16,214 CHERRY HILL AVENUE - BUONFIGLIO, PAUL & MARIE - ZBA L 214 Cherry Hill Ave.
Paul & Marie Buonfiglio
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CITY CLERK.SALEM,HASS.
CITY CLERK. SA_! K. kASS.
DECISION ON THE PETITION OF PAUL & MARIE BUONFIGL70
FOR A VARIANCE AT 16 CHERRY HILL AVE. (R-1 )
A hearing on this petition was held July 29, 1987 with the following Board Members
present: James Hacker, Chairman; Richard A. Bencal, Secretary, Messrs. , Luzinski,
Fleming and Associate Member LaBrecque. Notice of the hearing was sent to abutters
and others and notices of the hearing were prcperly published in the Salem
Evening News in accordance with Massachusetts General Laws Chapter 40P..
Petitioners are requesting a Variance from lot area to allow construction of
a single family dwelling in the this R-1 zone.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. soecia'_ conditions and circumstances exist which especially affect .
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures is the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . The lot in question is unique in size and shape;
2. No opposition was raised.
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
but not district generally;
2. Literal enforcement of the Ordinance would work a substantial
hardship on the petitioner;
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.
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DECISION ON THE PETITION OF PAUL & MARIE BUONFIGLIO FOR
A VARIANCE AT 16 CHERRY HILL AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1 . All construction be done as per existing City and State Builcing Code=_;
2. All requirements of the Salem Fire Dept. in its letter to the Board
be adhered to;
3. Property. street numbering be obtained from the Salem Assessors Office;
4 . All construction be done in compliance with all provisions of the
current Zoning Ordinance except .for _lot size;
5. A Certificate of Occupancy be obtained.
VARIANCE GRANTED
Richard A. Bencal,-Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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