16 HARDY STREET - HAYFORD, ROBERT - ZBA 16 Hardy Street B-1
Robert Hayford - owner
Diana. W. Centorino - pet.
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DECISION ON PETITION OF DIANE W. CENTORINO FORA CITY Y CI__^_:= . ,,� : CE
VARIANCE FOR 16 HARDY ST. , SALEM SP•i-
A hearing on this petition was held on September 21 , 1983 with the following
Board Members present: James Hacker, Chairman; Messrs. ,, Charnas, Hopper,
Luzinski, Piemonte and Associate Members Bencal and LaBrecque. , Notice of said
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.
Petitioner seeks a Variance from density and setback requirements in order that
the owner of subject parcel, Robert Hayford, have clear and marketable title.
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 in-
volve substantial hardship, financial or otherwise,to the petitoner; and
c. desirable relief may be granted without substantialdetriment to the
public good and without nullifying orsubstantially derogating from the
intent of the district or the purposes of the Ordinance. '
The Board of Appeal, after considering the evidence presented at the hearing, makes
the following findings of fact:
1 . No opposition to petitioner's request was raised by neighbors;
2. Petitioner purchased the property in 1979 in good faith not knowing
the property lacked a Variance from density or setback requirements;
3. The present owner purchased the property in 1982 in good faith with the
same ignorance of the property's lack of a Variance;
4. Without the requested Variance, the property's title will not be clear
and marketable.
On the basis of the above findings of fact and on the evidence presented at the
hearing, the Board of Zoning Appeal concludes as follows:
1 . Special circumstances exist which especially effect the subject property
and do not generally affect other property in the same district;
2. Literal enforcement of the provisions of the Zoning Ordinance would
work a substantial hardship upon petitioner and owner;
DECISION ON PETITION OF DIANE W. CENTORINO.
FOR A VARIANCE FOR 16 HARDY ST. , SALEM
page two
3. The requested Variance 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.
Therefore, the Board of Appeal voted unanimously to grant the Variance requested
from density and setback requirements which, in effect, ratifies the already
existant dwelling at 16 Hardy St.
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Scott E. Charnas, Acting Secretary
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
APPEAL FROfi1 THIS DECISIOIN, IF ANY, SHALL BE I:1ADE PURSUANT TO SECTION 17 OF THE iii SS.
GENERAL LAMS. CHAPTER 30S, .AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF f.,3 DECISION IN THE OF F!CE OF THE CITY CLERK. - -
I•`,- 10 ^;°a .';7AL !_ UAKER SoS, SECTION 11. THE VARIANCE 02 °p_CLA'. PE?— !T - -
. .� 1 - E.F,T UNTIL A COPY OF THS ^!;10;i. 66:2 - 71'E CERT- - -
F—: THE CITY 1,!' 20 DAYS HAVE ELAPS-D -'i': f.0 APPEAL HAS PEE, FEED- -
C , :Jf A,. U.?t_. F5S KEN FILE !HAI Af i:.^,S PEE% OR is -
]HESOUTH ESSEX R6:ISTRY OF DEEDS AND INDEXED W:DER THE i:AFdE OF THE O:N!ER
OF i'.EG::;J UN IS RECORDED AND NOTED ON THE OVINEWS CERTIFICATE OF TITLE.
BOARD OF APPEAL