4 MAPLE AVENUE - MCMANUS, FRANCIS - ZBA 4 Maple Ave R-1
/// Francis McManus (owner) y — -
/ Mary Pelletier (Petitioner)
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4 Maple Ave R-1
Francis McManus (owner)
Mary Pelletier (Petitioner) \
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DECISION ON THE PETITION OF MARY PELLETIER (PETITIONER) , FRANCIS
MCMANUS JR. (OWNER) FOR VARIANCES AT 4 MAPLE AVENUE (R-1 )
A hearing on this petition was held March 7, 1990 and continued until March 28,
1990 with the following Board Members present: James Fleming, Chairman; Messrs. ,
Bencal , Febonio, Luzkinski 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.
Petitioner is requesting Variances to allow the construction of a single family
dwelling to be completed and to raise the existing roof line. Property is located
in an R-1 district and is currently owned by Francil McManus Jr.
The Variance which has been requested may be granted upon a finding by this
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 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 fact:
1 . An unfinished (since 1981 ) single family dwelling existing at the site
would be completed as a single family dwelling.
2. The property is in a single family neighborhood, therefore the requested
variances would not change the character of the neighborhood.
3. A petition in favor of the proposal was signed by nine individuals.
4. Concerns about privacy and loss of light expressed by an abutter were
adquately addressed by design changes.
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 especially affect the subject property but not
the district in general .
2. Literal enforcement of therovisions of the Zoning Ordinance would involve
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DECISION ON THE PETITION OF MARY PELLETIER (PETITIONER) , FRANCIS MCMANUS JR.
(OWNER) , FOR VARIANCE AT 4 MAPLE AVENUE, SALEM
page two
3. 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The requirements of the Salem Fire Prevention Bureau be met.
2. Construction must be in accordance with State and City Building Codes.
3. Construction must be in accordance with amended plans submitted 3/28/90.
4. Dwelling must be a single family.
5. Certificate of Occupancy must be obtained.
VARIANCE GRANTED
Peter A. Dore, 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 Mass.General Laws,Chapter 808, and shall be filed within 20 days
after the date of filing of this decision In the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance
or :`pecial Permit granted herein shall not take effect rat:' a ropy of the
decision, bearing the certification of the City Clerk th+.t 20 days have
elapsed and no appeal has been filed, or that, if such appeal has been
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and Indexed under the name of the owner of record ox
Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAD
Mary E . Pelletier
3 Brook Street
Salem Ma 01970
To Whom It May Concern:
We , the residents of Maple Avenue Salem, wish' to convey
our support to Mary. Pelletier , for her, proposed renovations
in refurbishing the single family dwelling located at 4 Maple
Avenue, Salem Mass .
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317 Jefferson Avenue
Salem, MA 01970
617-744-9531
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