24 CRESCENT DRIVE - ZBA 24 CRESCENT DRIVE
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Legal Notice
CITY OF' ALEM
BOARD OF APPEAL
745-9595 Ext.381
will hold a public hearing for all
persons interested in the petition sub-
mitted by ALBERT DELEON request- I
ing Variance from.side and rear set-
backs to construct a two-car garage Podoem,Atl.
with family room above for the prop- Fbusroe N.v:
erty located at 24 CRESCENT DRIVE. MCGmEY.DA. a
` Said hearing to be on WEDNESDAY, sry-LAL +
NOVEMBER 20,2002 AT 6:30 P.M., +raves,Nou +
120 WASHINGTON STREET, 3RD 'Piercesos
FLOOR,ROOM 313. lansxGS +
Nina Cohen,Chairman Nerem,o++r
(11/6,13) Masroum Ne
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' CITY OF SALEM MASSACHUSETTS
�ONDIT�
BOARD OF APPEAL CITY OF S�",LEM. MA
i A 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
i{GQ SALEM, MA 01970
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9gp ��t TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. 101 DEC -2 P Z. 38
MAYOR
DECISION OF THE PETITION OF ALBERT DELEON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 24 CRESCENT DRIVE R-1
A hearing on this petition was held November 20, 2002 with the following Board
Members present: Nina Cohen, Joan Boudreau, Stephen Harris, Nicholas Helides and
Richard Dionne. 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.
The petitioner is requesting a Variance from side and rear setbacks to construct a 2 car
garage with family room above for the property located at 24 Crescent Drive located in
an R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. Petitioner, Albert Deleon appeared with his Architect David Jaquith and
presented plans for a two -car garage with a family room above. Petitioner needs
variances from side and rear setbacks.
2. A petition was submitted with 7 names in favor of the petition was submitted.
3. Sharon Denano of Gallows Hill Road appeared to see the plans for the proposed
garage. Ms. Denano stated she was in favor of the petition.
4. There was no opposition.
1
}
DECISION OF THE PETITION OF ALBERT DELEON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 24 CRESCENT DRIVE R-1
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning 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 Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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 5-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per plans and dimension submitted and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
VARIANCE GRANTED
NOVEMBER 20, 2002
Nina Cohen
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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
5 November 2002
Mr. & Mrs. Alberto DeLeon
24 Crescent Drive
Salem, MA O1970
Re: Proposed Garage/Family Room Addition
Salem, Massachusetts
To The Salem Board Of Appeals:
Listed below are the abutters & neighbors who have reviewed without objections to the plans for the
proposed addition at 24 Crescent Drive, Salem, Massachusetts.
NAME ADDRESS
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