36 CROWDIS STREET - ZBA 36 Crowdis St. R-1 ,
f� ` Richard J.;"Femino
DATE OF HEARING l�
PETITIONER
LOCATION
MOTION: TO GRANT I SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
70 CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
RICHARD FEBONIO
FRANCIS GREALISH
EDWARD LUZINSKI
STEPHEN TOUCHETTE
ASSOCIATE MEMBERS
RONALD PLANTS
ARTHUR LABRECOUE
CONDITIONS:
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DECISION ON THE PETITION OF RICHARD FEMINO FOR A VARIANCr.�"J'_
AT 36 CROWDIS STREET ( R-1 ) s Y �✓
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A hearing on this petition was held May 20 , 1992 with the %,-Y
following Board Members present : Richard A. Bencal , �
Chairman, Richard Febonio, Francis Grealish, Stephen
Touchette , and Associate Member Ronald Plante . 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 variance
from frontage to allow lot to be divided and to construct a
single family dwelling in this R-1 district .
The Variance which has been requested may be granted upon a
finding by this Board that :
r
1 . Special conditions and circumstances mstances exist which
especially affect the land, building or structure involved
and which are not generally affecting other lands ,
buildings and structures involved.
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 derogating from the intent of the district or
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 . The new lots would be closer in size to lots presently in the area
and would- have more frontage than most other lots in the area.
2 . The lot could not be divided any other way without
causing more setback or frontage problems .
'R
DECISION ON THE PETITION OF RICHARD FEMINO
FOR A VARIANCE AT 36 CROWDIS STREET, SALEM
page two
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 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 unanimously,
5-0 , to grant the Variances requested, subject to the
foiiowing conditions :
1 . Petitioner shall comply with all city and state
statutes , ordinances , codes and regulations .
2 . All contruction shall be done as per the plans and
dimensions submitted.
3 . Petitioner shall comply with all requirements of the
Salem Fire Department relative to smoke and fire safety.
4 . Petitioner shall obtain a legal building permit from
the City of Salem Building Inspector .
5 . Proper street number shall be obtained from the City of
Salem Assessor' s Office.
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DECISION ON THE PETITION OF RICHARD FEMINO
FOR VARIANCES AT 36 CROWDIS STREET, SALEM
page three
VARIANCE GRANTED
May 20 , 1992
Richard Bencal , Chairman
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 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.
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DECISION ON THE PETITION OF RICHARD FEMINO FOR A VARIANC P
AT 36 CROWDIS STREET ( R-1 )
A hearing on this petition was held May 20 , 1992 with the ,S '
following Board Members present : Richard A. Bencal ,
Chairman, Richard Febonio, Francis Grealish, Stephen r
Touchette , and Associate Member Ronald Plante . 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 variance
from frontage to allow lot to be divided and to construct a
single family dwelling in this R-1 district .
The Variance which has been requested may be granted upon a
finding by this Board that :
I . 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 involved.
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 derogating from the intent of the district or
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 . The new lots would be closer in size to lots presently in the area
and would• have more frontage than most other lots in the area.
2 . The lot could not be divided any other way without
causing more setback or frontage problems .
DECISION ON THE PETITION OF RICHARD FEMINO
FOR A VARIANCE AT 36 CROWDIS STREET, SALEM
page two
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 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 unanimously,
5-0 , to grant the Variances requested, subject to the
ioiiowing conditions :
1 . Petitioner shall comply with all city and state
statutes , ordinances , codes and regulations .
2 . All contruction shall be done as per the plans and
dimensions submitted.
3 . Petitioner shall comply with all requirements of the
Salem Fire Department relative to smoke and fire safety.
4 . Petitioner shall obtain a legal building permit from
the City of Salem Building Inspector.
5 . Proper street number shall be obtained from the City of
Salem Assessor ' s Office.
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DECISION ON THE PETITION OF RICHARD FEMINO
FOR VARIANCES AT 36 CROWDIS STREET, SALEM
page three
VARIANCE GRANTED
May 20 , 1992
i
J
Richard Bencal , Chairman
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 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.
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DECISION ON THE PETITION OF RICHARD FEMINO FOR A VARIANC'l�s
AT 36 CROWDIS STREET ( R-1 )
A hearing on this petition was held May 20 , 1992 with the ti
following Board Members present : Richard A. Bencal , T'cP
Chairman, Richard Febonio, Francis Grealish, Stephen
Touchette , and Associate Member Ronald Plante . 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 variance
from frontage to allow lot to be divided and to construct a
single family dwelling in this R-1 district .
The Variance which has been requested may be granted upon a
finding by 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 lands ,
buildings and structures involved.
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 derogating from the intent of the district or
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 . The new lots would be closer in size to lots presently in the area
and could have more frontage than most other lots in the area.
2 . The lot could not be divided any other way without
causing more setback or frontage problems .
