140 BOSTON STREET - ZBA (2) 140 Boston St'. B-21R-2
/ \ Raymond Lavoie .
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(situ of Salem, � ttssttc� sets
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DECISION ON THE PETITION RAYMOND LAVOIE FOR A VARIANCE
AT 140 BOSTON STREET (B-2/R-2)
A hearing on this petition was held April 18, 1990 with the following Board
Members present: James Fleming, Chairman; Richard Bencal , Vice Chairman; Mary
Jane Stirgwolt; Associate Members Arthur LaBrecque and Peter Dore. 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 two family
to be converted to a three family dwelling in this B-2/R-2 district.
The Variance which has been requested may be granted upon a finding by this
Board that:
a. special conditions 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 property is presently owner occupied.
2. The property is partially in a 3-2 Zone.
3. No opposition was presented.
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 .
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
DECISION ON THE PETITION OF RAYMOND LAVOIE FOR A VARIANCE
AT 140 BOSTON STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the Salem Fire Department.
2. Five (5) legal parking spaces be maintained on site.
3. Petitioner obtain a Certificate of Occupancy for third unit.
4. All dimensions be as per plans submitted.
5. The property may remain as a three family as long as subject property
remain owner occupied.
6. All construction be done as per all existing City and State Building Codes.
VARIANCE GRANTED
Int � J
hard A. Bencal , Vice�man
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
e made pursuant to section 17 O1
is decision, if any,shall b in 20 days
Appeal from this shall be filed with
OS and f
the Mass. General Laws,Chapter 8 e of£Ice of the City Clerk. ,
n in th
after the date of filing of this decisio il,the Variance
Sectioh
Pursuant to Mass. General Laws, chapter 808, of th9
•� ial Permit granted herein shall not take effect i 20 days have
or .t ec
decision, bearing the certification of tile or
city
hatCif such appeal has bean
elapsed and no appeal has been filed, Essex
filed that
of Deeds and and that It has been dismisse0 denied is recorded i the South s
;,owner's
wnn is Certificate of h owner of record oG
Reg;
is recorded and noted M
BOARD OF APPF1tl]
I
\ - LOCUt
�OS�Oo 0��age
FENCE TO REMAIN
I 6' HIGH CHAIN LINK
LOCUS PLAN 32.5
I 2 3 I NIF PHILIP D. RENARD
I �
Ui
a 6' HIGH WOOD FENCE
( TO REMAIN)
THIS AREA TO - 950, /' I
BE PAVED 20 TYP. I
NOTE : , THROUGHOUT -
LOCUS IS SHOWN AS LOT 179 9' TYP.
4 I
ON SALEM ASSESSORS MAP 16 LOT B
AREA = 4925 s.f.
' i
FOR REFERENCE SEE PLAN RECORDED 5
AT ESSEX SOUTH REGISTRY OF t I
DEEDS IN PLAN BK 31 PL. 79 .W I
U
LL1-u-+1, 6
m
Y h I
z — ' NIF RONALD J. MICHAUD
J �
I i
2 �
U — _
NIF ATLANTIC RICHF/ELD CO.
o
EXISTING 2 FAMILY 0)
v ;
TO BE
CONVERTED TO
3 FAMILY
HSE • # 140
42. 80
BOSTON STREET
ZONING DISTRICT
B -2 R 2
PARKING REQUIRED 1.5 SPACES / UNIT
PARKING PROVIDED 2.0 SPACES/ UNIT S I TE PLAN
for
RAYMOND LAVOIE
in
SALEM MA
a
o. 7 0 No. 7 °4 T �
Scale 1 = 10 ' Mar 17, 1989
w .,.
CIVIL SITES ASSOC - INC