17 BROADWAY - ZBA Y 17 Broadway R-2
Dean T. Boucher
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CM SC-EK,MASS.
DECISION ON THE PETITION OF DEAN T. BOUCHER FOR A
VARIANCE FOR 17 BROADWAY, SALEM
A hearing on this petition was held July 17, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski
and Strout. 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 Law Chapter 40A.
Petitioner is requesting a Variance from front yard setback in order to construct
a porch on an existing foundation in this R-2 district. Petitioner is owner of
the premises.
The Variance which has been requested may be granted upon a finding by the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building and 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; and
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 hearing the evidence presented and the hearing and
after viewing plans of the property, makes the following findings of fact:
1 . No neighborhood opposition to petitioner's plan;
2. Existing foundation already there.
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 . Special conditions affect this lot which do not generally affect
the district;
2. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon the petitioner;
3. The Variance requested can be granted without substantial detriment
to the public good and without substantially derogating from the intent
and purpose of the Ordinance.
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DEC
A ON ON
FOR THE PETITION OF DEAN T. BOUCHER
page two
FOR A VARIANCE FOR 17 BROADW'AY, SALEM
Therefore, the Zoning Board of Appeal voted unanimously, 5 - 0, to grant the
petitioner the variance requested, provided that:
I . Porch come to no more that five feet of the front property line;
2• A Certificate of Compliance be obtained from the Salem Fire Dept.
VARIANCE GRANTED
Ldames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROr, THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 Or THE MASS,
GENERAL LA14S, CHAPTER SOC, AM) SH.SLL 5E F!LED GP TPJL 20 DAYS AFTER THE DATE OF Fl Llt0
OF THIS DECISION IN THE 0°,ICE OF THE CITY CLERK.
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OF RECORD OR IS RECORDED AND N:TED ON THE 017NER'S CER FILATE OF TITLE.
BOARD OF APPEAL
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