79 MARLBOROUGH ROAD - ALEXANDER, ARTHUR & DEBORAH - ZBA 79 Marlborough Rd. R-1
Arthur & Deborah Alexander
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DECISION ON THE PETITION OF ARTHUR & DEBORAH, ALEXANDER FO
A VARIANCE AT 79 MARLBOROUGH ROAD (R-1 )
A hearing on this petition was held on October 15, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and
Associate Member 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.
Petitioners are requesting a Variance from any and all density requirements and
setbacks, required by Table I , Section VI of the Salem Zoning Ordinance, to
allow the continued use of an existing single family dwelling at 79 Marlborough Road.
The property is in an R-1 district.
The Variance which ha's 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 or structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to 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, and after viewing a plot plan submitted by petitioners, makes the foiiowing
—findings of fact: --- - -
i NG GupGsvii to t,ic pctOr 'v:ai raised and GGuP.q ili0. Lc^.,u crd
O' Leary spoke in favor of granting the petition;
2. The size of the lot is substantially the same as other lots in
the area;
3. The shape of the lot is unique, and the siting of the present
dwelling in the most practical siting;
4. There would be financial hardship to the petitioners if relief
was not granted.
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 affect this property but which do not
generally affect other lands, buildings and structures in the same district;
=:-DECISION ON THE PETITION OF ARTHUR & DEBORAH: ALEXANDER FOR
A VARIANCE AT 79 MARLBOROUGH RD. , SALEM
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would invclve
substantial hardship to the petitioner; and
3. The relief requested 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, under the following terms and conditions:
1 . All the relevant regulations of the Salem Fire Department
relative to fire prevention safety be complied with the the
petitioners.
VARIANCE GRANTED
/James N. Fleming, Esq. z
Member, Board of Appeal`
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
.T TO SE '1! 17 C.
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. . ._. - - BOARD OF APPEAL .
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December 11 , 1986
James Hacker, Chairman
Board of Appeal
7 Ugo Road
Salem, MA 01970
Dear Jim:
I have enclosed copies of the application and decision regarding
the petition of Arthur & Deborah Alexander for Variance for 79 Marlborough
Road. I have also enclosed a copy of Mr. Flemings handwritten decision
which was received in this office sometime after 2:00 p.m. on December 9,
1986. I was not in the office at the time it was recieved, I had left
because of a family problem at 1 :30 that afternoon. I actually recieved and
time stamped this decision on December 10, 1986, 8:06 a.m. The workload of
the Building Department and the preparation for the evening meeting of the
Board of Appeal left me no time to get this decision typed and recorded.
T did however, record it at the earliest possible time, 9:00 a.m. , December
11 , 1986.
I would, once again, . request the Board get the decisions they are
responsible for writing to me within ten days of the hearing. While you
gentlemen hold the responsibility for writing two or three decisions, T must
type and record all decisions. I feel very strongly that we are dealing
with more than the letter of the law, and we should be concerned with some
cooperation to make the work load easier. It is difficult enough dealing
.with the multitude of time limits, and lawful recordings, etc. for each
individual case, without having to do triple the dates of recordings for
each meeting. T also feel that we do have a certain responsibility to
the people who petition the Board to give them_a fairr:,inded__and conscientious
decision as promptly as possible.
Respectfully,
Brenda M. Sumrall
Clerk, Board of Appeal
MORTGAGE + INSPECTION
BAY STATE SURVEYING SERVICE INC.
w9 234 CABOT ST., BEVERLY, MA.
LQCATIONi ,•�i?4fM,•__f?45�_•.. •..• NOTES =
SCALE ; I" x' .30 FT. DATE • This is a Mortgage inspection survey and not
o„ REEFRENC , —. ...��... a .. an Instrument survey,therefore this plot plan is for
,�ebca�cC.v� 7lb.F.Js.�c._Sa� mortgage inspection purposes only.
k • This survey is based on survey marks of
C1 csr, 4 p r� GZ«ds others.
TO • Bushes,shrubs, fences and tree lines do
I hereby certify that I have examined the premisds,and that the not necessarily indicate property linea.
building(s) shown on this plan are located on ffie ground as
shown and that eyrmed to the zoeiny setbacks of the • The building(s) are not located in the special
°. flood hazard zone,as defined by H.U.D.
�.:�Sai,(rm ....-,.:,. when constructed.
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