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DECISION ON THE PETITION OF PHILIP H. BERUBE (PETITIONER) ,
PETER WOURALIS (OWNER) FOR VARIANCES AT 40 20STON ST. (R-2)
A hearing on this petition was held March 15, 1989 with the following Board
Members present: James M. Fleming, Chairman; Messrs. , Bencal, Luzinski, Strout
and Nutting. 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.
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The petitioner is requesting variances from use and parking to allow the property
to used as a retail paint, wallpaper, decorating accessories and window treatment.
The property is located in an R-2 district and is owned by Peter Wouralis, the
petitioner is under a Purchase and Sale Agreement and was represented by Attorney
Anthony J. Turco.
The Variances which have 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 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 careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . Business and residential neighbors were in favor of the proposal;
2. The business generally serves 15 to 30 minute customers which will
not have a serious impact of the neighborhood and the parking situation;
3. The building is a commercial building in structure and it would not be
feasible to use it for residential use.
On the basis of the above findings of fact, and on the evidence presented, 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;
3. The Variances requested can be granted without substantial detriment and
without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
DECISION ON THE PETITION OF PHILIP H. BERUBE (PETITIONER) , PETER WOURALIS
(OWNER) FOR VARIANCES AT 40 BOSTON STREET, SALEM
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Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . All requirements of the Salem Fire Dept. relative to smoke and
fire safety are strictly adhered.
2. The use shall be for retail paint supply, wallpaper, decorating accessories
and window treatment.
3. The hours of operation shall be 7:30 a.m. to 5:00 p.m. , Monday - Saturday.
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4. Petitioner obtain limited parking on Boston Street;
5. Signage be approved by the Planning Dept. and in accordance with the
sign ordinance.
6. A Certificate of Occupancy be obtained.
7. All Construction be done as per the plans submitted.
GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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