0 CHERRY HILL AVENUE - LOT 214 - BUILDING INSPECTION LOT 11 214 CHERRY HILL AVENUE, .t c
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DECISION ON THE PETITION OF PAUL N. & MARIE BUONFIGLIO FOR F4LVWIANCE
AT Lor 214 ON CHERRY HILL AVENUE I(R-1)
OITY CLARK,ZAL[H. A4�.
A hearing on this petition was held on June 29, 1988 with the following Board
Members present, James Fleming, Chairman; Richard A. Bencal, Vice-Chairman;
John Nutting, Secretary; Edward Luzinski and Associate Member Arthur LaBrecque.
Notice of the hearing was sent to abutters and others and notice were
properly published in the Salm Evening News in accordance with the provisions
of Massachusetts General Laws, Chapter 40A.
Petitioners, owners of the property, are requesting a Variances to add parcel
A to lot 2 and from rear setback to allow construction of a deck at Lot 214
on Cherry Hill Avenue 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 do not generally
affect other lands, buildings and structures in the same district;
b. a literal enforcement of the provisions of the Ordinance would
involve substantial hardship, financial or otherwise to the
to the petitioner; and
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 hearing the evidence presented at the hearing,
makes the following finding of fact:
1. No opposition was presented to the plan.
2. Support of the plan was voiced and letters were submitted.
3. The parcel of land to be transfered slopes down to the present owners
property.
4. The proposed deck will add to the enjoyment and comfort of the
property in question.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
1. Special conditions exist which affect the premesis which do not
generally affect the district.
2. Literal enforcement of the Zoning Ordinance would involve a substantial
hardship upon the petitioner.
3. The variance requested can be granted without substantial detriment to
the public good and without substantially derogating from the intent
of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF PAUL N. 5 MARIE BUONFIGLIO FOR A VARIANCE
AT LOT 214 ON CHERRY HILL AVENUE, SALE74
PAGE TWO
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant
the relief requested subject to the following conditions:
1. All conditions of the Salem Fire Dept. relative to smoke and fire
Fire Safety be adhered to.
2. Proper street numbering for lot 214 be obtained from the Salem City
Assessors.
3. All construction be done as per the plans submitted and as per all
existing City and State Codes.
4. All set backs be as per the plans submitted.
GRANTED
Ri hard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO"•° THIS DECISIC'!. IF k':Y. SF'AIL BE "ADE PUP-,'',NT TO SECTION 17 OF THE M:A°.S.
GENERAL LA'?.S. rf'.Pi Ei. EC 3. A!iD S"LL'_ C` F._,.7 t:C7'''• _0 DAYS AFTER THE DATE OF FI'_-.
OF Trl!S I: �c -
THE 1.
RE _D I:i
OF REOORU OR IS RELOROEO A1W .J "N l �N FILAIE OF TITLE.
BOARD OF APPFAL