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8 CRESSEY AVENUE - ZBA PATRICK & PATRICIA GRIFFIN 8 CRESSEY AVENUE (R=2) Cs� \ 6T -a ,"`� '°� Titu of Salem, CfEussacllusetts a ` qPR P 9 40 Nil �J DECISION ON THE PETITION OF PATRICK & PATRICIA GRkF;FIN ;FOR a ,YAR�gCE FOR THE PROPERTY LOCATED AT 8 CRESSEY AVENUE ( 2,)' ' A hearing on this petition was held April 19, 1995 with the following Board members present: Stephen Touchette, Chairman; Gary Barrette, Albert Hill, Nina Cohen and Arthur LaBrecque. 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 located at 8 Cressey Avenue request a Variance from rear setback to enable a 12' x 28' deck to be constructed. The relief 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 refuel 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 following findings of fact: 1. There was no opposition to the petition. 2. The granting of the petition will enhance the quality of life for the petitioners. 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. The request relief can be granted without substantial detriment to the public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the requested relief, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. DECISION OF THE PETITION OF PATRICK & PATRICIA GRIFFIN FOR =. VARIANCE AT 8 CRESSEY AVENUE, SALEM rage two All construction shall be done as per the plans and dimensions submitted. ? . All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. Petitioner shall obtain a building permit prior to beginning any construction. -Variance Granted April 19, 1995 L'SC/+�, Stephen C. TouCc'het/teuc/� �u Board of Appeal, 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 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 no 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 6- 2� r0 , — �5_: }- d � s s s c:n