34 WEST AVENUE - BUILDING INSPECTION 34 WEST AVENUE
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UPC 10330 ;
No.153_L__
HASTINGS, UN
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,'SAL FIM. MA
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DECISION OF THE PETITION OF KATHLEEN WHOLLEY-TALATIIKITE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 34 WEST AVENUE
R-1
A hearing on this petition was held Aprill9, 2000 with the following Board Members
present: Stephen Harris, Ronald Harrison, Richard Dionne , Stephen Buczko and Paul
Valakagis. 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.
The petitioner is requesting a Variance from rear setback requirements to construct an
addition for the property located at 34 West Avenue located in an R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. The petitioner represented herself at the hearing.
2. Plans were presented showing placement of the addition.
3. There was no opposition to the plans.
4. Signed petitions from abutters and neighbors showing support was presented.
DECISION OF THE PETITION OF KATHLEEN WHOLLEY-TALANTIKITE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 34 WEST AVENUE
ROAD R-1
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state stature ordinances, codes and codes
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. Exterior finishes of the new construction shall be in harmony with the existing
structure.
5. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
6. A Certificate of Occupancy shall to be obtained.
Variance Granted
April 19, 2000
Richard Dionne, Member
Board of Appeals y
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DECISION OF THE PETITION OF KATHLEEN WHOOLEY-TALANTIKITE
REQUESTING A VARIANCE FOR THE PROPERTY 34 WEST AVENUE R-1
page three
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
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to
Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
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