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462 ESSeX St. R-2
Jacqueline Hemeon
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DECISION ON THE PETITION OF JACQUELINE HEMEON FOR A CITY CLERK. SALt E.f:ASS.
VARIANCE AT 461 ESSEX ST. (R-2)
A hearing on this petition was held December 2, 1987 with the following Board
Members present: James Fleming, Vice Chairman; Richard Bencal, Secretary; Messrs. ,
Luzinski, Strout and Associate Member Labrecque. Notice of the hearing was sent
to abutters and others and notice of the hearing was properly published in the
Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a Variance from setbacks only to
allow existing lot in this R-2 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . The building and lot has been in this condition since Planning Board
approval in 1983;
2. Without relief subject property would be unsaleable;
3. Support of the plan was voiced by neighbors, abutters and others.
On the basis of the above findings of fact, and other 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 provisions of the Ordinance 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.
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DECISION 01; THE PETITION OF JACQUELINE HEMEON FOR A
VARIANCE AT 461 ESSEX ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested on condition no new construction be done on the site.
GRANTED
chard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLEF;.
APPEAL FROM THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MA105.
GENERAL LAWS. CHAPTER 803. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
of THIS DECISION IN THE OFFICE OF THE CITY CLERK,
PU RSAR` TI MASS. GENERAL LAWS. CHAPTER 808, SECTION 11. THE VARIANCE OR SPECIAL PEP',1JT
G.F At;:C HER Ei.:, SHALL NOF TA%E EFFECT UNTIL A COPY OF THE DECISIO: GEARING THE CERT
FIC°TC T.OF SUCK IAY GILERAPPEALTHAS 8`D DAYS
S HAA EATLIT SHASED AOEEIND N DwPSSEDEAL HOR DCAS EUCD i`U•
'ft "' 'ISTRY OF DEEDS AND INDEXED UNDER THE NAILE OF THE 0`l:I:
-- • UTH ESSEX REQ TLE.
ftC'-ter. D IN THE SO
OF RECORD OR IS RECORDED AND NO
ON THE OWNERS CERTIFICATE OF TI
BOARD OF APPEAL
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MORTGAGE INSPECTION
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST., BEVERLY, MA.
LOCATION : SALEM. MASS . NOTES :
•----------------------------•--•-------•------•-
SCALE : I" = 28 FT. DATE ._ AUG . 31 . 1987 s This is a Mortgage inspection survey and not
REFERENCE : _DEED BK .+_ 591e PG .+4.71 an instrument survey,therefore this plot plan is for
j RECORDED IN THE ESSEX SOUTH mortgage inspection purposes only.
DIST. REGISTRY OF DEEDS • This survey is based on survey marks of
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others.
ToCOMFED_ - - -- -----MORTGAGE-CORP_ -. - - - • Bushes,shrubs, fences and tree lines do
I hereby certify that I have examined the premises and that the not necessarily indicate property lines.
building(s) shown on this plan are located on the ground as
shown and that they conformed to the zoning setbacks of the • The building(s) are not located in the special
CITY OF SALEM. MASS. flood hazard zone, as defined by H.U.D. Ii
..- ---_ ___------------- -- ---------- when constructed.
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