138 BOSTON STREET - ZBA J
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CITY OF SALEM9 MASSACHUSETTS
i BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR C-)
SALEM, MASSACHUSETTS 01970 ® n_.
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 O �C
MAYOR FAX: 978-740-9846 C-)
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DECISION ON THE PETITION OF RONALD MICHAUD REQUESTING A SPECIAb
PERMIT FOR THE PROPERTY LOCATED AT 138 BOSTON STREET B-2
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A hearing on this petition was held on October 19,2005 with the following Board v
Members present: Nina Cohen, Chairman, Richard Dionne, Robin Stein, Bonnie BdIAir
and Steven Pinto. 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 requests a Special Permit per Section 8-4 to allow a third unit for the property
located at 138 Boston Street located in an B-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion, of nonconforming
lots, land, structures, and uses, provided however, that such change, extension,
enlargement of expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is,when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
stuctures 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
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DECISION OF THE PETITION OF RONALD MICHAUD REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 138 BOSTON STREET B-2
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1. Petitioner, Ronald Michaud would like to increase his two family home to be used
as a three family. This expansion would not increase the structure as there are
already rooms completed on the third floor.
2. Mr. Michaud has provided for five parking spaces as required for a three family
residence.
3. Abutters at 140 Boston Street, Mr. Raymond Lavoie and Jose Silva at 136
Boston Street spoke in favor of the additional unit.
4. Attorney Stephen Lovely spoke in favor for his client at 132 Boston Street.
5. There was no opposition to this petition.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact, the Zoning Board of Appeal voted 4 in favor
and 1 in opposition to grant the Special Permit requested, subject to the following
conditions;
1. All requirements of the Salem Fire Department relate to smoke and fire safety sha)�
be strictly adhered to
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2. All construction shall be done as per the plans and dimensions submitted and vi c.
approved by the Building Commissioner. oI�
3. Petitioner shall obtain a building permit before beginning any construction
4. Petitioner shall comply with all City and State statures, ordinances, codes and
regulations
5. Petitioner shall obtain a Certificate of Occupancy.
DECISION OF THE PETITION OF RONALD MICHAUD REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 138 BOSTON STREET B-2
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Special Permit Granted
October 19, 2005 1�
Bonnie Belair Board Of Appe�CSUK�
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, of MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
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CITY OF SALEMo MA88ACHU9ETT8
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR ClCLERK 5A1>
SALEM, MIA 01970
STANLEY J. USOVICZ, JR. FAX
MAYOR (978) 748 9698
FAX (978) 740.9848
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DECISION OF THE PETITION OF ROBERT MICHAUD JR.REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 138 BOSTON STREET 8-2
A hearing on this petition was held July 14, 2004 meeting with the following Board
Members were present: Nina Cohen Chairman, Stephen Harris, Bonnie Belair, Edward
Moriarty and Joseph Barbeau. 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.
At the request of the Petitioner's Attorney, George Atkins the Salem Board of Appeal
voted 5-0, to grant leave to withdraw this petition without prejudice requesting a Special
Permit to allow an existing tow family structure to be used as a three family for the
property located at 138 Boston Street located in an B-2 zone.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
July 14, 2004
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Nina Cohen, Chairman
Board of Appeal
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 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts
General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been flied, that It has been dismissed or denied Is recorded in the South Essex Registry
of Deeds and indexed under the name of the owner of record or is recorded and noted
on the owner's Certificate of Title.
Board of Appeal