126 128 130 BOSTON STREET - ZBA /126,128,130
Boston St. R-2
/ I Robert E. Gauthier
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AMENDED DECISION ON THE PETITION OF ROBERT E. GAUTHIER FOR A VARIANCE
AT 126-128-130 BOSTON STREET (R-2)
A hearing on this petition was held on April 27, 1988 with the following Board
members present: Vice chairman, James M. Fleming; Secretary, Richard A. Bencal;
Messrs. , Peter Strout, Edward Luzinski, and Associate Member Arthur LaBreque.
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, owner of the property is requesting a Variance to allow construction
of a duplex and to allow more than one building on one lot at 126, 128, and
130 Boston st. and on the Beaver St. side of the property and from density
in this R-2 zone.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially effect
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 hearing the evidence presented at the hearing and
after viewing the plans, makes the following findings of fact;
1. Support of the plan was voiced by the ward councillor and one
neighbor.
2. No opposition was presented.
3. The property has been in the continual ownership of the petition
or his family for many years.
4. The addition of two housing units would be a benefit to the city.
5. Petitioner has ample on site parking available.
6. Division of the property in question, due to topography and
location of other buildings is very difficult.
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;
I
DECISION ON THE PETITION OF ROBERT E. GAUTHIER FOR A
VAaLA11 : AT 126-128-130 BOSTO N ST. (R-2)
Page Two
2. Literal enforcement of the Ordinance would involve substantial
hardship to the petitioner;
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3. 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.
Therefore the Zoning Board of Appeal voted unanimously 5-0 to grant the
Petitioner the Variance requested, subject to the following conditions:
1• All conditions of the letter from the Salem Fire Dept. to this Board relative to this petition be complied with;
2. Maintain fifteen (15) parking spaces on site;
3. A Certificate of Occupancy for the new duplex units be obtained.
4. Construction for the duplex be done as per all existing City and
State Building Cosies.
5. PrCPernumbering for all
Assessors office. buildings be obtained frcm the City
GRANTED
chard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AMID THE CITY CLERK
„ . , ... -.,i,, C,: c! •; r �y,• SH�I: D_ 'S f,nr P:cCUGNT TO SC,;TION 17 OF i!iE �•,,
�_ (:ENCRAL LA'A'S L=•a.PfCZ iGL. A.,,. Sn;L! 2C .. " , . .• ,�:, Ga;l: 'HE �'.'..
OF L.S DECIS:3N ! , THE OFFICE OF THE CITY CLERK
PURSANT TO MASS. GENERAL LAWS, CHAPTER. 933, SCC11;11 11, THE VARIA"10E C.r".
GRANTED HEREIN, SHALL NT. TAKE EFFECT UNTIL A COPY OF THE UECISLM. 8E4R:N3 THE C.3i
FICATION OF THE CRY CLERK THAT 20 DAYS HAVE ELAPSED AND ND APPEAL HAS BEEN FILED.
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE, THAT IT H:S BEEN OISS!ISSED OR DENIED IS
RECORDED IN THE SJUTH ESSEX RE,ISTRY OF DEEDS AND INDEXED UNDER THE NANIE OF THE OWNI
OF RECORD OR 1S RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE
BOARD OF APPEAL
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BOST0N STREET PLAN! OF LAND
SALEM , MASSACHUSETTS
SALEM PLANNING BOARD APPROVAL NOT REQUIRED �/ , PREPARED FOR: ROBERT E. GAUTHIER
' SCALE . I� • ZOO JUNE 1511988
UNDER SUBDIVISION CONTROL LAW . � �ir �� �'o.�d��Pd Lo� .��,d shew� o..
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