2 HILTON STREET - BUILDING INSPECTION 2 HILTON STREET
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DECISION OF THE PETITION OF RICHARD & ROSE GENTILE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 2 HILTON STREET (R-1)
A hearing on this petition was held June 28, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill,
Nina Cohen and Jospeh Ywuc. 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, owners of the property requests a Variance from maximum height
of a fence from 6 foot to 8 foot for the property located at 2 Hilton
Street. (R-1) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or 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 derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the fo3•lowing findings of fact:
1. Petitioner seeks a variance from the six foot height restriction to
construct an 8 foot fence on the property line between their home and
the adjacent house that is part of a new development on Hilton Street.
The new fence, to be 90 feet long, would be built where there is an
existing 3 foot chain fence.
2. Petitioner represented that the developer, Philip Singleton, had no
objection to the construction of the 8 foot fence between petitioner's
property and the adjacent property.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION OF THE PETIT''-ON OF RICHARD fi ROSE GENTILE A
VARIANCE FOR THE PROPERTY LOCATED AT 2 HILTON STREET fR-1 ;
page two
Therefore, the Zoning Board of Appeal voted 4-1 to grant the variance
requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations .
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
Variance Granted �I2�
June 28, 1995 .�✓/,v'��
Nina Cohen
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 of
the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and nv-appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South
Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal —
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PLAN OF LAND
SALEM PLANNING BOARD APPROVAL NOT
REQUIRED UNDER THE SUBDIVISION CONTROL SALEM , MASSACHUSETTS
LAW.
ESTATE OF GERTREL RIED
SCALE I" = 20 NOVEMBER 9 , 1990
PARSONS AND FAIA INC.
480 LINCOLN AVE.
I CERTIFY THAT THIS PLAN WAS PREPARED IN SAUGUS , MASS.
ACCORDANCE WITH THE RULES AND REGULATIONS
577
OF THE REGISTERS OF DEEDS. 0 20 40 60 80 100
DATE '.
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