5 EMERALD AVENUE - WALSH, JOHN & KATHLEEN - ZBA 5 Emerald Ave. R-1
John & Kathleen Walsh
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f t (9itg of Salem, tts�ttt �8tt 31i PN '87
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�DarD of ��sen1 FlLeif
CITY CLERK. SAI EF. MASS.
DECISION ON THE PETITION OF JOHN & KATHLEEN WALSH FOR
A VARIANCE FOR 5 EMERALD AVE. (R-1 )
A hearing on this petition was held July 15, 1987 with the following Board Members
present: James Fleming, Vice Chairman; Messrs. , Bencal, Luzinski, Strout and
Associate Member LaBrecque. 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 a Variance from rear setback
requirements to allay construction of a deck in this 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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . Opposition was voiced because of abutter losing privacy;
2. Petitioner agreed to install a six foot cedar stockade fence
on the, rear boundary to insure the neighbors privacy;
3. Hardship would result with locating the deck anywhere else on the
property because of ledge.
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 especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would involve substantial
hardship to the petitioner;
t 3. The relief requested can be granted without substantial detriment to the
r public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
i'
DECISION ON THE PETITION OF JOHN & KATHLEEN WALSH FOR
A VARIANCE FOR 5 EMERALD AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . A six (6) foot cedar stockade fence be installed on the
boundary line of the Abraham/Walsh property;
2. Deck be built as per plans submitted;
3. All construction comply with state and local building codes.
VARIANCE GRANTED
eter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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Salem Board of Appeals
Salem Green
Salem, MA 01970
The following abbutters support 'the petition of Kathleen and
John J. Walsh, 5 Emerald. Ave. , Salem to. construct a deck to
the rear of their home which will encroach upon the 30 ft.
rear set back requirement.
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