164-166 BOSTON STREET - ZBA J� 164-166 BOSTON STREET
JOHN C. JEFFERS
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j CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by JOHN C.JEFFERS request-
ing a Variance to subdivide lot IA into
lA&1B at 164.166 Boston St. and
Variance froni front,rear and side set-
backs to re-create a non-conforming lot
for the property located at 164-166
BOSTON STREET(I).Said hearing to
be held WEDNESDAY, JULY 15,
1998 AT 6:39 P.M., ONE SALEM -
GREEN,2nd floor.
Nina Cohen,Chairman
(7/1,8/98)
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JUL 1 3 oa PH 198
Ctg of "inlem, f ttssarljuse is
4 ITY OF SALEM. MASS
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CLERK'S OFFICE
DECISION OF THE PETITION OF JOHN C. JEFFERS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 164-166 BOSTON STREET (I)
A hearing on this petition was held July 15, 1998 with the following Board
members present: Nina Cohen, Paul Valaskagis, Michael Ward, Stephen Buczko
and Richard Dionne. 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 is requesting a Variance to subdivide lot lA into lA & 1B, at
164-166 Boston Street and Variance from front, rear, and side setbacks to
re-create a non-conforming lot.
The Variance which has been requested may be granted upon a finding of this
board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3 . Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Petitioner, John C. Jeffers was represented by Leonard Berkal, Esq. ,
sought dimensional variances for front, rear and side setbacks for
the above property, on which an existing residential multifamily
home has stood for many years.
2 . As a result of a recent property transfer of a portion of the
petitioner's property, petitioner's lot became merged into the remainder
of the property, which is commercial . Petitioner sought variances to
allow the existing nonconforming residential property to be served from
the rest of the property.
3. There was no opposition to the proposed petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
DECISION OF THE PETITION OF JOHN C. JEFFERS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 164-166 BOSTON STREET
page two
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. Petitioner shall obtain approval from any City Board of Commission
having jurisdiction including, but not limited to the Planning Board.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to. /J
Variance Granted
July 15, 1998 1,
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 filed, 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 y
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