16 CHERRY HILL AVENUE - BUONFIGLIO, PAUL & MARIE - ZBA 16 Cherry Hill Ave. R-1
Paul & Marie Buonfiglio
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DECISION ON THE PETITION OF PAUL ,7 RIE BUONFIGLIO FOR ftW#IANCE
T LOT 214 ON CHERRY HILL AVENUE (R-1 )
CITY CLERK._,j IR. R4�_
hearing on this petition was held on June 29, 1988 with the following Bowra
Members present, James Fleming, Chairman; Richard A. Bencal, Vice-chairman;
John Nuttina, Secretary; Edward Luzinski and Associate Member Arthur LaBrecaue.
Notice of the hearing was sent to abutters and others and notice were
properly published in the Salem Evening News in accordance with the provisions
of Massachusetts General Laws, Chapter 40A.
Petitioners, owners of the property, are requesting a Variances to add parcel
A to lot 2 and frau rear setback to allow construction of a deck at Lot 214
on Cherry Hill Avenue in this R-1 zone.
,he Variance which has been requested may be granted upon a findinc of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which do not generally
affect other lands, buildings and structures in the same district;
b. a literal enforcement of the provisions of the Ordinance would
involve substantial hardship, financial or otherwise to the
to the petitioner; and
c. desirable relief rmy be granted without substantial detriment to
the public good and without nullifying or substantially derogatina
frau the Intent of the district or the purpose of the Ordinance.
'he Board cf Appeal , after hearing the evidence presented at th i�earina,
-ake=_ the followinQ finding of fact:
1 . No opposition was presented to the plan.
_. Support of the plan was voiced and letters were subtnittod.
3. The parcel of land to be transfered slopes down to the present owners
property.
4. The proposed deck will add to the enjo}=t and canfort of the
property in question.
the basis of the above findina_s of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
1 . Soecial conditions exist which affect the prerresis which do not
generally affect the district.
2. Literal enforcement of the Zoning Ordinance would involve a substantial
hardship upon the petitioner.
3. The variance requested can be granted without substantial detriment to
the public good and without substantially derogating frau the intent
DECISION ON THE PETITION OF 1771.
AT LOO 214 ON CHEDRY HILL ::. ",'E, -:.1
PAGE TWO
herefore, the Zoning Board of Aopeai voted �nan=cusiv f-0 to c_rant
the relief requested subject to t^.e foil
owinc nditicns:
1. All conditions of the Salem Fire Dept. relative to smoke and fire
Fire Safetv be adhered to.
2. Proper street n,snbering for lot 21_4 be cbtained from the Salem Citv
Assessors.
3. All construction be done as per the pians submitted and as per all
existing City and State Codes.
4. All set backs be as per the plans submitted.
GRANTED
Ri- hard A. Bmcal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
T^. r..;^": 17 OF THE W
OF REUORU UR
BOARD OF APPEAL
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