DECISION ON THE PETITION OF RICHARD FEMINO
FOR A VARIANCE AT 36 CROWDIS STREET, SALEM
page two
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 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 unanimously,
5-0 , to grant the Variances requested, subject to the
foiiowing conditions :
1 . Petitioner shall comply with all city and state
statutes , ordinances , codes and regulations .
2 . All contruction shall be done as per the plans and
dimensions submitted.
3 . Petitioner shall comply with all requirements of the
Salem Fire Department relative to smoke and fire safety.
4 . Petitioner shall obtain a legal building permit from
the City of Salem Building Inspector.
5 . Proper street number shall be obtained from the City of
Salem Assessor' s office .
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DECISION ON THE PETITION OF RICHARD FEMINO
FOR VARIANCES AT 36 CROWDIS STREET, SALEM
page three
VARIANCE GRANTED
May 20 , 1992 l
J
Richard Bencal , Chairman
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 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.
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DECISION
DECISION ON THE PETITION OF RICHARD FEMINO FOR A VARIANC J;
AT 36 CROWDIS STREET ( R-1 )
Ci'^-tom Ad
A hearing on this petition was held May 20 , 1992 with the
following Board Members present : Richard A. Bencal , T .J r'
Chairman , Richard Febonio , Francis Grealish, Stephen
Touchette , and Associate Member Ronald Plante . 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 variance
from frontage to allow lot to be divided and to construct a
single family dwelling in this R-1 district .
The Variance which has been requested may be granted upon a
finding by 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 lands ,
buildings and structures involved.
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 derogating from the intent of the district or
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 . The new lots would be closer in size to lots presently in the area
and would have more frontage than most other lots in the area.
2 . The lot could not be divided any other way without
causing more setback or frontage problems .
DECISION ON THE PETITION OF RICHARD FEMINO
FOR A VARIANCE AT 36 CROWDIS STREET, SALEM
page two
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 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 unanimously,
5-0 , to grant the Variances requested, subject to the
ioiiowing conditions :
1 . Petitioner shall comply with all city and state
statutes , ordinances , codes and regulations .
2 . All contruction shall be done as per the plans and
dimensions submitted.
3 . Petitioner shall comply with all requirements of the
Salem Fire Department relative to smoke and fire safety.
4 . Petitioner shall obtain a legal building permit from
the City of Salem Building Inspector.
5 . Proper street number shall be obtained from the City of
Salem Assessor ' s Office.
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DECISION ON THE PETITION OF RICHARD FEMINO
FOR VARIANCES AT 36 CROWDIS STREET, SALEM
page three
VARIANCE GRANTED
May 20 , 1992
Richard Bencal , Chairman
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 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.
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Tity of `tt vm, cfflttssadjusetts
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June 3, 1992
Notice is hereby given that as of this date the decision of
the Board of"Appeal has been filed in the office of the City
Clerk to grant the petition of Richard Femin6 for a Variance
at 36 Crowdis St.rallow property to be divided and to construct
a single family dwelling: ::;
BOARD OF APPEAL
Br.ehda M. Sumrall
Clerk of the Board
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.
, au,-:pit to Mass. General Laws, Chapter 808, section i i, the Variance
o :",:anal Permit granted herein shall not take effect until a copy of the
decision, ",ring the certification of the City Clerk that 20 days have
eiapsec 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 Esse)(
Registry of Deeds and indexed under the name or the owner of record or
is., recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
a�
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TO THE BOARD OF APPEALS:
the Undersigned represent that he are `he owners of 3 certain Darcei of land located
300
t f10. . . . 36. Crow
dis Street; S3nina District. . .:
. . . . . . . . . . . . . . . . . . . . . .
R1 Sinp le family and <_aid Darcel is affected by Sectionlsl . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Frontage
Richard J. Femino
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . 36 Crowdis St : , . Salem, .MA 01970
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone. , 508-744-0459
. . . . . . . . . . . . . . . . . .
Petitioner. Richard J; , TEJU ll-0 . . . . . . . . . . . .
Address. . . . 36 Crowdis St: r Salem,, ,MA 01970
Date. . 4/3/92 . . . . . . . . . . . . 508-744-0459
By. .rYcilC4 k{ �.fiv �. . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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REFERENCE. — C A W DJ S STREET '.
DEED: CSR-7. 0 F -r,-TLE H 4 3 ZO PLOT PLAN OF LAND
PLAN:
LOCATED IN
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PREPARED FOR
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AE RE6. PROFESSIONAL LADS
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GAIL 209 WASHINGTON ST -SALEM,MA.
SMITH
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APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . . .
�• paarb of A}pral
J�
TO THE BOARD OF APPEALS:
The Undersigned represent that i,e ,re :he owners or certain oarcei ;r lana located
3t '.0. . . . . . . .36 Crowdis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..trees: ___,m nd District. . . . . .
