2 ORLEANS AVENUE - MUISE, ROBERT & CAROL - ZBA Robert & Carol Muise
2 Orleans Ave. R-1
s \
C'.
•mob
Ctu of 'Salem, Aussadjusetts
JON Z2 -
'
DECISION ON THE PETITION OF ROBERT & CAROL MUISE FOR*44-4NCES,
AT 2 ORLEANS AVENUE (R-1 )
A hearing on this petition was held June 6, 1990 with the following Board
Members present: Richard A. Bencal , Chairman; Edward Luzinski , Vice Chairman;
Joseph Correnti , Secretary; Richard Febonio and Mary Jane Stirgwolt. 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, owners of the property, are requesting variances from density and
setbacks to allow construction of a deck and existing above ground pool in this
R-1 zone.
The Variances which have 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;
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 . The pool was erected by a legal building permit in 1984.
2. The proposed deck would not be any closer to the street line than
the existing house.
3. The proposed deck would add to the safety, welfare and convenience
or the inhabitants.
4. The placement of the deck in this location would be the only practical
place for it.
5. Because of the aforementioned legal permit for the pool a hardship
has been created as this is the only suitable place for the deck.
6. Support was voiced by one abutter.
'P
DECISION ON THE PETITION OF ROBERT & CAROL MUISE FOR
VARIANCES AT 2 ORLEANS 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 in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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
Variance requested, subject to the following conditions:
1 . All construction be done as per existing city and state building codes.
2. All construction be done as per plans and dimensions submitted.
3. Petitioner obtain a legal building permit.
4. Petitioner complay with all requirements of the Salem Fire Department
relative to smoke and fire safety.
5. Petitioner maintain present landscaping.
6. All conditions of previous decision for locus be adhered to.
GRANTED
-Richard A. bencal , Chairman
0
A �E3PY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
to Appeal from this decision, If any, shall be made pursuant to Section 17 of
m
co 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.
N Pursuant to Mass. General Laws, Ch,-pier 803, Section 11, the Variance
ev _ or !pecial Permit granted herein shz;: rat take effect until a copy of the
decision, bearing the certification of the City C!erk that 20 days have
elapsed and no appeal has been filed, or that, if such appeal has been
,3 filed,that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record of.
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL!
I •
d2 O�Pi�1N5 aV2 C7 � taiwl�� l/ grl.y "JGfs_ r��orn �{e.�.51 �.� . .
iL Y l L
.� q<YG __S.�/ /� qc�:_S _�a -G..'�oLl.�_. GO.n�S.I.CUr✓�l.or". _O.�rG_ Gle_ Gl�. ...
Cl x�5 ir9 -- uho_vF�9rouni__ oo.l - -
e
Y' t
i
r
�.
; �
__ . � _-r---�-�-_ , .�.4,- ___ - ----- - �-. � _ _ � _
._._---._}.Vit...��. _:__.,... , -.,_ � ..,.�_ �.. ... . _ _ . _ _
I �
,4 N ..
1 ____ _
� r
I
�... .... �._ �. .�. _Y^^ f y-+.r. yn... ♦.. 4- _ �� ...✓r.-�.��.�... ..yyy�.r...ic�.�_r.�s.T.—r ._ ���+.� .n ..
n •- �.
� -
�,
I
w
` �
. _ . _��.. 14r._ �. ,._ _ _..---�._. _ _ _ ... _. �. � � ._ .._ _
i
r
Z07/7
1
S '
r�
i
i
3.1
i
IZ�L 1441 0/ L 14/1/0
-_
//7
SXz zw
Own et• 06
. 2 Or /eons Avenae
So/ern, Af4 019,70
H.'
,7,57,g'-4 t746'
Oa/e .0,4Ar// 2, /990
24B Andover Street
Pe a6 o dy , 1W 0/960
/O 20 30
m
4 suev�
GRAPH/C SCALE — /" _ /O'