12 CEDARCREST AVENUE - POIRIER, JEAN - ZBA 12 Cedarcrest Ave. R-1
Jean Poirier (Petitioner)
Blance Allain (Owner) — - - — - '---- -- -
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CITY CLERK.SALEH. y_SS.
DECISION ON THE PETITION OF JEAN POIRIER FOR VARIANCES
AT 12 CEDARCREST AVENUE (R-1 )
A hearing on this petition was held May 27, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout.
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, represented by Attorney William DiMento, seeks Variances from lot
size, frontage and rear setback to allow the property at 2 Cedarcrest Avenue to
be divided, and to construct a single family dwelling on lot A, as shown on the
plans submitted. The property is located in an R-1 district. '
The Variances,which have been requested may be granted upon a finding of the
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 structures in the same district;
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b. literal enforcement of the provisions of the Zoning Ordinance would involve
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:
iI 1 . The two new lots to be created are representative in size
to the other lots in the neighborhood;
2. The existing topography dictates that this is the best use
of the locus;
3. No opposition was expressed to the petition at the public hearing.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
d 1 . Special conditions exist which especially affect the property in
question but do not generally affect other lands in the same district;
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioner;
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DECISION ON THE PETITION OF JEAN POIRIER FOR VARIANCES
AT 12 CEDARCREST AVE. , SALEM
page two
3. The relief requested 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
i
Variances requested allowing the subdivision of the lot as per the plans submitted,
with Lot B having an area of 14,435 square feet and Lot A having an area of
8,438 square feet, a frontage of 08.65 feet, and a rear setback of 16.47 feet,
subject to the following conditions:
1 . That the petitioner secure the required building and occupancy
permits from the Salem Building Inspector;
2. That the petitioner secure proper numbering for the proposed
single family dwelling to be built on Lot A from the Salen,
Board of Assessors;
3. That all construction be done in accordance with the provisions of
the Massachusetts Building Code and be built as per the plans
submitted to the Board;
4. That the petitioner adhere to all the requirements of the Salem Fire
e Department, relative to fire safety.
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VARIANCES GRANTED
James M. Fleming, Esq.
Vice Chairman, Board of Appeal
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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 POP.SUANT.TO SECTIC'V 17 OF THE MASS.
G Ek-RQ 1-9,%S. CH=.PTEF SCS. A.."iD S4=. L EE FILED' 1".ITH :I 2D DAYS AFTER THE DATE OF FILGw
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OR THAT, IF SUCH AN APPEAL HAS BEENRLE. THAT IT HAS 6"E". OR IS
RECORDED It: THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA:.:E OF THE ONNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
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