4 ALLEN STREET - ZBA T 4 Allen St. R-2I
Dean Boucher
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DECISION ON THE PETITION OF DEAN BOUCHER FOR A VARIANCE AT
4 ALLEN STREET (R-2) CLART REALTY CORP. OWNER OF THE PROPERTY
A hearing on this petition was held August 24, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Luzinski, Nutting and Associates
Dore and LaBrecque. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly advertised in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner under agreement, is requesting a Variance from density and
setbacks to allow construction of a two family dwelling in this R-2 district.
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 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 of 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 . Lot area is 3,516 square feet whereas the minimum lot area in
an R-2 zone is 15,000 square feet;
2. There is no existing dwelling unit on the property which is
located in a congested area;
3. Petitioner, who did not own the property, proposed the construction
o; a two family dwlling on the land;
4. Councillor George Nowak was opposed to the proposal;
5. Nearby homeowners and abutters petitioned the Board to
grant the variance;
6. One abutter spoke in favor;
7 . Petitioner failed to demonstrate substantial 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:
DECISION ON THE PETITION OF DEAN BOUCHER (PETITIONER) FOR
A VARIANCE AT 4 ALLEN ST. (R-2) PROPERTY OWNED BY CLART REALTY CORP.
page two
1 . Special conditions do not exist which especially affect the land,
building or structure involved and not the district generally;
2. Literal enforcement of the Ordinance would not involve a substantial
hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment
to the public good or without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 1 to 4 (Mr. Fleming voted in favor)
against the granting of the requested variance, therefore the variance is
denied.
VARIANCE DENIED �)
Peter,Dore, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL F2^.1:1 THr DECISION, IF ANY, SHALL BE MAP- P:jP"ART TO SECT'ON 17 OF THE ? o^S,
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9F REGORu OR IS RECORDED AND NCiEJ 0i TrE u nEFS L'ERishG
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City of 6alem, Aagoacwkttg` ° f
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WARD COUNCILLORS
KEVIN R. HARVEY �{y
COUNCILLORS-AT-LARGE CIT V.' ALuG C:��}''��+S J. 1988
PRESIDENT GEORGE A.NOWAK
1988
JOSEPHINE R. FUSCO KEVIN R.HARVEY
DONALD T.BATES CITY CLERK VINCENT J.FURFARO
FRANCES J.GRACE LEONARD F.O'LEARY
NEIL J.HARRINGTON
GEORGE P.McCABE JEAN-GUY J. .HAYE EAU
SARAH M.HAYES
MARK E.BLAIR
August 18, 1988
Mr. James Fleming, Chairman
Board of Appeal
One Salem Green
Salem, MA. 01970
Dear Mr. Chairman and Members of the Board:
Regarding the petition of Dean Boucher to construct a two-family house
at 4 Allen Street, I feel that this request would create a hardship to the
immediate area, as well as to the neighborhood. The lot size is much too
small for a two family hone.
I would hope that the request is denied. Thank you for your consideration.
Very truly yours,
GEORGE A. TTCP 1W
COUNCILLOR WARD ONE;
GAN/deb
We, the undersigned, abutters and nearby homeowners to that certain
parcel of land located at 4 Allen Street, Salem, wish to be recorded
in favor of the granting of the Salem Board of Appeal of the variance
sought by Dean Boucher, which hearing is to be held on Rugust 24, 1988.
The reasons for the petitioning of said variance have been fully
explained to us and we are of the opinion that the granting of said
variance will in no way be detrimental to the public good and will
not derogate from the intent of the Zoning Ordinance
NAME ADDRESS
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Joseph F. Sullivan *Atm, 4a. 01970
Chief
City of Salem Re: 4 Allen Street
Board of Appeal Dean Boucher
One Salem Green Hearing date: August 24, 1988
The Salem Fire Department has no objection to the granting of a Variance
to allow construction of a two family dwelling at #4 Allen Street subject
to the following conditions:
1. Plans for the proposed construction are presented to the Fire
Prevention Bureau for approval prior to the issuance of a
building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, the
Salem City Ordinances, and Massachusetts General Laws, relative
to fire safety.
3. The developer shall maintain clear and adequate access to the
property for fire fighting operations.
4. The developer shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
5. The developer shall obtain and post proper street numbering from
the City Assessor in accordance with the city ordinance relative
to the numbering of buildings.
Signed,
Robert W. Turner,
Fire Marshal