1 LEMON STREET - MAHONEY, JAMES - ZBA 1 Lemon St. Ct. R-2
James Mahoney
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DECISION ON THE PETITION OF JAMES T. MAHONEY FOR A
VARIANCE AT 1 LEMON STREET COURT (R-2)
A hearing on this petition was held July 23, 1986 with the following Board Members
present: James Hacker, Chairman; Richard AgpceR , 3eapjeP MMessrs. , Fleming,
Luzinski and Strout. Notice of the hearing was sent to abd't'ters and others and
notices of the hearing were properly publi76hef in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
CITY CL 4`• : :: iM,MASS
The petitioner has requested a Variance from density and setbacks to allow an
existing single family in this R-2 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 in-
volve substantial hardship, financial or otherwise, to petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nuilfying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after considering the evidence presented at the hearing,
makes the following findings of fact:
1 . No opposition was presented;
2. The structure in question has been in existance for over 100 years.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which affect the building involved by do not
generally affect other buildings in the same district;
2. Literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship to the petitioner;
3. The relief 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.
DECISION ON THE PETITION OF JAMES T. MAHONEY FOR
A VARIANCE FOR 1 LEMON ST. CT. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, in favor of granting
the variances requested, subject to the following conditions:
1 . All applicable Salem Fire Dept. regulations for a single family
dwelling must be adhered to;
2. The dwelling in question may remain on the same footprint as presented
to the Board on the plot plan submitted dated 3/31/86.
VARIANCE GRANTED
1chard A. ' ental, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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MORTGAGE INSPECTION
BAY STATE SURVEYING SERVICE INC. -7_ 5 C:'r ,
234 CABOT ST., BEVERLY, MA.
LOCATION ]�4 �r iy� {1�1 `� NOTES :
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SCALE I = b FT. DATE :-.-._3 3�/�� ® This is a Mortgage inspection survey and not
"""...."". an instrument survey,therefore this plot plan is for
REFERENCE .. . .
... ..........." mortgage inspection purposes only.
"- ® This survey is based on survey mcrks of
... ...... .. . .. .. ..... .... ............... others.
To
�F_.e)T'4q '5 CD0" t911"'It o Bushes,shrubs, fences and tree lines do
... .. . ........ ....... .... ................
I hereby certify that I have examined the premises and that the not necessarily indicate property lines.
building(s) shown on this plan are located on the ground as
• The building(s) are not located in the special
shown and that they conformed to the zoning setbacks of the flood hazard zone, as defined by H.U.D.
when constructed.
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WHENEVER AN OFFSET IS
±.OR LESS AN INSTR. SURVEY IS
RECO;01AENUED TO DETERMINE
PROP LINES.
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