112 LINDEN STREET - WONG, PETER - ZBA r 112 Linden St. R-2
Peter Wong
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Ctg of "ittlem, C assarkusetts
=, s Poura of �ppeal
DECISION ON THE PETITION OF PETER WONG FOR A VARIANCE
FOR 112 LINDEN ST. , SALEM (R-2)
A hearing on this petition was held March 26, 1986 with the following Board
Members present: James Hacker; Chairman; Richard Bencal, Acting Secretary, Edward
Luzinski and Associate Members Dore and 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.
Petitioner, owner of the property, has requested a Variance from rear and side
setbacks to allow construction of a two car garage in this R-2 district.
The Variance which has been reauested may be granted upon a finding by 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
w
c. 2esirabhe relief may be granted without substantial detriment to the
;public gnod and wihtout nullifying or substantially derogating from the
otntent o-f the district or the purpose of the Ordinance.
C
The BoardCwgf Appeal, after careful consideration of the evidence presented at the
hearing and afterfiviewing the plans of the property, makes the following findings
of fact: a Mir
1 . NAEsu9poA or opposition was voiced for the plan;
2. At one time a garage was in the same approximate place;
3. Literal enforcement of the Zoning Ordinance would cause hardship
to the petitioner.
On the Basis of the above findings of fact, and on the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1 . The Variance may be granted wihtout substantial detriment to the public
good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The garage be the same size in all respects and located in
the same place'as per the plans submitted.
DECISION ON THE PETITION OF PETER WONG FOR A
VARIANCE FOR 112 LINDEN STREET, SALEM
page two
2. The property at 112 Linden St. must be in compliance with
Salem Fire Department rules and regulations relative to the
installation of smoke detectors.
VARIANCE GRANTED
-Richard A. Bencal, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
.. FF...::1 THIS DECISION.
L` At:Y, SHALL BE t?.AOE PURSUANT TO SECTION 17 OF THE MASS.
APpE L -•i ISI'JN8. At1O SHA. ;;_ FILED C!'THIN 20 DAYS AFTER THE DATE OF FILING
CEkER6L LAGS. CH'- C_:'-- Of 7Y,E LITS' CLERIS.
p"r THIS CECIS';"t IH THE - cr THE VQ.RIA�.CE OF. SPECIAL PER,-'IT
PUF.SR.? TO 'IcLS. ".. ,jF,Ai Y4`'fS. r••"'!p;ER 204. S ,11C^! 11,
H:REIa. StIALL N61 1?;E E'F L, IIRTiL A`COPY`OOF, HE Vj I-AC FE.ALB HAS BEVIItE CERT,
FILED.
li`.S 6`_E'i.P,: THAT 1T HA.S LEEN CIS`�dSSEO OR DENIED T
RCATip;{ OF THE CIT' CLEfi{4 IS
TI" 0 D '..S NAGE
OR THIS, IF SU' AN APFET' C,F I,EEpc AttD 1ftDE);ED Ui:OER 7HE I:Ai1E OF THE DINNER
REC`vROED IN E.
THE-SOU1H ESSEX. fiECiS(Ri
OF RECuRD OR IS RECORDED AND N0TE0 Dt1 THE OWNER'S CERTIFICATE
BOARDLOF APPEAL