12 GALLOWS HILL ROAD - D'ENTREMONT, DAVID & JEANINE - ZBA 12 Gallows Hill Road R-1
David & Jeanine D'Entremontl — - -
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DECISION ON THE PETITION OF DAVID AND JEANINE D'ENTREMONT
FOR A VARIANCE FOR 12 GALLOWS HILL RD. , SALEM
A hearing on this petition was held December 5, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , nes., Lu
zinskisand Associate
Member Bencal. Notice of the hearing was sent to a � 44 . and others and notices
of the hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
Petitioners request a Variance from ,setback requirements to allow them to build
a garage as shown in a plan submitted to the Board. The. petitioners own the
premises 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; and
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 purposes of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and
after viewing the plans, makes the following findings of fact:
1 . The absence of a garage has a serious negative affect on
the value of this property;
2. The shape and configuration of the lot makes it unfeasible to
construct a garage within the setback requirements of the
Zoning Ordinance;
3. The relief requested will have no apprciable affect on the
neighborhood;
4. The shape and configuration of the lot are unique tot his lot,
and do not generally affect lots in the district.
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 and circumstances exist which especially affect the
land involved and which are not generally affecting other lands in the
district;
DECISION ON THE PETITION OF DAVID & JEANINE D'ENTREMONT
FOR A VARIANCE FOR 12 GALLOWS HILL ROAD, SALEM
page two
2. Literal enforcement of the Ordinance would work a substantial hardship
upon petitioners;
3. The relief requested may be granted without substantial detriment to
the public good and without substantially derogating from the intent
of the .district or the purposes of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4 to 0 to grant the relief requested,
provided that smoke detectors be installed on the premises as required by
applicable laws.
VARIANCE GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A>,BUM,-THIS DECISION, !:" ANY. SHALL BE MADE PURSCANT TO SEC-10N 17 OF THE MASS.
6DCr3.k-i;i•.'„'$, Cn�PizR £^S. Ai:D ShF. L E= FILED W!'.".i?! SO DAPS AFTER :HE DATE OF FI LI^lu
OFt3iir @E:i SI^_F; II! THE OFF!CE Or T. E CITY CLERK. .,° y
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_;,7C'f'!' t.�. Cr ''` . i L.Fi S, CH SF ER S"'_ SEC-I. 11 THE V RI. I:E OR _ IF,I_ PE.R:!IT
GRii`>�• }'`_T'3- SH=!� FO i EFF- U-iIL A CO'rY OF THE C� ESA THE CERT-
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G'Y CcER Tr. c i° F,:�E ELA S D W' J I.^ APF-,"L FITS 6 -i FILED,
01CJHAT, 1!--LC. p,;4 APF: L F !. S C-1, FILE, THAT IT H .S BEEN D' ISSED OR 1 i _U IS
IWMRDFdL'if SOUTH ESSEY, RECISTRi OF DEEDS AND INDEXED U::DER THE NAMI;c OF THE OVUM
a RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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