23 EAST COLLINS STREET - MCCARHTY, JOAN - ZBA 23 East Collins St. R-1
Joan McCarhty
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Pourb of � � JUL 28 3 11 PH 187
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DECISION ON THE PETITION:' OF JOAN MCCARTHY FOR A VARIANCE FELE#
FOR 23 EAST COLLINS ST. , (R-1 )
CITY CLERK, SkLEk. MASS.
A hearing on this petition was held July 15, 1987 with the following Board Members
present: Jai,.-es Fleming, Vice Chairman; Messrs. , Bencal, Luzinski, Strout and
Associate Member LaBrecoue. 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 Massac.^.usetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a variance from side and rear
setbacks to allow construction of a 12' x 16' shed in the rear of the property.
Property is located in an R-1 district.
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 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 and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition;
2. Nners are faced with serious 'Storage problem as there is no
attic or cellar;
3. House was built of a very small lot.
On the basis of the a'tove 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. Lateral enforcement of the Ordinance would involve substantial
hardship to 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.
DECISION ON THE PETITION OF JOAN MCCARTHY FOR A VARIANCE
FOR 23 EAST COLLINS STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The shed is not to exceed 12' x 161 , as per plans submitted;
2. Shed to be erected as per plans submitted;
3. . Property comply with all requirements of the Salem Fire Dept. ;
LI . A building permit be obtained.
VARIANCE GRANTED
Peter Strout, Member, Board of Appeal
A. COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
4,PPEAL FROM THIS DBCISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MA5S.
GENERAL LAWS, CHAPTER BCC, AND SH��L RE RL"' KI.HiN 20 DAYS AFT' THE DATE OF FILINGu
OF THIS DECISION IN THE GFFICE C' THE CITY CLERi;.
r._r". SOS c ,� HE VARIANCE Cc SP �.ic,L PER-JiT
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RECORDED IN THE S,ATH ESS a Pc"'• R% F D'--' .. ;;JcD Jr- cR the � A E OF THE OWNER
OF RECORD OR IS RECORDED A!.0 1ir -D ON THE 01 RS SER IrhAI� OF TITLE.
BOARD OF APPEAL
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