26 CHERRY HILL AVENUE - PAECHT, STEVEN - ZBA 26 Cherry Hill Ave. g_1
City of Salem (Owner)
Steven Paecht (Petitioner) -
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DECISION ON THE PETITION OF STEVEN PAECHT FOR A
VARIANCE FOR 26 CHERRY HILL AVE. , SALEM (R-1 ) m W
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A hearing on this petition was held March 20, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Gauthier, Luzinski, Strout and
Associate Member Bencal. 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 is requesting a Variance from lot width in order to construct a
single family dwelling in R-1 district. The City of Salem is currently the owner
of the property.
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 in-
volve substantial hardship, financial or otherwise, to 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 at the
hearing and after viewing plans of the property, makes the following findings
of fact:
1 . There was neighborhood opposition;
2. Planning Board objected to petitioner's plan;
3. Most property in the area had more that fifty (50) foot frontage;
4. Petitioner failed to establish hardship.
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 . Literal enforcement of the Zoning Ordinance would not involve substantial
hardship to the petitioner;
2. Desire relief cannot be granted without substantial detriment to the
public good or without substantially derogating from the intent or
purpose of the Zoning Ordinance.
DECISION ON THE PETITION OF STEVEN PAECHT FOR A
VARIANCE AT 26 CHERRY HILL AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted 4 -1 to deny petitioners request
for a Variance from lot width. Mr. Bencal voted in favor.
VARIANCE DENIED
4�ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APP=AL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
CE ZRAL LA".S, CHAPTER 808, AND SHALL BE FILED W'iTHIN 20 DAYS AFTER THE DATE OF FILING^F TRiS D=CISION IN THE OFFICE OF THE CITY CLERK. _
TO ;.;ASS FEYER.AL LAYS, CHAPTER SOB. SECTI^N 11, THE VARIANCE OR SPECIAL PER'.!IT
9 hE .- SAL' N.:1 `(E EFFECT UNM A COPY OF THE^cCi F :S. 6 R. THE CERT
,JID:: ,F iH-' 1HA 20 DABS HAVE ELAr ED AN) NO APPEAL HAS Er..; FILED,
::R 'IHA'.. IF SC�H AN APPEAL HAS BEEN FILE, THA, IT FAS 6EEN D :S ISS:D LR CErL ED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA,AE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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