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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext.361
Will hold a public hearing for all
persons interested in the petition sub-
mitted by ROBERT & PAMELA
LEVESQUE requesting a Variance
from side yard setback toconstruct a
2 story garage for the property locat-
ed at 373 ESSEX STREET R-2.Said
hearing to be held WEDNESDAY,
DECEMBER 19,2001 AT 6:30 P.M.,
120 WASHINGTON STREET,3RD
FLOOR,ROOM 313,
Nina Cohen ++
91 Chairman
1 c12/5,12>
to
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL cl1y OF�lSALEM MA
e 120 WASHINGTON STREET, 3RD FLO&LERK'S OFFICE
i SALEM, MA 01970
9qg TEL. (978) 745-9595
FAX (978) 740.9846
STANLEY J. USOVICZ, JR.MAYOR 2001 DEC 21 P 3, 0$
DECISION OF THE PETITION OF ROBERT& PAMELA LEVESQUE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 373 ESSEX STREET R-2
A hearing on this petition was held December 19 2001 with the following Board
Members present: Richard Dionne, Stephen Harris, Nicholas Helides, Bonnie Belair and
Joan Boudreau. 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.
The petitioner is requesting a Variance from side yard setback to construct a two story
garage for the property located at 373 Essex Street located in an R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
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 the 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:
1. Petitioner's Robert & Pamela Levesque appeared and represented themselves at the
hearing.
2. Plans were submitted showing the proposed 2 story structure.
3. Mrs. Pamela Hartford of 38 Chestnut Street appeared with concerns about the use of
the 2-story structure. She does not want to see people living there. Mr. Levesque
stated he wants a workshop and extra storage for his yard equipment.
4. Another abutter Mr. Paul Sweaker of 380 Essex Street had concerns with the
property being used as a business.
i
DECISION OF THE PETITION OF ROBERT & PAMELA LEVESQUE REUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 373 ESSEX STREET R-2
page two
On the basis of the above findings of fact, and on, 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 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.
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 dimensions submitted.
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. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
7. No business or residence shall be allowed.
Variance Granted
December 19, 2001
eau CCCr,
Board of Appeal
t
DECISION OF THE PETITION OF ROBERT & PAMELA LEVESQUE REQUESTING A
VARIANCE FOR PROPERTY LOCATED 373 ESSEX STREET R-2
page three
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
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