21 CUSHING STREET - ZBA t-21 CUSHING STREET t
BISCAIA PAUL
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] Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595,M.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by Paul Biscaia requesting
Variances from side yard setback to
construct addition and Variance
from rear yard setback to construct
shed for the property at 21 Cushing
Street R-1.Said hearing to be held j
Wednesday, April 25, 2001 at 6,30
` P.M.,One Salem Green,2nd Floor.
Nina Cohen,Chairman
(4/11,18)
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CITY OF SALEM, MA
Noarb of Zippeal CLERK'S OFFICE
-1001 MAY -3 P 2. 44
DECISION OF THE PETITION OF PAUL G. BISCAIA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 21 CUSHING STREET R1
A hearing on this petition was held April 25, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and
James Hacker. 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 Variances from side yard setback to construct addition for
the property located at 21 Cushing Street R-1.
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. The petitioner, Paul G. Biscaia, is the owner of the property located at 21 Cushing
Street. Mr. Biscaia presented the petition.
2. The petitioner seeks a variance from the side yard setback to allow the construction
of a second level over the existing house, a one-story kitchen addition, a 2-car
garage with family room over. The proposed garage with family room above will be
5' from the side lot line of the property.
3. Mr. Biscaia indicated that his family is growing and requires more room than the
existing cape offers. The proposed construction would change the style of the home
to a colonial with an attached 2-car garage with a family room above.
4. Ms. Sally Hayes, the Ward 6 Councillor, spoke in support of the requested variance.
DECISION OF THE PETITION OF PAUL G. BISCAIA REQUESTING A
f
DECISION OF THE PETITION OF PAUL G. BISCAIA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 21 CUSHING STREET R1
page two
5. No opposition to the requested variance was presented.
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 statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing
construction.
7. Petitioner is to obtain approval from any City Boards or Commission having
jurisdiction including, but not limited to, the Planning Board.
Variance Granted
April25, 2001 Ccsv,
Stephen Buczko, Member
Board of Appeal
t
DECISION OF THE PETITION OF PAUL G. BISCAIA REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 21 CUSHING STREET R-1
page three
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
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