313 ESSEX STREET - ZBA 313 ESSEX STREET (R-2)
GEORGE & JOAN HELLER
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'Botts of Appeal
DECISION OF THE PETITION OF GEORGE & JOAN HELLER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 313 ESSEX STREET (R-2 )
A hearing on this petition was held January 17, 1996 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Nina
Cohen, Arthur LeBrecque and Joseph Ywuc. 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, owners of the property request a Variance for a Change of Use
(Rooming House to 13 Unit Apartment) .
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 will reduce the number of dwelling units from 16 to 13
units.
2. A representative of the Licensing Board spoke in favor of the change in
use from a rooming house to apartments.
3. The change will stabilize and enhance the quality of life in the
neighborhood.
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.
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.
Therefore, the Zoning Board of Appeal voted 4-1 to grant the variance
requested, subject to the following conditions:
FG1S:0\ REOi_;ESTT';G -
aRTr.NCE -^� THE PROP
-CC:.-�D 313 ESSE}: STREET
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Petitioner shall comply with all city and state statures, ordinances.
codes and regulations .
All construction shall he ,done as per the plans and dimensions
submitted.
ll requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
_ . Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. A Certificate of Inspection is to be obtained.
Petitioner shall obtain proper street numbering from the Citv of Salem
Assessor's office and shall display said number so as to be visible
from the street .
S. Petitioner is to obtain approval from any city board or commission
having jurisdiction, including but not 'limited to the Planning Board.
Variance Granted
January 17, 1996 �J 1
Stephen C. Touchette
Board of Appeal
COPY OF -HIS DEECISION HAS 3EF^: -TEED WTTH -HE PLA'Yi•:ING 30ARD -ND THE i,i:v
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 ,-thec.aouth
Essex Registry of Deeds and indexed under the name of the owner of aecord
or is recorded and noted on the owner's Certificate of Title. rN
Board of Appeal
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