465 LORING AVENUE - HAYES, JAMES R - ZBA 465 Loring Ave. R-1
James R. Hayes
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DECISION ON THE PETITION OF JAMES R. HAYES FOR `ILEA
VARIANCE AT 465 LORING AVE. (R-1 ) ;;I; ;;LERh, .;t.: d•,S.
A hearing on this petition was held February 15, 1989 with the following Board
Members present: James Fleming, Messrs. , Bencal, Luzinski, Nutting and Strout.
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 Massachusett
General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a variance to allow construction
of an addition .in rear of this property which is located in an R-1 district.
The Variance which has been requested can be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the
land, building or structure involed 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 of Appeal, after careful consideration of the evidence presented
and after viewing the plans, makes the following findings of fact:
1 . There was no opposition, Mr. Hayes spoke in favor;
2. The proposed addition will not encroach on any setbacks.
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 effect the subject property but not
the district generally;
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioner;
3. The Variance 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 R. HAYES FOR A VARIANCE
AT 465 LORING AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . A building permit be obtained;
2. All construction be in strict accordance to all city and state
building codes;
3. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to;
4. Exterior finish of new construction conform to existing structure.
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GRANTED
ohn R. Nutt'' g�etary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS CECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE M*S.
GENERAL LA'NS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO .;ASS. CESE8AL LA''WS, CHAPTER 898, SECTION 11. THE VARIANCE OR SPECIAL PER:GIT
GRANTED HEREIN, SHALL NOi fWE EFFECT UNTIL A COPY OF THEOEC'IS!ON. 8E01N: , TH't `ERT-
FICATION OF THE CPFY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS iSVI FILED,
OR THAT, IF SUCH AN[ APPEAL HAS BEEN FILE, THAT IT HAS BEEN DIS:°ISSED OR CEN:ED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE DINNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL