S rC>, MASS
CLER\'S Gt;"ICg
DECISION ON THE PETITION OF JEAN E. DENNIS FOR A
VARIANCE AT 71 BAYVIEW AVENUE (R-1)
A hearing on this petition was held November 2, 1994 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen
O'Grady, Nina Cohen and Albert Hill. 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.
Petitioner, owner of the property, is requesting a Variance from front
setbacks to allow construction of a bay tower at 71 Bayview Avenue. This
property is located in a Residential Single Family dwelling. (R-1)
The Variances which have been requested may be granted upon a finding by
this Board that:
1. 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. Desirable relief may 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.
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:
1. There was no opposition to the proposed request.
2. The new construction will encroach on the existing front setback
by 2 feet and 2 1/811.
3. The proposed construction would be in keeping with the character of the
surrounding neighborhood.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal concludes as follows:
1. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioners.
2. The requested relief can be granted without substanial detriment to the
q
DECISION OF THE PETITION OF JEAN E. DENNIS FOR
A VARIANCE AT 71 BAYVIEW AVENUE, SALEM
page two
Nov 1
public good and without nullifying or substantial �erogat'1444 the
intent of the district or the purpose of the OrdiateE` SALry ALAS
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, t0org�ant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, ordinances,
codes, and regulations.
2. All construction shall be done as per the plalns and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire saftey shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Variances Granted
November 2, 1994
Gary M. Barrett
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South
Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
NOTE.' ASSESSORS ' MAP 44 LOT 91
�.) THIS PLAN IS NOT TO BE USED FOR -TITLE INSURANCE ZONING.' R Z RESiDEAt(lAL- ave
PURPOSES NOR FOR RECONSTRUCTION OF PROPERTY LINES. : GaM1�Y
z) oFfsErs To cawEaAs c� swG. REFERENCES.'
DEED BOOK 12�8�, PAGE Z48
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