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15-15 1/2 STATION ROAD - BUILDING JACKET Titt1 of '�5ttlem 74sttssar4use"s Voura of �Aru}rettl ;17; DECISION ON THE PETITION OF CHR_ISTINE CORRENTI FOR A VARIANCE AT 15-15z STATION ROAD (R�1 ) A hearing on this petition was held June 6, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Febonio, Dore and 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 Law Chapter 40A. Petitioner, owner of the property, is requesting a Variance from rear setback to allow for the construction of a deck at the rear of the property. The locus is 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 or 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 . There was no opposition presented; J 2. The proposed deck would allow a more fuller use of the existing dwelling. On the basis of the above 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. Literal enforcement of the provisions of the Zoning Ordinance would work a substantial hardship on the petitioner; 3. The Variance requested can be granted without nullifying or substantially derogating from the intent of the district or the 'purpose of the Ordinance and without substantial detriment to the public good. • DECISION ON THE PETITION OF CHRISTINE CO2RENTI FOR A VARIANCE FOR 15-152' STATION ROAD, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, a-0, to grant the relief requested, subject to the following conditions: 1 . Petitioner meet all requirements of the Salem Fire Deoartment relative to smoke and fire safety. 2. All construction be done as per the plans submitted and by legal building permit. 3. All construction be done as per all City and State building codes. GRANTED aures M. Fleming, Eso. , Chaiy an A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Apr,�a; from this derision, it any, shall be made puisu,mt to section 1, of the Glass. General La-js. Chapter sCs, and srall be Wad within 2.0 days atter the date of filing of this dea:ion in the oi'ice of the City iacrk. Pm;:u,nt to fAss. l;.:c eral '.ads, i;h.n`; '03. :iec:ion 11, t::^ variance or Jpe::i it Permd er.':nted he onn th.- : :.-at t.ke effect ant; a ccpy of the rl^.cisicn. tiaar'.n�i the cernlfca;,on of :'oo City Clerle that 20 days have el'.nsed and no apcual has been filed, Or that, if such :ppe'I n.s been PJpd, that it has bean d,smissed or denied is rocordeo in the south Essex Req:slry of Deeds and indexed under the name or tho ovmer of record or is recorded and noted on the owner's Certificate or Title. BOARD OF APPEAL