3 LEVAL ROAD - KOSTAN, LEON B - ZBA 3 Leval Rd. R-1
Leon B. Kostan
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DECISION ON THE PETITION OF LEON B. KOSTAN FOR A VARIANCE FOR
3 LEVAL ROAD (R-1 )
A hearing on this petition was held March 18, 1987 with the following Board
Members present: Edward Luzinski, Vice Chairman; Messrs. , Bencal, Fleming, Strout
and Associate Member 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.
The petitioner is requesting a Variance from density and side yard setback to
allow for the construction of a two stall garage with living space above at
3 Leval Roard, which is in an R-1 Zone.
f
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; .
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.
r 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 neighborhood opposition;
2. Plans proposed clearly are in harmony with the neighborhood.
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 condiitons exist which affect the subject property but which
do not affect the district generally;
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve 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.
F _
DECISION ON THE PETITION OF LEON B. KOSTAN FOR A VARIANCE
FOR 3 LEVAL ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
petitioner the requested Variances, subject to the following conditions:
1 . The addition is to be built as per the plans submitted by the
petition;
2. The exterior finishes of the addition are to conform with those
of the existing building;
3. All the requirements of the Salem Fire Department, relative to
fire safety, be complied with by the petitioner;
4. That all building permits and certificates of occupancy be ,
obtained from the Building Inspector, City of Salem.
VARIANCES GRANTED
James M. Fleming, Esq.
Member, Board of Appeal
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 THE
GENERAL LAWS, CHAPTER 878, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PJI
RSAT TO MASS, GENERAL LA7r'S, CP,APTER 878, SEC'!ON 11. THE VA.,:AY,"Y CP. SPE PJ .L P"tR71i
GRANTED HEREIN. SHALL NOT TA:.iE EFFECT URTIL A.COPY OF THE^`-Ct51 D::. EE�R�. . iriF C=Gi-
1`1 A006 OF THE CITY CLERK TEAT 2,1 DAYS HAVE ELAPSED :.ii0tiJ F?PEr.L HAS BE'-:, FILED,
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE THAT IT HAS SE EI' DIS:."" CR CE:- IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF CEEDS AND INDEXED UF:^Ei; THE ;;A:-1E OF THE OV.'NER
OF RECORD OR IS RECORDED AND NOTED ON THE O'WNER'S CERTIFICATE OF TITLE.
9
BOARD OF APPEAL
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Riverside Engineering Services' .
P.O. BOX 6245
HAVERHILL, MA OIV31 _