31-33 CEDAR STREET - JALBERT, LEON - ZBA 31-33 Cedar. St. R-2
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DECISION ON THE PETITION OF LEON JALBERT FOR A VARIANCE
FOR 31 -33 CEDAR STREET (R-2)
A hearing on this petition was held July 29, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Associate
Member 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, is requesting a Variance from density and
setbacks to allow property to be divided and to construct a two family dwelling
on Lot A. Property is located in an R-2-dis-£rict.
The Variance which has been-requested may be granted upon a finding of the
Board that:
a _
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 structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involy
substantial hardship, financial or otherwise, to the petitioner; and
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 or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . Dividing of the large lot will produce two small lots that
will be consistent and in harmony with other lots in the area;
2. When originally purchased by the petitioner it was two lots, as
shown on the Assessor's Map;
3. The neighborhood is primarily a two family neighborhood;
4. Petitioner has owned this parcel for over thirty (30) years,
which predates the current Zoning Ordinance;
5• No major opposition.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would work a substantial
hardship on the petitioner; and
3. The relief requested can be granted without detriment and without
nullifying or substantially derogating from the public good, intent of
the district or purpose of the Ordinance.
IF DECISION ON THE PETITION OF LEON JALBERT FOR A VARIANCE
FOR 31-33 CEDAR STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . A preconstruction survey must be made of the retaining wall located
at the rear of this property which abuts numbers 6 & 8 Fairfield St.
2. Written agreement must be made between petitioner and the owners of
numbers 6 & 8 Fairfield St. holding said owners harmless in the event
any damage to the retaining wall is caused as a direct result of
construction of this proposed dwelling. Said contract shall place the
entire burden and cost e_' repairing said retaining wall on the petitioner.
The contract must be signed prior to construction.
3. In the event this property is sold or transferred or is no longer
maintained under common ownership, a right of way must be obtained to
allow three (3) parking spaces for each lot, for a total of six (6)
parking spaces, on site;
4. Six (6) parking spaces be maintained as per plans;
5. Dwelling to be built as per plans submitted;
6. A building permit must be obtained prior to the commencement of
any construction;
7. Petitioner comply with all requirements of the Salem Fire
Prevention Bureau;
8. A Certificate of Occupancy be obtained.
VARIANCE GRANTED o
i
I
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. 1F ANY, SHALL BE IMAGE PURSUANT TO SECTION 17 OF THE MADS.
GENERAL LAMS. CHAPTER S38. AND SHALL BE FLED :1I7cIN '0 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
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STREET PROPOSED PLOT PLAN
CEDARSALEM MASSACHUSETTS
SCALE : I "=20 JUNE 2511987
PARSONS AND FAIA INC.
480 LINCOLN AVE .
SAUGUS , MASS .
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