5 CEDAR HILL ROAD - BUILDING INSPECTION 5 CEDAR HILL ROAD
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DECISION ON THE FETI,TION-OF-LEON- JACKSON & CHERYL CARFAGNO FOR
VARIANCE AT��5 CED R_HILL..ROAD_(R,'-1 )
A hearing on this petition was held June 26, 1991 ,with the following Board Members
present: Richard Sencal, Chairman; Richard Febonio, Edward Luzinski, Mary Jane
Stirgwolt and Associate Member Ronald Plante. 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 Massachusetrs General Laws Chapter 40A.
Petitioners, owners of the property, are requesting a Variance from side setback
requirements to allow construction of an addition in this R-1 district.
The Variance which has been requested can 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 to this petition.
2. The proposed addition would enhance the petitioners quality of life.
3. This is the most feasible location for the proposed addition.
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 on the petitioners.
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; CE LEON JACKSON & CHERYL C„RFAGNO
FOR VARIANCE AT 5 CEDAR HILL ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
All construction be done as per the plans and dimensions submitted.
2. all construction be in compliance with city and state building codes.
3. Exterior finishes of the proposed addition be compatible with the existing
structure.
4. A building permit be obtained.
5. A Certificate of Occupancy be obtained.
6. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
Variance Granted
June 26, 1991
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Richard Febonio, Member, board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
ction
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Appeal from this decision, if any, shall ani h ll ber filed withiniit20 dys 17
E71 tlt
u: the Mass. General Laws, Chapter 80$,
-'� :.;ter the dato.of filing of this decision in the otlice of the City Clerk.
Ch]nter aos. Section 11, the variance
e
Pursuant to Mess. General Laws,
?pedal Permit gran,ed herein shad not lake ^_.tett until a COPY the L•cM, City Clark that nave
sic-rsion, arthe ceriiflcation o. o 0 (IJ
ihas been
67
clapsed and no appeal has been tiled, or tint, it such a, peg
111-0, that it has been dismissed c. nemod r the owner of record or
i s recorded ithe South Essex
'-� Registry of Deeds and indexed under the name oo
L�
L is recorded and noted*n the 0's Certificate of Title.
.� BOARD OF APPEAL