21 SUMMIT AVENUE - BUILDING INSPECTION 21 SUMMIT AVENUE
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DECISION ON THE PETITION OF SARA P. FIORE FOR A VARIANCE-AT 21 SUMMIT AVE. (R=2)
A hearing on this petition was held on January 17, 1990 with the following
Board Members present: James Fleming, Chairman, Richard Bencal, Vice Chairman,
Messrs. Richard Febonio, Edward Luzinski and Peter Dore. 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, representing themselves, are requesting a variance from use,
density and parking to allow three family dwelling at 21 Summit Ave. (R-2)
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which expecially
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 consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1. No opposition was present.
2. A letter from Counselor David Gaudreault spoke in favor of.
3. Neighbors spoke in favor of.
4. The structure would enhance the property and quality of life
for the said petitioner.
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 the district generally;
2. Literal enforcement of the Ordinance would work a substantial
hardship on the petitioner;
DECISION ON THE PETITION OF SARA P. FIORE FOR A VARIANCE AT 21 SUMMIT AVE. (R-2)
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
relief requested, subject to the following conditions:
1. All construction must be done as plans submitted and by City and
State Building Codes.
2. All requirements of the Salem Fire Department relative to smoke
and fire safety be adhered to.
3. Certificate of occupancy be obtained.
VARIANCE GRANTED
Richard T. Febonio, Board Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be mode pursuant to Section 17 of
the Klass. General Laws, Chanter SG', and shall be filed within 20 days
attar tiia data of filing of tl,ic de r:.on '.n the olf ice of the City Clark.
Pcr•. i,ant m P.L s� Geis "" ^-1 on 11, the V:viance
or >:.1 'r.rmd ;+.r.,n.e 1 i L ,e, df-_t t ntil n copy of the
dccison. I:^•.rmr 11'_ r'.r:'fic. in .r _ C,t,/ C:`rk Rrrt 20 days have
elapsed and nu 'IDFC'�l hs; i that, it such appeal has been
filed, that it I I.e^n d.-a' ' �• -"'<! is recorded in the South Essex
Registry of 0ccc': and indexc:l unr',r the ri:mc or the owner of record o&
Is recorded and noted on the o.:ner's Certificate of Title.
BOARD OF APPEAL'