5 MAPLE AVENUE - JOHNSON, ALICE L - ZBA 5 Maple Ave. R-1
Alice L. Johnson
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JUL 29 10 40 AN '81
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?Z i CITY CLERK. SALEV. PASS.
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DEC1S10N ON THE PET1T10N OF ALICE L. JOHNSON FOR A
VARIANCE AT 5 MAPLE AVENUE, (R-1 )
A hearing on this petition was held June 24, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski 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 Massachusetts
General Laws Chapter 40A.
The petitioner, represented by her brother, Attorney Richard Johnson, is seeking
a Variance from the side yard setback to allow for the construction of a deck
at 5 Maple Avenue. The premise is located in an R-1 district.
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 involve
substantial hardship, financial or otherwise, to the petitioner; and
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, after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the. petition presented at the hearing,
and Councillor John Nutting spoke in favor;
2. The location of the deck is the best and only location possible
from an asethetical, financial and practical viewpoint;
3. The closest structure to the proposed deck would be at least
twenty (20) feet away.
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 generally;
2. Literal enforcement of the Ordinance would involve substantial
hardship on the petitioner; and
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.
II DECISION ON THE PETITION OF ALICE L. JOHNSON FOR A VARIANCE
FOR 5 MAPLE AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal .voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The petitioner must obtain a building permit from the Building
Inspector, City of Salem;
2. All construction must mee the requirements; of the Massachusetts
Building Code;
3. The exterior of the deck must conform with the exterior of the
existing dwelling;
4. All the requirements of the Salem Fire Department relative to
fire safety must be adhered to, including the installation of
approved smoke detectors in the existing dwelling;
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5. The construction of the deck must be in accordance with the plans
submitted to the Board of Appeal.
VARIANCE GRANTED
47
ames M. Fleming, Esq.
Vice Chairman, Board of App�al
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
:,! THIS CECTSICK'?, I' ANY. SHALL BE LSADE PURSUANT TO SECTION 17 OF THE MASS.
APPEAL FRC u,;; DAYS Ark THE DATE O. FILING
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