6 COTTAGE STREET - PELLETIER, RONALD & BARBARA - ZBA 6 Cottage St. R-1
Ronald & Barbara Pelletier !
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CITY CLERK.SALEn.Mf,SS.
DECISION ON THE PETITION OF RONALD & BARBARA PELLETIER FOR A
VARIANCE AT 6 COTTAGE STREET (R-1 )
A hearing on this petition was held April 20, 1988 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming and Associate
Member Labrecque. 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.
Petitioners, owners of the property, are requesting a Variance from rear setback
requirements to allow construction of a deck around a pool. Property is located
in an R-1 district.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. 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;
b. literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to petitioner;
c. desirable relief may 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.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition;
2. There is no other area in the yard what the pool could be located or
moved and allowing the deck to that the petitioner can maintain the
pool will allow them the quiet enjoyment of their land.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which affect the subject property but not
the district generally;
2. Literal enforcement of the Ordinance would involve a substantial
hardship on the petitioners;
3. The Variance requested can be granted without nullifying or substantially
derogating from the intent of the district or the purpose of the
Ordinance and without substantial detriment to the public good.
' DECISION ON THE PETITION OF RONALD Y EAREARA PELLETIEf FOR; A
VARIANCE AT 6 COTTAGE STREET, SAL0
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Variance requested on condition the petitioners obtain a Certificate of
Compliance from the Salem Fire Department.
GRANTED
/06—X0
l
15fames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL TRC... TH'u i, SHALL BE 14DE P'JREMNT TO SCCT&N 17 CF THE
GENERA! LAW LITF74 225 AID S ,42 K aU VD0 2C DMI AFHI _:.TE O.
Di' C IN 'HE �"'- CF THE CITY CLERK.
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OF RECCRO OR IS RQQRDED AND NOTED ON THE ONNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL