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32 Irving St.
Maria Costa
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Panni of CAu{rettl
DECISION ON THE PETITION OF MARIA A. COSTA FOR A VARIANCE
AT 32 IRVING ST. (R-2)
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Edward Luzinski ,
Richard Febonio and Mary Jane Stirgwolt. 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 rear setback
requirement to allow construction of a deck in this R-2 district.
The Variance which has 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 in the same 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 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, and
after viewing the plans, makes the following findings of fact:
1 . That there was opposition by the abutters.
2. That there was no one present to speak in favor.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, :the:Board o€:Appeal-concludes :m—follows:
1 . Special conditions do not exist which especially affect the subject property
but not the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would not
involve substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the
public good or without nullifying and substantially derogating from the
intent of the district or the purpose of the Ordinance.
,
DECISION ON THE PETITION OF MARIA COSTA FOR A VARIANCE AT
32 IRVING ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 0-5; against the
granting of the requested variance. The motion to grant having failed to garner
the required four affirmative votes needed to pass, the Variance is denied.
DENIED
October 17, 1990
ch�Febonio, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this deClsl0lt,if 8119.Sfiell 5e Made pursuant to Section 17 01
the Mass. General Laws.Chapter BOB, and shall be filed v4thin 20 days
at take eifrct un rry
after the date of filing of this decisionina oiti•eof �',I hector ``1Y variance
Pursuant to Mass. General Laws,
o., ,. ^•••mrt grante; herein shc:{I •: l a ceof the
ej
decivun. `- "'�- 'ije certification of the City Lif such .�,n'a'iul'�asr no�en
elapsed cnd ',o tp"e'I has been tried, or that,
dismissed or denied is recorded u: the South Essex
filed, that it Inas Gcan indene under the name or the owner of record or
Registry of Deeds and'sm"
owner's Certificate of TRIO.
Is recorded and noted on the
BOARD OF APPEAL:
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