7 BERUBE ROAD - HAMWAY, ROSEMARY - ZBA 7 Berube Road
Rosemany Hamway
fgitu of -`�ttletri; 4&95ttcliusetts
DECISION ON THE PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PERMIT AT 7
BERUBE ROAD (R-1)
A hearing on this petition was held July 21, 1993 with the following Board
Members present: Francis Grealish Jr. , Chairman; George Ahmed, Stephen
O'Grady, Stephen Touchette and Edward Luzinski. 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 Special Permit to extend
nonconforming rear setback to allow construction of a 12'x14' deck in this
Residential Single Family District.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
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 petitioners request.
2. The granting of the special permit would allow petitioner a fuller use
of the property.
3. It would not be feasible to locate the deck in any other portion of the
property.
PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PERMIT AT
7 BERUBE ROAD, SALEM
page two
Guc Z 2 ss ri `,3
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Special Permit Granted
July 21, 1993
Stephen O'Grady, Member
Board of appeal
GuG Z Pill 193
DECISION ON THE PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PE
AT 7 BERUBE ROAD, SALEM C'Tf O >s'-Ft, ='.4SS
page three CLER.R'S 0i=;"ICE
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
MGL Chapter LOA. , and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk. Pursuant to MGL
Chapter SOA. , Section 11, the 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
( itu of ttlem; ttsstttliusetts
-Snttra of
UGz 39
C 'S
DECISION ON THE PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PERMIT AT 7
BERUBE ROAD (R-1)
A hearing on this petition was held July 21, 1993 with the following Board
Members present: Francis Grealish Jr. , Chairman; George Ahmed, Stephen
O'Grady, Stephen Touchette and Edward Luzinski. 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 Special Permit to extend
nonconforming rear setback to allow construction of a 12'x14' deck in this
Residential Single Family District.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
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 petitioners request.
2. The granting of the special permit would allow petitioner a fuller use
of the property.
3. It would not be feasible to locate the deck in any other portion of the
property.
PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PERMIT AT
7 BERUBE ROAD, SALEM
page two
Auc 2 2 39 i 'Sj
C'
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Special Permit Granted
July 21, 1993
Stephen O'Grady, Member
Board of appeal
DECISION ON THE PETITION OF ROSEMARY HAMWAY FOR A SPEC'IAL�PE�IP P�j 193
AT 7 BERUBE ROAD SALEM I .7 0t R
_Fr;. "ASS
page three CL`RK'S 0r; lE
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
MGL 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 MGL
Chapter 40A. , Section 11, the 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
of �5ttlem ,RRzmarllusetts
� cara o
3f At ttl
C � �uG Z z 5 PI1 'J7
DECISION ON THE PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PERMIT AT 7
BERUBE ROAD (R-1)
A hearing on this petition was held July 21, 1993 with the following Board
Members present: Francis Grealish Jr. , Chairman; George Ahmed, Stephen
O'Grady, Stephen Touchette and Edward Luzinski. 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 Special Permit to extend
nonconforming rear setback to allow construction of a 121x14' deck in this
Residential Single Family District.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
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 petitioners request.
2. The granting of the special permit would allow petitioner a fuller use
of the property.
3. It would not be feasible to locate the deck in any other portion of the
property.
i
PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PERMIT AT
7 BERUBE ROAD, SALEM
page two
Guc 2 2
-- 'rt r,. `SS
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Special Permit Granted
July 21, 1993
Stephen O'Grady, Member
Board of appeal
AUG
DECISION ON THE PETITION OF ROSEMARY HAMWAY FOR A SPEC`IAL�PEAMIIr ��1 X53
AT i BERUBE ROAD, SALEM CIT „ GF
page three -'' .ESS
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
MGL 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 MGL
Chapter 40A. , Section 11, the 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
�t
plittn of �$u1em- �f3"t Searllusetts
s board of rAU
uG 2 39
-..
DECISION ON THE PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PERMIT AT 7
BERUBE ROAD (R-1)
A hearing on this petition was held July 21, 1993 with the following Board
Members present: Francis Grealish Jr. , Chairman; George Ahmed, Stephen
O'Grady, Stephen Touchette and Edward Luzinski. 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 Special Permit to extend
nonconforming rear setback to allow construction of a 12'x14' deck in this
Residential Single Family District.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
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 petitioners request.
2. The granting of the special permit would allow petitioner a fuller use
of the property.
3. It would not be feasible to locate the deck in any other portion of the
property.
PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PERMIT AT
7 BERUBE ROAD, SALEM
page two
AM 2 239
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Special Permit Granted
July 21, 1993
Stephen O'Grady, Member
Board of appeal
y
AUG 2 PrP Pi1 '93
DECISION ON THE PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PE
AT 7 BERUBE ROAD, SALEM Tr OF _
page three CtcRK' /'. 'V4SS
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
MGL 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 MGL
Chapter 40A. , Section 11, the 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
owi4b
(situ ofttlem, ttssttclluge##s
�Boara of �A"eal
s.2um�.aT'
a�
August y�, 1993
YOU ARE HEREBY NOTIFIED THAT AS OF THIS DATE THE DECISION OF THE
BOARD-OF APPEAL HAS BEEN FILED IN THE OFFICE-OF,THE CITY CLERK TO
GRANT THE PETITION OF ROSEMARY HAMWAY FOR A SPECIAL PERMIT TO ALLOW
CONSTRUCTION OF A DECK AT 7 BERUBE ROAD.
A
BOARD OF APPEAL
BRENDA M. SUMRALL
CLERK OF THE BOARD
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 MGL 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 MGL Chapter 40A. , Section 11, the Variance/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 owners Certificate of title.
Board of Appeal
DATE OF Y.EARIidG
PETITIONER
OCATION ctttJ
10TION: TO GRANT SECOND
TO DENY SECOND
10 RE—HEAR SECOND
LEAVE TO WITHDRAW SECOND
70 CONTINUE SECOND
ROLL CALL PRESENT GRANT/ DENY WITHDRAW RE—HEAR CONTINUE
STEPHEN O'GRADY v
GEORGE A. AHMED
FRANCIS GREALISH
EDWARD LUZINSKI
STEPHEN TCUCHETTE
vv ASSOCIATE :dEMBERS
Rr �
CONDITIONS: (� ]p
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APPEAL CASE NO. . . . . . . .. .. .. ..
1Lr,i1G DEPT.
01itu oftti�m, tts��zfriz��tts
��. �3=r� of A"rzrl
! i I sz ilii °93
TO THE BOARD,,W A LS:
"he under i tTd �eprt�''1t*'tt6it, :.,e s are 'he owners of a certain earcel of land locat
,t ^10. . .-� � ?.r). . . . . .i; ?.P.a.b (.� . . . . . . . . . . . . . . . . .Street; Ccnina District. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ana said parcel is affected by Sectionisj .. . . . . . . . . . . . .
or the Massacnusetts State Building Code.
Plans describing the work proposed. have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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7
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
�Oe ,c ct ( {Y ° r { {ate �euf SeT6ucC�- /�ee/�
xi
Owner . . . .. . . . . . . . .
Address.
�.� 4 .
Telephone. . . .-/".-. . . . . . . . . . . . . . . .
Petitioner- . . . . . . . . . . . . . . . . . . . . . . . .
n Address. . .
Date.
�� Telephone. .
!� ??rn�tttn. 1 y
By. . .. .. . . . . .. . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. .. . . . . . ... . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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APPEAL CASE NO. . . . . . . . . . . .. .. .. . . . . . ..
y
NO
(Ilrtu of ttiPm >�atsPffs
311_BIr�G t�Ee'g. . � � � C tts
�Saarb of A"Pal
ui 14 1152 c111 '93
TO THE BOARD q( FOEPP EEALS: ;
TheUnder in d, �egr'es�e'ttik i`at he is are the owners of a certain parcel of land located
at X^10. . . . . . . . . . . . . . .) ?rR. ..? . . . .R.C?Cc.. . . . . . . . . . . . . . . . . .Street; 7onina District. . . . . .
• • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
1'rez/TPPe-0-
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
ferm t �i �eGc rSeT6wc-�- Dem/�
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11
Owner Aeon
U .. . .. . . . .�. .A. . . .
Address. , . .{�!
Telephone. . . . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. .Cg
Address. . .S��?.lnj . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone. . .Yf �3 . . . . . . . . .. . . . . . . . . . . .
UU
By. e;rvl44ce- . ./e' . . .. . . . . .. . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . .. . . . . . . .. .. . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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APPEAL CASE NO. . . . . .. .. . . . . .. .. . . . . . ..
E U I LD f H G DEPT. (git13 of �521igm, c�ttssar4useffs
'sem JUN i Ll 1152 AM '93 �aar>3 rxf c�}t}teai
TO THE BOARD OFPP-PTA :
CITY OF SALE' ,MASS.
The Unde�ignea represent that he is are the owners of a certain parcel of land located
at NO. . . . .P�t?�t1 . . . . nwG?jr-0�.a.�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zonina District. . . . . .
and said oarcei is affected by Section(s ) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
n �
rj
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C�rn
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)
VC,a
(Y, 4,a
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
T(Vr,e_1_i /Wo�
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: 1
'S! P-� �C � PPM f Far lea ! def �jccc��� Ye ���
Ick �-2—
Owner.�. . .�/� . . . . . . . . . . .
Address. .
Telephone. . .7 Q . . .. . . . . . . . . . . .
Petitioner . . . . . . . . . .. . . . . . . . . . . . . . . .
Address. . . .. . . . . . . . . . . . . . . . . . . . . . . .
Date. . . . . . .. . . . . . . . . . . . . .
pone.
(� Telephone .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . .. . . . ... . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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CERTIFIED ABUFTERS LIST4
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