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13 CROWDIS STREET - BUILDING JACKET � ` 13 CROWDIS STREET A s Jut 13 3 n PH '83 (9itV of Salem, assar4usetTaL' 1 TY i:r!l d. ,•t. '.IS S. PattrD of Aupeal DECISION ON THE PETITION OF JOSEPH A. ZAGROBSKI FOR A VARIANCE AT 6— _3 CROWDIS_ STREET (R,1) A hearing on this petition was held on July 5 , 1989 with the following Board Members present . James Fleming , Chairman , Richard Bencal , Vice Chairman , John Nutting , Secretary, Messrs . Richard Febonio and Edward Luzinski . 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. Petitioner , owner of the property , is requesting a variance to allow construction of an addition which will encroach on rear setbacks at 13 Crowdis Street . 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 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 consideration of the evidence presented at the hearing , and after viewing the plans , makes the following findings of fact : 1. No opposition was present . 2 . City Councilor Leonard O 'Leary spoke in favor . 3 . The addition to the structure is a kitchen which would enhance the quality of life for the said petitioner. 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 especially affect the subject property but not the district generally ; DECISION ON THE PETITION OF JOSEPH A. ZAGROBSKI FOR A VARIANCE AT 13 CROWDIS STREET (R-1) page two 2 . Literal enforcement of the Ordinance would work a substantial hardship on the petitioner ; 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 . Therefore , the Zoning Board of Appeal voted unanimously , 5-0 to grant the relief requested , subject to the following conditions : 1 . Petitioner must meet all requirements of the Salem Fire Department relative to smoke and fire safety ; 2 . All work must be done as per City and State Building Codes and with a legal Building Permit. 3 . All construction must be done as plans submitted . 4 . That it be built in harmony with the existing structure. VARIANCE GRANTED Richard T. Febonio , Board Member 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 Mass. General Laws Chapter 808,and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variarwe or Special Permit granted herein shall nal take effect until a copy of thb decision, bearing the certification of the City Clerk that 20 days have 3 elapsed and no appeal has been filed, or that, if such appeal has beard j filed,that it has been dismissed or denied is recorded in the South Essq Registry of Deeds and indexed under the name or the owner,pf[qtm Is recorded and noted on the owner's Certificate of Idle, BOARD OF APPEAU —