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132 BOSTON STREET - ZBA 132 Boston St. B-2 Joseph Karagezian p —7 1 •y ,r. Tito of ttlem, � ttsstttljusetts F -6nttrb of A peal r JIM H rd•m� DECISION ON THE PETITION OF JOSEPH KARAGEZIAN FOR A VARIANCE AT 132 BOSTON ST. (B-2) A hearing on this petition was held May 30, 1990 with the following Board Members present: Richard A. Bencal , Chairman; Edward Luzinski , Vice Chairman; Mary Jane Stirgwolt, Acting Secretary and Richard Febonio. 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 from lot coverage to allow an existing deck and a Variance from minimum width of driveway to allow driveway to be eleven (11 ) feet. Said property is located in a B-2 zone. 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 at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The existing building contains two apartments and an upholstery business. 2. The petitioner stated there is adequate parking for three cars on the site. 3. The decking and stairway provide the second means of egress from the residential unit. 4. Because of the location of the primary egress and the siting of the building on the lot, there is no adequate alternate location for the secondary egress. 5. An abutter spoke in favor of the petition. 6. No opposition to the petition was expressed. 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 in general . f DECISION ON THE PETITION OF JOSEPH KARAGEZIAN FOR A VARIANCE AT 132 BOSTON ST. , SALEM page two 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 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, 4-0, to grant the relief requested, subject to the following conditions: 1 . All construction be done as per all City and State Building Codes. 2. A legal Building Permit be obtained. 3. All construction and dimensions be in strict accordance with the plans submitted. 4. All requirements of the City of Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. GRANTED Mary Ja rgwoTt, aAct4n0eVcr`etary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any,shall be made Pursuant to Section 17 01 the Mass. General Laws,Chapter 808,and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to floss.General Laws, Chapter 803,section 11,the variance or Special Permit granted herein shall oot take effect until a copy of the decision, tevring the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed,that it has bean dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of receild at, c- Is recorded and noted on the owner's Certificate of Title. -< _ BOARD OF APPEAL co c LZ r 0 ��,:9fJV0t.] L.LI C,JI:.l��:.1 l:J�.7t1 ©©� C1��0��1(:.915Q�9 �✓_t5�o Professional Land Surveyors & Civil Engineers ESSEX SURVEY SERVICE 1958 - 1986 OSBORN PALMER 1911 - 1970 F a5 25 BRADFORD & WEED 1885 - 1972 PLOT RAN OF LAND LOCATED IN SALE " , MASS. PCI• I(o2 nSF Laokon Is+ory pc1. 15� A>g3O0'-S.F cnrn9e n5F-8ux�on Pcl. ICI f 4) 2/2-$Ao . r�1=ie It` 0 No.134 - No•13Z 10,13c) B osTo ,J �T I hereby certify to�heSalem ASSESSor.S M 4F 1(0o Bonrcl o-F Appca1 s that the buildings are located on the ground as shown. SCALE: I Z O - ,r DATE: APRIL M G. L Q-i istopher A p 1o3UPLS; 31311 REFERENCE. T BK 4 $9- PG 569 vF 40 LOWELL STREET PEABODY, MASS. 01960 531-8121 II iI Ii 'TFFr20 "Orr- COOP Nit r NEw/ 91Z4CIN( To I - , 1 �• I _ S12�ctdrtq� >r�IGI,J�2 � ;,� ' 1 , � _ _ to ........LH. r „ �Xl�tiN� �oNDt7tmN � ' PiOlk�!tAD 1 t� .._ � � v� -ELEVATION of o — m QL U <0 H m YN - r ttk m z �.. cc x m F(ZOAA 1505' Oo 4 Sr, 3 a z •C o -�`-- PLOT PLAN OF LAND "� 1� � t C a —�� ISCATED IN N S A E N1 , MASS. cn U�kul7;e 5H01' 1 t SIC � i O ($ err Pc 1. 15�7 Q W E E cc ' I (�� -rr+-t-- ----, ._- I — — 1 } � i A:43oo,S.F. Gor•yc � �f� $uX�on � � .� O � U ------- - f{P I I REVISIONS: 61 � PC I ICI °° XISTIN� WECC(E*1(y Pnv� 9 pr 'Ve �i �RD U N� I I = - NSF u r).ftL �•h �I hf/ll2 ® 1, OD!Z ? ' j — • �! � -.�r .. SCAt.E rVIN DATE: g 24 {mod lit TWONT- 6- W• [LGVA IOq No.134 No.137- pt I I 09.130 µ . u - - - 4CALE 4- 1'®„ so.s8 g osTo rJ 5T D'wg. N o. Daa r t - / NEvJ B�?-actK� 10 EAJE f3& 7ESi4sJ�0 KY . Ah I r, --t t Wilma I �X(�TiN� �ONDIT � �N � i � N .z cc \ L � Q t � V N E- I m A. 7. _ — ... _ 3 O o — ,D F�oM z � Ccm j t1� C�OS'(O�.I St 3 u; Z 00 O - PLOT PLAN OF LAND '` - 1 . n- LOCATED IN Q!! S ACE ht MASS. %a y Lo CALF: i•.w Zo•o' Z r c gyp• �j2 � Pcl. l�2 uVaei� ��Y Slot' u' _ r AA y nSF L.aW ion i.' b 7 v1 r / �� T Pci. t59 4 m — i tsaory �_ w nsF $uxfon w �( fi �f a It — REVISIONS: UP ,: I • I I I � D ► . i i �� t6l °p co i Incl. lit , EMEQ(ENcy 6fAt2 h 'PAVES D2�V� f I — �s�•ws� �e1 f LA q� �RO0NP L. ON DATE:EL 501 r" T1LO� 1 — y. yy. (��[V('� l IO� Ne•134 SJoS32 y; Y . � I IJ.•130 ,. •1 ' T g oSTO rj 5T D'wg. No.