33 BEAVER STREET - SILVA, THOMAS & NANCY - ZBA 33 Beaver St.
Thomas & Nancy Silva R-2
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DECISION ON THE PETITION OF Thomas and Nancy Silva
FOR VARIANCES AT 33 Beaver Street (p_z)
A hearing on this petition was held on April
17, 1991,
with the following Board Members present: Chairman
ichard
Bencal, Richard Febonio, Edward Luzinski, and Joseph Correnti .
Notice of the hearing was sent to abutters and others, and
notices were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting variances from all of the requirements
listed on Table I of the Salem Zoning Ordinance;
in this R-2 zone.
The variances 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 land, buildings and
structures in the district .
2. Literal enforcement of the provisions of the zoning
ordinance would involve substantial hardship, financial or
otherwise to the petitioner .
3 . Desirable relief may be granted without substantial
detriment to the public goodand without nullifof theying or district or the
substantially derogating from
purpose of the ordinance.
The Board of Appeal, after careful consideration o
f the
evidence presented at the hearing makes the following findings
of fact: -
1. That presently there is a swimming pool located at the
sight, since 1987, . and an existing deck which petitioner
proposes to enclose with screening .
2 . That the lot is 1457 S.F. and would require variances
for front, rear and sideyard setbacks, density and frontage, as
well as minimum lot size;
DECISION ON THE PETITION OF THOMAS AND NANCY SILVA FOR
VARIANCES AT 33 BEAVER ST. , SALEM
page two
3 . That the current owners have four minor children, the
oldest of which suffers from a seizure disorder and requires
the pool for muscular therapy;
4 . That the petitioners locus allows him no privacy from
neighbors thus creating a need to enclose the deck for privacy.
5 . That there was no opposition to the petition during the
public portion of the hearing.
6 . That Alison Lake, a direct abutter, spoke strongly in
favor of the petition, and that two petitions were submitted
with twelve signatures of abutters and neighbors in support of
the petition.
7. That the unique dimensions and size of the petitioners
lot allows for no other placement of the pool or the deck.
Wherefore, the Zoning Board of Appeals voted 4-0, to allow
the variances requested subject to the following conditions:
1. That all rules and regulations of the Salem Fire
Department and the Fire Prevention Code be strictly adhered to.
2. That the dwelling be per plans and dimensions submitted.
VARIANCES GRANTED
April 17, 1991
osepp C. Correnti, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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Appeal from this decision, If any, shall be made pursuant to Section 17 o1
f L-, ¢ o the Mass. General Laws, Chapter 808,and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance
W W or --ri:e:ial Permit granted herein shall not take effect until a copy of the
—J-.J derision, hearing the certification of the City Clerk that 20 days have
rN elapsed and no appeal has been filed, or that, if such appeal has been
filed, that it has been dism:sseJ or denied is recorded in the South Essex
Q� U Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted on the owner's certificate of Title.
BOARD OF APPEAL