463 LORING AVENUE - HOGAN & MACKEY, RICAHRD & DIANE - ZBA 463 Loring Avenue R-1
Richard Hogan & Diane Mackey (owners)
1
l
1
��I
.Jr
,•,; ,�'") 1 (gitu of idem, � ttss c4tusr�lf�� 3 of
-Botts of eal Lci
....:� T1
DECISION ON THE PETITION OF RICHARD 30GAN & DIANE MACKEY FOR
':VARIANCES AT 463 LORING AVE. 119-1 )
A nearing on this petition was held May 16, 1990 .with the followine Board Members
present: Richard A. Bencal, Chairman; Edward Luzinski, Vice ;hairman; Joseph
Correnti, Secretary; Rick.ard Febonio & Mary Jane Stirgwolt. 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 and
side setbacks to allow construction of a deck in this R-1 cone.
The Variance which has been requested may be granted upon a 'incin� of the Board
that:
a. tecial conaitions anc circumstances exist which especially affect the land,
cuilding 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 the 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 at the
hearing, and after viewing the plans, makes the following findings of facts:
1 . ;lo opposition was voiced to the plan;
2. The proposed location for the deck is the only suitable location;
3. The deck will add to the use and enjoyment of the property for the
petitioner.
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 property
but not the district in general;
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship on the petitioner;
3. Desirable relief 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.
.1
DECISION ON THE PETITION OF RICHARD HOGAN & DIANE MACKEY FOR
VARIANCES AT 463 LORING AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . All conditions of the Salem Fire Department relative to fire safety
be strictly adhered to.
2. All construction be done as per existing City and State Building Codes.
3. All dimensions be as per the plans submitted.
4. All material used be in harmony with materials of existing structure. .
5. Legal building permit be obtained.
VARIANCE GRANTED
v <�
R79-'hard A. Bencal, Chairman
A COM OF TMS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
.-1 Y Appeal from this decision,if any,shall be made pifisuanf to Section days 0}
o the mass. General Laws, Chapter 8o8, and shall be filed within 20 days
M atter the date of filing of this decision in the office of the city
CVar ante
Pursu::nt to floss. General Laws, Chapter 808, Section 11, the
.� cr =p^.tial Permit (;rented herein shall not take effect until a copy of the
v
e City Clerk that 20 days have
!e-inion, tre eying the certification of th
elapsed and no appeal has been filed, or that, if such appeal has been
x filed, that it has been dismisses or denied is recorded in the South Essex
he name or
sRistry ofegrecorded eeeds and indexed under nd noted on the owner's t certificate of Title.
owner of record or
Titlo
BOARD OF APPEAL'
pgopo5ED
I� n' 7' �•
� f
fl
'eC
L'oT
� o
a X463
N �
Of
y ROBERT s
� o JAMES
OTIROS
4 Q
Nil$ANDS
(�,�eA = X750 S,F• *)
Zcoee NU AVENUE
NOTE %H/.S PLAN WA-5 BEAN OF LAND
CaMPILED F96N7 A TgPE iN
z5 J,QVEy aNp NOT FRoM -�A L E M
AN Z'NST��-!MEN T
YEY- .SCALE : /"_ /0' MAK. 21j)176