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45 BUENA VISTA AVENUE - BUILDING JACKET�. 45 BUENA VISTA AVENUE R-1 � r' .� Chi of �&tticm, ass«rinlutts snnrd of _Aupeul SEP , C1? ii C: C. . ... .. it CG DECISION ON THE PETITION OF JOHN COUGHLIN FOR A VARIANCE AT 45 BUENA VISTA�AVEI (R-1 ) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonic, Edward Luzinski Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Variance from rear setback to allow construction of a deck in this R-1 district. The Variance which has been requested may be granted upon a finding of the Board that: 1 . 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. 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 . The petitioner represented himself and expressed his need for the Variance. 2. There was no opposition by neighbors or abutters. 3. That the granting of the Variance would enhance the quality of life for the petitioner. 4. The placement of the deck as proposed is the most feasible location for the deck. 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 in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the petitioner. Y t DECISION ON THE PETITION OF JOHN COUGHLIN FOR A 'V/ RIANCE AT 45 BUENA VISTA AVE. , SALEM page two 3. The relief requested can be granted without sA?tantia Ldetrirkent to the public good and without nullifying or substantially derogaiPnef rom the intent of the district or the Durpose of the Ordinande: r Therefore, the Zoning Board of Appeal unanimously, 5/0, to grant the variance requested, subject to the following conditions: 1 . The petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. That all construction shall be done as per the plans and dimensions submitted. 3. That a legal building permit be obtained by the petitioner. 4. That all requirements of the City of Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. Variance Granted August 21 , 1991 Richard Febonio, Member, Board of Appeal 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 61 t`e Mi'q. General Laws, Chapter 303. and shall be filed within 20 day! ,,::;r tb^ c!:.te of filing of this decision :n the office of the City C;:rk. i'UI - 6snnral Laws, Ch.lctn; 803, Section 11, tse vor:ance or .�.,i"I -""it panted herein shLil nJt tnl:e e!fect until a ccov of tho ...:.r ,!.1 ..`.c rrrhf!cation of tie City C'crtc that 20 days ha.: cu ::p;!e'I hol been fled, or that. if such appeal his been fled, t!•.-.t it lv.; bran or denied is re corded in the South Essax Rt tstry of Denis end indexed under [hc name or the owner of record or is recorded and noted as the o-wner's Certificate of Title. BOARD OF APPEAL