152 BAY VIEW AVENUE - SKINNER, CARLTON - ZBA 152 Bayview Ave. R-1
Carlton Skinner
I
�
'
�
��^4 � /�� | /�� L. f4
����Y� l�L ��y�%�C�l�^ ����]��������}������!�
.' ` .
11 'Boarb of A�pit�J
~
--- QS
DECISION 00 THE PETITION OF C8GLTO0 SKINNER FOR VARIANCES
AT 152 B&IVIEW &VC0OC (D-l )
& hearing on this petition was held June 26, lggl with the following Board Members
present: Richard Dcncal, Chairman; Richard Fobnoio, Edward Luzivak1, Mary Jane
-tirQ:volt and Associate Member Ronald Plante. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in the
Salem Evening 0owo in accordance with Massachusetts General Laws Chapter 40&^
Petitioner, owner of the property, is requesting Variances from any and all �
Uuou1ty regulations to allow div1yoo of the property in this 8'1 zone.
'bo Variances which have been requested may be granted upon a finding by this �
RnarU that:
�
� a. Special conditions and circumstances exist which especially affect the laud,
building or structure involved and which are not generally affecting other
laud/ buildings or 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
gnnU 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;
l . -there was no opposition expressed.
Z. The request for relief is required in ordcr to resolve title defects affecting
the parcel.
]. The shape of the deeded parcel is substantially different from the shape of
the occupied parcel.
4. The parcel has been occupied by the existing structure/or residential use
since the turn of the century.
� 5. Granting relief will not vary the existing use and structure.
On the basis of the above findings of [art, and no the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but not
the district in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to e petitioner,
DECISION ON THE PETITION OF CARLTON SKINNER FOR VARIANCES
AT 152 BAYVIEW AVENUE, SALEM
page two
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 or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variances
requested, subject to the following conditions:
1 . Division of the property be as per the plans submitted.
2. Petitioner obtain approvals from any toher Boards and/or Commissions having
jurisdiction.
3. Petitioner and/or assigns maintain, in perpetuity, the seawall abutting
lot 32 as shown on the plans.
Variance Granted
June 26, 1991
Richard A. Bencai, Chairman
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 Sectlott 17 11
the Mass. General Laws, Chapter 808, and shall be filed within 20 day!
efier the date of filing of this decision in the office of the City Clerk,
r -rr!nnt to Mass. Ceneral 1-3ws, Chapter 808, section 11, the Variance
'> a^ia' Ver mit rmn!ed herein shall ma take effact until a copy of the
'
ion. b^.vi vin ceriff cation of the City Clark that 20 days have
Ila appeal hzs been filed, or that, if such appeal has been
_ filad, that it 1..i been d;smisse, or denied is recorded in the South Essex
- Registry of Deeds and indexed under the name or the owner of record or
.� is recorded and noted en the o.:aer's Certificate of Title.
�i
:TJ BOARD OF APPEAL,
_o
o —