441 LAFAYETTE STREET - MAGEE, MARQUIS - ZBA 441 Lafayette St. R-1
Marquis Magee _
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„M CITY CLERK.SALE H. PASS.
DECISION ON THE PETITION OF ri=RQUIS MAGEE FOR A VARIANCE AT
441 LA-PAY= STREET (R-1)
A hearing on this petition was held May 13, 1987 with the follo,..ing Board
Mambers present: -James Hacker, Chairman; Messrs. , Fleming Luzinski, Strout
and Dore. 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 is requesting a Variance from side yard setbacks to allow deck in
this (R-1) zone.
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;
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b. literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to petitioner;
c. desireable relief may be granted without substantial detriment to the
public good and without nulliSy nq or substantially derogating frau 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:
1. The northwest corner of the existing deck was constructed 8 feet from
the side line, two feet closer than allowed.
2. Building was constructed in accordance with a building permit issued
August 7, 1979; however, plot plan submitted to building department
at that time did not show the deck.
3. Original construction plans submitted to the building department could
not be located.
4. Neighborhood opposition was recorded concerning potential use of the
building as a multifamily unit and tideland encroachment.
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 especially affect the subject but do
not affect the district generally;
2. Literal enforcement of the Ordinance would involve substantial hardship
to the petitioner;
DECISION ON THE PETITION C' ..... __. . ...,.__ FOR.
AT 001 LIFAYETTE SKEET ,
page two
3. The relief requesl _j car. be gr_nned without substantial deirirent to :..e
public good and un Kraut nullifying or substantially dercEating from t[:_
intent of the disir L_ or the purpose of the Ordinance.
Therefore, the Zoning Boars cf Appeal •:c`_ec unanimously , :- , to Erant .the varfan=e
requested , subject to the _ cons-tions:
1 . That no changes not "ed by the current Zoning Ordinance be made
to the existing str" _nre.
[. he engineering li"._z. _c_c_ on ;,.:e rip rap by the surveyors be
removed ,,within thin:; days_
V-:RIA.NCE GRANTED
-
Peter A. Dore, Associate Hember
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A COPY OF THIS DECISION HAS FEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD 0( APPEAL
PLAN OF LAND
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R.W. REID R.L.S. LYNNFIELD, MA.
SCALE I ": 60, Feb. 25', )987
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I , hereby, certify to the best of my knowledge that the premises shown on this plan are
j located within a flood hazard area as delineated on the map of Community # 2so/o26
prepared by the Department of Housing and Urban Development or its successors dated 8/s/B5
I further certify that this inspection was performed in accordance with the "Technical
Standards for Mortgage Loan Inspections" as adopted by the Massachusetts Association of Land
Surveyors and Civil Engineers , Inc.
Note : This plan was prepared from a tape survey and is intended for mortgage purposes only.
Offsets shown on, or scaled from this plan are approximate only, and should not be used to
determine property lines . e7-ory7
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