402 ESSEX STREET - BUILDING JACKET 1
402 ESSEX STREET
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SALEM HASPoar t 0f LAypeal
MAY 23, 1979
DECISION ON PETITION SUBMITTED BY FRANK LITWIN CONCERNING PROPERTY LOCATED AT
402 ESSEX STREET (R-2 & B-1 Districts).
A hearing on this petition was held May 23, 1979 with the following members of
the Board present: James Boulger, Chairman; Arthur LaBrecque, Douglas Hopper,
Joseph Piemonte, and John Nutting. Notices were sent postpaid to abutters and
others and duly published in the Salem Evening News on May 9 and 16, 1979 in
accordance with Mass. General Laws.
Atty. Timothy Davern, represented the Petitioner before the Board to make legal
a condition that has existed for 10 years, namely, 1.)A Special Permit allowing
lot B (R-2 District) for continued use for parking and to be combined Lot B with
Lot D. 2.) Lot A has a residence on it, (for which the Owner has a purchase and
sales agreement). And request a variance from density regulations (R-2 District),
this will allow them to divide the land legally. There was no opposition..
The Board voted to grant the Special Permit on Lot B, for the requested parking,.
with the following restrictions that the lot be used for parking of operational
vehicles only, no dead storage, no trucks, no wrecks or damaged cars. Also,
the Board voted a Variance on the density requirement on Lot A to allow it to
remain residential.
The Board found that it could grant both the Special Permit and the Variance
requested, and that desirable relief may be granted without substantial detriment
to the surrounding neighborhood due to the special conditions affecting the
particular parcel of land,- Lot B- used as parking for the past 10 years, but
not affecting generally the Zoning District.
That this would not substantially derogate from the intent or purpose of such
zoning ordinance or by-law. Also that enforcement of the provisions of the zoning
ordinance of by-law would involve substantial hardship, financial, to the appellant.
Not allowing the parking on Lot "B" would be a hardship to the local residents who
presently use the lot for winter parking.
SPECIAL PERMIT (Lot B) and VARIANCE (Lot A) GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MACE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAYS, CHAPTER 808, AND SHALL BE FILED YIT IIIN 20 DAYS AFTER. THE DATE OF FILING
GF THIS DEC!S!C': IN THE OFFICE OF THE CITY CLERIC
PURSANT TO .'ASS, GE';ERAL L. .Z. CHAPTER ECc SCCTIJN 11, THE VARIANCE 02 SPECIAL PERMIT Jgmes H. Boulger, Jr. T
GRA11TED HEREIN. SII:kLL !s,'..T T:;'E ;:r' :1' L!'!T;L A MOY GF THEN ECU"i GEA'IN. THE CERT Ch2airman
FICATIUN OF THE CIT:' CLERS Ti LIT 29 liA $ H?'iC aWSED Ai0 No AI'P'EAL PAS CEEN FILED,
OR THAT, IF $9Cil All APPEAL HAS DEIN FB.E. THAI IT HAS OEEN D!S.','SED UR CEiUED IS -
RECORDED IN THE SOIITH ESSEX REOISIRY CF iEEDS ANO INaEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NUKED ON THE OWNER'S CERTIFICATE OF TITLE. -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.