24 OCEAN AVENUE - ADAMS & DOWD, MARY & VINCENT - ZBA 24 Ocean Ave. g_1
Mary Adams
Vincent Dowd --
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of '!5aIem, 19 8 43
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gpjtf 6LEP.K.SAI:k.MASS.
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DECISION ON THE PETITION OF MARY ADAMS & VINCENT DOWD FOR
A VARIANCE FOR 24 OCEAN AVE. (R-1 )
A hearing on this petition was held August 5, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Fleming, Luzinski and Associate Members
Dore and LaBrecoue. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening Nevis in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting Variances from use and parking to allow an existing
two family which is located in an R-1 district.
The Variance which has been requested nay 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;
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, makes the following findings of fact:
1 . Building has continuously been occupied as two family since
the early 19601s;
2. Petitioner has owned property since 1984;
3. Assessors lists dwelling as a three family;
4. Real Estate Agent represents property as a two family;
5. Bank granted mortgage as two family;
6. No neighborhood opposition;
7. Property has been sold twice in the past few years as a two family;
8. Two electic meters are in tact and in use;
9. Many other two family homes currently exist in the immediate area.
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DECISION ON THE PETITION OF MARY ADAMS & VINCENT DOWD FOR
A VARIANCE FOR 24 OCEAN AVE. , SALEM
page two
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 generally;
2. Literal enforcement 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested on condition the property be owner occupied.
VARIANCE GRANTED
�ames B. Hacker, Chairman
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.
PURSANT TO MASS, GENERAL LAWS, CHAPTER 898, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISION. BEARING THE CERT
FTCATICN OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED ANG NO APPEAL HAS BEEN FILED,
OR.THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS:/!SSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF GEED$ AND INDEXED UNDER THE RA:ff OF THE OC82ER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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,I MORTGAGE INSPECTION
!! BAY STATE SURVEYING SERVICE INC.
j; 234 CABOT ST , BEVERLY, MA.
LOCATION : SALEIA W..- ASSTor BANK OF NEW EIAGLAI i
........................................................ ......................................... ................................._...
SCALE : I" FTDATE :IgQU.._•._...•,_..-, I hereby certify that I have examined the premises and that the
REFERENCE :bt-F'.U..Q.6 ...,_._ P.6 building (s) shown on this plan are located on the ground as
RECON-[))t.�..IN. TN E.E-SSEX I shown and that the conformed to the zoning setbacks of the
SQ.-(11CT_-REG OF LEEDS IC(.TY OF 5AEM
!i when constructed.
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NOTE : This is a Mortgage Inspection survey and not The building (s) ore not located in the special flood hazard
j on instrument survey, therefore this plot pion is for zone, as defined by H.U.D.
mortgage inspection purposes only,
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of &!ASS9
ROBERT o�
JAMES ti
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SO
TIROS
No. 609a 26094
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THIS SURVEY IS BASED ON j
SURVEY MARKERS OS OTHERS. !i
BUSHES, SHRUBS, FENCES &, TREE I�
LINES DO NOT NECESSARILY INDICATE I
PROPERTY LINES,.
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