40 CEDARCREST AVENUE - FRIZZIE, NELLE - ZBA —7W
40 Cedarcrest Ave. R-1
Nelle Frizzie
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DECISION ON THE PETITION OF GALEN FRIZZIE FOR VARIANCES
AT 40 CEDARCREST AVENUE (R-1 )
A hearing of this petition was held November 16, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Febonio, Luzinski , Nutting
and Associate Member Dore. Notice of the hearing was sent to abutters and
others and notices of the hearing were properly advertised in the Salem Evening
News in accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting variances from side setback
requirements to allow construction of a two car garage in this R-1 district.
The Variance which has 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;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
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 at
hearing, and after viewing the plans, makes the following findings of fact:
1 . The proposed plan is in harmony with the surrounding neighborhood.
2. The proposed location is the best location for the proposed garage.
3. There was no opposition expressed to the plan at the hearing.
4. The existing plan was approved by the Conservation Commisson, with an
Order of Conditions.
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
and not the district generally.
2. Literal enforcement of the ordinance would work a substantial hardship
on the the petitioner.
3. The Variance 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.
J
DECISION ON THE PETITION OF GALEN FRIZZIE FOR A VARIANCE AT
40 CEDARCREST AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested subject to the following conditions:
1 . All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
2. All construction be done in strict accordance with the Order of Conditions
issued and modified by the City of Salem Conservation Commission.
3. All construction and dimensions be in accordance with the plans submitted
to the Board of Appeal and be in compliance with all city and state
building codes.
4. A Building Permit be obtained from the City of Salem Building Inspector
prior to any work being started.
5. Exterior of new construction be in harmony with the existing structure.
6. Property numbering from the City Assessor be obtained.
VARIANCE GRANTED
ames M. Fleming, Esq.
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
r.p-1^ol from this decision, if any, shall be made pursuant to Section 17 of
-.e Nass. General U,.t5, Chapter SOB. and shall be Wad within 20 days
;90 d%t: of lillr of this decision in the offic of the city clerk.
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11, the Variant.
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I"Jit, ii,ot ii !';s oeen d,_Im;ssed or Ufnled i- recerdad in 'i I'.J ^Uta E SWt
Rea.isuy of Deedc and indexed under the name or the owner of record at
is recorded and noted on tha owner's Certificate of Title.
BOARD OF APPEAL