21 STATION ROAD - BUILDING JACKET 21ST-ATION `ROAD"
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?90&Ca of App=1 CITY CLERK, S,.l f MASS.
DECISION `ON`THE-"PETITION OF CHARLES WARD FOR A VARIANCE
AT 21 STATION ROAD (R-4)
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A hearing on this petition was held September 28, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting and
Strout. 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.
Petitioner, owner of the property, is requesting variances from side and rear
setback requirements to allow construction of a two car garage in this R-1 zone.
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 . There was no opposition voiced at the hearing;
2. There was neighborhood support;
3. This is the only feasible location for the garage on the property.
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 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.
DECISION ON THE PETITION OF CHARLES WARD FOR A VARIANCE
AT 21 STATION ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . All construction to be done as per plans submitted;
2. All construction must comply with City and State Building Codes;
3. A building permit must be obtained prior to the commencement of construction;
4. Exterior finished must conform to existing building.
GRANTED
Jo4hnNuttg Secre y
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAV.S. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION. BEARING THE CERT
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED.
TR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISMISSED OR DENIED IS
WORDED IN THE SCUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
f MCORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL