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103-105 LORING AVENUE - ZBA 103- 105 LORING AVENUE VICO AVIN (R-Z) v \ V � , C� a Y (City of ttlem ttsstttlTusetts 7 3, 9 'Bnnrd of �u}rezcl 1457111, 4.. 16 DECISION ON THE PETITION OF VICO AVIN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 103-105 LORING AVENUE A hearing on this petition was held October 18, 1995 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen, Albert Hill and Associate Member Arthur LaBrecque. 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, owner of the property, located at 103-105 Loring Avenue requesting a Variance to allow the continued use of the existing third floor apartment. The Variance which has been requested may be granted upon a finding of the 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 or 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. 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 careful consideration of the evidence presented at the hearing, makes the following findings of facts: 1. The property is a legal two family dwelling and an illegal third floor apartment has been in existence for a period of years at least since the late 1980's when the petitioner purchased the property. 2. Ward Seven Councillor Mark Blair, opposed the petition because of concerns for parking and density to the neighborhood. 3. The subject property is located in close proximity to the busy intersection of Loring Avenue, Jefferson Avenue and Canal Street. 4. Petitioner submitted a petitioned singed by 10 neighbors stating that they had no opposition to the petitioner's request for relief. 5. Petitioner submitted a plan showing 5 parking spots, 2 in a garage, 2 immediately outside the garage and one along the driveway going to the rear of the building. 6. Mr. Tremblay, the Building Inspector expressed an opinion that there was insufficient clearance for a car to exit the garage y DECIS71` CF THE v"TITTON 1 --iCO iN REQUESTING - VARIANCE FOR THE PROPERTY LOCATED AT 103-105 LORING AVENUE �R-2 ) page r'ro _f there were vehicles parked outside the garage, and therefore felt there was inadequate parking. Petitioner had listed the property for sale with a realtor. listing it as a 3 family dwelling. On the basic of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general . 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Board of Appeal voted unanimously, 0-5 in opposition to the motion to grant the Variance, having failed to garner the required votes to pass, the motion is defeated and the petition is denied. Variance Denied Qr""te CC-C^,� October 18, 1995 `A .l Gary Barrett 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 of Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that20 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 ( V of#aleui, Masaar4uoetts (fire of the (MV Tounril �` _�' c¢ita 3Hnll COUNCILLORS-AT"LARGE SARAH M. HAYES WARD COUNCILLORS PRESIDENT DEBORAH E. BURKINSHAW 1995 1995 CITY CLERK GEORGE A AHMED WILLIAM RUSSELL BURNS.JR. KEVIN R HARVEY GEORGE P.McCABE JOHNJ.DONAHUE JANE STIRGWOLT LEONARD F.O'LEARY STANLEY J.USOVICZ,JR. DAVID B GAUDREAULT SARAH M.HAYES MARK E BLAiR September 18, 1995 Mr. Stephen Touchette, Chairman Board of Appeal City of Salem One Salem Green Salem, MA 01970 Dear Mr. Chairman & Members of the Board: I would like to be recorded as being against the granting of a variance for the property located at 103-105 Loring Avenue. This is an R-2 zone neighborhood situated between both campuses of Salem State College. This house has a For Sale sign up and the real estate broker has it listed as a three family already. There does not seem to be any hardship here, other than wanting to make more money in the sale of the property. I ask you to please deny a request for a variance. Very truly yours, Mark E. Blair Councillor Ward Seven 6IT-6 OPE'L.ATlo1JS SI)PPop-r 11JC . -71 LOP-11.16AOE- _ - 9, 1--j- �C � 0� © I " I I AREA-- Lnoot. LOT 9 Z - (Z koS71L KRF£7AIJAkG v !� LaT 9y )01 LOWN6 A0E- h �_ ALOERT i /2EAZL o! Q MOR�I J � 4 m 1o�-1v9 �oeau4 .IVE, a o" L� I I /, LORIQ AVENUE -- ED6E HoroP I�RopoSEb TARUNE4 `- PLOT PLAN OF LARD oF1Rar�c LOCATED IN yg' GAILAEFERME 'yG DEED : AEC.C. 5K. %S2.1- PS. q L.O SMITH y AWPARED OR PLAN : pL. at , /G PL , 11y6 ,o Nc.35043 v 1CO A Z 11J I CERTIREON FY LOCATED BUILDING IS) � o��sso q� F'``s Q 'o SALE. I a-7o' AU5 . 25, 1T15 AS 9HOMN. �l 8A0UV�D 10RLI DEN SURVEY CORPORATZON MA 47 LINDEN STREET- SALEM,MA. 1i. �mm-rl6l'Ltk"L LIwYJ kh11o1Rf �IogZ,