2 ORLEANS AVENUE - MUISE, ROBERT & CAROL - ZBA (2)F�i'
2 Orleans Ave. R-1_`
Robert & Carol Muise
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DECISION ON THE PETITION OF ROBERT & CAROL MUISE
FOR A SPECIAL PERMIT FOR 2 ORLEANS AVE. , SALEM uu 7Qn eu. CC
A hearing on this petition was held November 6, 1985 ti��lf�thellfsMoHwing7Board
Members present: James Hacker, Chairman; Messrs. , Ch�x�a , Gauthier, Luzinski, and
Strout. Notice of the hearing was sent to abutters X o hers and notices of the
hearing were properly published in the Salem Evening �1aRNpBSuith
Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a Special Permit to allow and
existing shed in this R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and conditions
set forth in Section VIII F and IX D, grant Special Permits for
alterations and reconstruction of nonconforming structures, and for
ct:anges, enlargement, extension or expansion of nonconforming lots,
_and, structures, and uses, provided, however, that such change,
extension, enlargement, or expansion shall not be substantially more
detrimental than the existing use to the neighborhood.
In more general terms,this Board is, when reviewing Special Permit requests,
guides by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Bcard of Appeal, after careful consideration ff the evidence presented at the
hearine, and after viewing plans of the property, makes the following findings
of fact:
1 . Said structure was constructed prior to the petitioner
purchasing the property;
2. Water in the basement of the main dwelling necessitates applicant
to find storage on his property;
Any other location on his property would also require Variance;
�. Petition was submitted will all but one abutter in favor, most
of the neighborhood was in favor;
5. No major opposition.
One the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The relief requested is not substantially detrimental to the
public good;
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DECISION ON THE PETITION OF ROBERT & CAROL MUISE
FOR A SPECIAL PERMIT FOR 2 ORLEANS AVE. ; SALEM
page two
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2. The granting of the Special Permit requested will not nullify or
substantially derogate 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 Special
Permit- to allow the storage shed to remain in its location under the following
terms and conditions:
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1 . Shed can remain in its present location as long as it is attached
to the main dwelling;
2. Shed must be shingled and painted to match the shingling and paint
presently on the house;
3. Planting Of shrubs on the rear lot line as to shield shed from
the view of abutter at 11 Marlborough Rd. ;
4. Because of the current season all conditions must be met by
Spring of 1986.
i
,/James B. Hacker, Chairma
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
+ n OF THE MASS.
A'.9CE FURV0'T To SECTIO.? 17 OF fill S
FROI:< THIS DECISION. IF RIY. SHALL 6E
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�_-: ':ED t6 1HC SDL; AND NGiEfl o;; i'dE G781ER'S CERTIFICATE OF TIIL .
Fv,' RECORD CR tis RECORDED AF BOARD OF APPEAL
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ORL ERNS AVENUE
MORTGAGE PLOT PLAN
SCALE: 1 IN.= Zo FT. DATE: ,-1,4/z. zo 1_9B,rPLAN REFERENCE: BEING LOT /7 ON A PLAN BY
7%,'aAf4 A. ARAZETow DATED 4Pe. 12 1,929 RECORDED IN Soar/! ESSEX
REGISTRY OF DEEDSZZ-,f- Te4TbYBOOKb1e7179, PAGE -I.e. /✓o. //,802 05,4. 1
I HEREBY CERTIFY THAT THE BUILDING SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN,
AND CONFORMS TO THE ZONING LAWS OF THE TOWN OF SALEM
1 CERTIFY THAT THIS LOCUS DOES NOT LIE ���P01A OF 416 x
WITHIN THE FLOOD HAZARD ZONE AS GEN.
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DELINIATED ON MAP GE GIUNTA � GluNra H
COMMUNITY 76 NEHOIDEN ST. NEEDHAM No. 27011
THIS PLAN NOT MADE FROM AN INSTRUMENT SURVEY, NOT TO BE USED e-- SURVEI��
FOR FENCES, ETC. FOR USE OF BANK ONLY.
-�►^ RECEIVED
1985 1
SALEM PLANNING D : -�
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