R1 Sin le fam l ana saia oarcei ' i arfec:'_7 D'/ _2ct,dnl 5 . . . . . . . . . .
of the Massacnusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector cr Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for theLlow—q!g
reasons:
N N
Direct Appeal
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Frontage
Owner. . . . . ,Richard, J, , Femino , , . . . . . . . . . .
Address. . . ,36, Crowdis, At, S,a1ep� MQ. 0197(
Telephone. ,508-744.;0459, , , , , , , , , , , , , , , , , , ,
Petitioner. .
Richard. . . .J. . Femino , , , , , , , , , , , ,
. . . . . . .
Address. . . .36 Crowdis. StSalem,, 1A& 0197(
Date. . 4/.3/92 508-744-0459
Be4Y
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four weeks prior to the meeting of the Board of Appeals. Check payable to The
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CITY OF SALEM
BOARD OF APPEAL CITY OF SALEM
745.9595 Ext. 381 BOARD OF APPEAL
j Will hold a public(tearing for all persons inter- 745-9595 Ext. 381
ested in the petition submitted by RICIIARD Will hold a public hearing for all persons inter- -
FE611NO for a Variance from frontage to allow ested in the petition submitted by RICHARD
lot to be divided and to cen5lruel a single Jamil FEMINO for a Variance from frontage to allow
home a[ 36 CRO{{'UIS S'1'. siru Said hearing to lot to be divided and to construct a single family
beheld WEDNESDAY,MAY 20,1992 at 7:00 P.aL, home at 36 CROR'UIS S'1'. (11-1) Said hearing to
ONE SALEM GREEN, 2nd floor. beheld WEDNESDAY,M,1V211,19(12x17:001'.61., -
RICIIARD A. HENCAL, Chairman ` ONE SALEM GREEN, 2nd 110or.
May B, 13, 1992 RICHARD A. HENCAL, Chairman
SN70862 May 6, 13, 1992
_-- - - SN70862
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
(9Tttl IIf "hlrm, M55cari mSPff5
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TO THE BOARD OF APPEALS:
The Undersigned represent that i,e are .he owners of -- c=_rtain Darcei of land locatea
at 110. . . . . . . . . . .36. Crowdis , , , . . . . . . . . .Street; -.)nina District. . . . . .
R1 Single, family, , , , . . .
and said Darcei is affected by =ecticnts ?
. . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the �0141owpig
reasons: Mt.
Direct Appeal
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Frontage
Owner. . . . I .Richard J; , Femino , , , , , , , , . , ,
Address. . . .3. Crowdis, St .. , , S,a) � ,, ,N1Q. 01970
Telephone. .50.8.-74.4.-.045.9. . . . . . . . . . . . . . . . . . .
Richard J . Femino
Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address . . . .36 Crowdis St. , Salem,, MA. 01970
Date. . . . . . . . . . . . . . / 508-744-0459
Belerpone
�fRNv�n. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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BOARD OF ASSESSORS
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SUBJECT PROPERTY: PIAP. '14 LT.-O 0075 FF.SU20-1
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DECISION ON THE PET I T I O,IN- OIF�; 4/7&0/ 0 1
FOR A VARIANCE AT _34 5Y- �/c /)
A HEARING ON THIS PETITION WAS HELD ON/� O ,4 //< Z
WITH THE FOLLOWING BOARD MEMBERS PRESENT: RICHARD A. BENCAL .
CHAIRMAN ; V FRANCIS X.
GREALISH, SECRETARY : RICHARD FEBONIO ; STEPHEN TOUCHETTE AND
ASSOCIATE MEMBER RONALD PLANTE.
NOTICE OF THE HEARING WAS SENT TO ABUTTERS AND OTHERS , AND
NOTICES WERE PROPERLY PUBLISHED IN THE SALEM EVENING NEWS IN
ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS CHAPTER 40A.
PETITIONER IS REQUESTING A VARIANCE FROM
G% �
IN ORDER TO &edOw TO a Geri
IN THIS ( ZONE.
THE VARIANCE WHICH HAS BEEN REQUESTED MAY BE GRANTED UPON A
FINDING BY 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 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 DEROGATING FROM THE INTENT OF THE DISTRICT
OR THE PURPOSE OF THE ORDINANCE.
THE BOARD OF APPEAL. AFTER CAREFUL CONSIDERATION OF THE
EVIDENCE PRESENTED AT THE HEARING MAKES THE FOLLOWING
FINDINGS OF FACT:
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 IN GENERAL ;
2 . LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONING
ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP TO THE
PETITIONER ;
3 . 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.
THEREFORE. THE ZONING BOARD OF APPEALS VOTED �� T0f%e�-
THE VARIANCE REQUESTED SUBJECT TO THE FOLLOWIIN.GG CON/D-IITId NS :
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