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% <br />,. <br />BOIYD OF �DJUSZf1E11! <br />FIYDIMG3, COMCLUSIOr3 lMD ORDER <br />YIRI�MCE M0. 27-8T <br />Baaed upon the written request for a variance ft�om the City's zoning code by: <br />Mrs. Joan Squlexs <br />' 2101 McDougall Avenue <br />_, , Everett, MA 98201 <br />here�,nafter referred to as "Applicant," for a variance from E.M.C, <br />1g.42.020(A) and (B), Fencea, ta allow: <br />a 6—foot fence oloeer than 10 feet to the principal building on an <br />adjoining lot� and to allow a 6—foot fence in the tYont yard. <br />on the following describad property <br />Lots 1 and 2, Blook 441, Capitol H111 Addition <br />commonly known as: 2101 NeDougaZl <br />The Hoard of Adjuatment. following a public hearing on �aid application held <br />on July 6, 1987 and further having reviewed all testimony, mekes the <br />following Findinga, Concluaiona and Order: <br />FINDINGS AND CONCLUSIONS: <br />1, Tnat there have been exeeptional or extraordinary circumatance� or <br />conditions applying to the �ubject property or as tu the intended use <br />thereof that do not apply generally to other properties in the aame <br />vioinity or zone. <br />Findings The applicant�s home wa� built in 1911. 45 Years prior to <br />adoption of the uning code, on the back portion of the lot. Nith <br />eubsequent additiona in later years (predating the applicant'a <br />purchsae of the property), the �tructure was extended to the rear <br />;� property line abutting publia right-0f—�ray. The struoture on the <br />ad�oining property to the south abuta the epplicant'a property line� <br />i making it extremely difficult for her to fully utilize her properLy. <br />Moreover, the ll�ont portion of the lot ls wooded, which encourages <br />indigents, ohildren, and peopl.e walking their doga to treat the <br />property ae a public park. <br />Conclusion: The applicant has exceptional circumstances that do not <br />generally apply to other properties in the area. <br />2, That such variance is necessary for the preservation and enjoyment of <br />• a substantial property right of the appellant po��essed by the ownera <br />of other properties in the same vicinity or zone. <br />Finding: The zoning code allows a 42" fence on any property line <br />without a permit. Several other homea in the area, including the <br />homes directly acrosa fYom the applicant on NcDougal and on 21st <br />Street, have front yard fences higher than 42"� extending to the edge <br />of the sidewalk. Being one block east of Broadway� this neighbo�hood <br />le impacted by pedestrian trafflc and fence� are a mean� of <br />malntaining privacy. <br />