164 BOSTON STREET - ZBA (2) �r 1r
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1 CfTY OF SALEM -
I{ BOARD OF APPEAL
978-745-9595,Ext.381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by JOHN JEFFERS requesting
Variances from side yard, front yard
and rear yard dimensional regulations
and accessory structure area limitation
for construction of any accessory
storage building for the property locat-
ed at 164 Boston Street 1.Said hear-
ing to be held Wednesday,June 18,
2003,at 6;30 p.m,120 Washington ,
Street,3rd floor.
Nina Cohen,Chairman
(6/4,11)
r
CITY OF SALEM, MASSACHUSETTS Cil Y OF- SALEh1. MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM. MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 .2003 JUL —2 P �-
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF JOHN JEFFERS REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 164 BOSTON STREET I
A hearing on this petition was held June 25, 2003 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides 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 New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting Dimensional Variances and an exception to the accessory
structure limitation for the property located at 164 Boston Street located in an Industrial
zone.
The Variances, which have been requested, upon a finding 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 structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of 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:
I. Petitioner, John Jeffers operates a lumber and building supply business of the name
on Boston Street. He seeks dimensional variances and an exception to the accessory
Structure limitation of Section 7-8(3) construct a 30 x 50 foot accessory storage
building on the existing nonconforming lot. .
3. Attornev George Atkins of 59 Federal Street in Salem represented the petitioner.
Arwrduu to a sunc\- Submitted with the application, the proposed structure will be
sited at the rear Jett corner of the lot at a distance of 10 feet from the property line that
is also the City of Salem's border Side yard setback requirement in the Industrial
zone is 30 feet. The rear yard setback will also be 10 Feet instead of 30 feet as
required by the Ordinance
L
DECISION OF THE PETITION OF JOHN JEFFERS REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 164 BOSTON STREET I
page two
4. Section 7-8 (3) of the Ordinance limits the size of unattached accessory structures to
120 square feet or 1% of the lot area. Mr. Jeffers is asking for a variance for the
construction of the accessory building to enable his business to store an inventory of
lumber and supplies.
5. There was no opposition to the proposed petition.
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning 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 petition.
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.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimension submitted and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5 Petitioner shall obtain a Certificate of Occupancy.
Variance Granted
June 25, 2003 /
Nina Cohen. Chairman/
'�.
Board of Appeal
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
certificate of the City Clerk that 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.
Board of Appeal
Prolessional Land Surveyors 8 Civil Engineers
ESSEX SURVEY SERVICE 1958 - 1986
OSBORN PALMER 1911 - 1970
BRADFORD 8 WEED 1885 - 1972
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REFERENCE: BK PG Christopher R. Mello PLS 313Y%'e'0'`
104 LOWELL STREET
PEABODY,MASS.01960
(978)531-8121
FAX:(978)531-5920