68 MOFFATT ROAD - NUTTING, JOHN & FRANCES - ZBA 68 Moffat Rd. R-1
John & Frances Nutting
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CITY CLEW S:,LEF. HASS.
DECISION ON THE PETITION OF JOHN & FRANCIS NUTTING FOR A
VARIANCE AT 68 MOFFATT ROAD
A hearing on this petition was held July 15, 1987 with the following Board
Members present: James M.Fleming, Vice Chairman; Messrs. , Bencal, Labrecque,
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 petitioners, representing themselves, seek a Variance to allow for the
construction of a deck at 68 Moffatt Road. The property is located in a R-1 zone.
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 in-
volve 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 . There was strong neigborhood support for the petition at the meeting;
2. The proposed deck is in harmony with the existing neighborhood;
3. There is no place on the petitioner's land to place a deck which
would not require a variance.
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 afft the subject property but do not
affect the district in general;
2. Literal enforcement of the provisions of the Zoning Ordinance would work
a substantial hardship on the petitioner;
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.
a( ' DECISION ON THE PETITION OF JOHN & FRANCIS NUTTING FOR A VARIANCE
AT 68 MOFFATT ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following terms and conditions:
1 . The deck must be built as per plans submitted and revised at the
hearing;
2. All construction must conform with the requirements of the Mass.
Building Code;
3. The petitioners must obtain a building permit from the building
inspector of the City of Salem.
GRANTED
aures M. Fleming, Esq. , e Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
'%PPEAL FRG,: THIS DE'MIJN. C ANY. SHALL BE `LADE PURSUANT TO SECTION 17 OF THE MASS_
CFRERAL LAV:S. CHAPTER SO3, AND SHALL BE FILED VIITPIN 20 DAYS AFTER THE DATE CF Fi LIN:
F Tn1S OP:,I SIC ii IN THE OFFICE CF THE CITY CLERK.
P,. 7 L,-1 7 S 2';-4A'. < CH F.P,FR SDS. SEC i 1'','N 11. THE VSR'A V E fP
lF 4;°EI SH=.,L Nr ?..t Er FELT UNTIL A COPY CF TH['.`' SE
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OF RECORD OR IS RECJRDED AND NOTED ON THE OWNER'S CERTIFICATE Of TITLE.
BOARD OF APPEAL