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17 LUSSIER STREET - ZBA (3) 17 LUSSIER STREET ROY & ELEANOR LAPHAM �. Ctu of �Sttlem, ttssttc seit ; ' �Rnttra of �k"eal AIR 3 {{ & l {1 ",5 DECISION ON THE PETITION OF ELEANOR & ROY LAPHAM FOR A V�RI.M W G!`W THE PROPERTY LOCATED AT 17 LUSSIER STREET (R-2) 'C:U I AC"L .0`,(1tnr A hearing on this petition was held March 15, 1995 with the following Board members present: Gary M. Barrett, Chairman(acting) ; Arthur Labreque, Joseph Ywuc, Nina Cohen and Albert Hill. 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 17 Lussier Street requests a Variance from lot size and a Variance from lot width requirements to allow construction of a two family dwelling. The relief which has been requested may be granLed 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 refuel 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 petitioner, through Counsel introduced evidence as to the existing dimensions of the abutting lots and the district in general and the financial hardship which the petitioner would endure if not granted the requested relief. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. The property in question is vacant land consisting of approximately 5,250 square feet. 2. That the property is a ^rner lot located at the intersection of Lussier Street and Atlantic Street and the petitioner intends, per the plans submitted, to take frontage on Atlantic Street. 3. The adjacent lot on Atlantic Street, which is owned by the petitioner, houses a two family dwelling and is also 5,250 square feet. 4. That a petition was submitted containing seventeen (17) names of persons who live in the immediate neighborhood of the property, all of whom were in favor of the petitioner's request to construct a two family dwelling on the vacant lot. 5. There was no opposition to the petition. 6. That because this lot was not build upon previously, as were all of the adjacent lots to the property, current zoning density requirements apply to this property and not the adjacent properties in this area. 7. That literal enforcement of the 15,000 square foot minimum lot size and DECISION OF THE PETITION OF ELEANOR & ROY LAPHAM FOR ARkkIAtCC 3.'� 1 THE PROPERTY LOCATED AT 17 LUSSIER STREET (R-2) A - 24=) page two the 100 foot lot width requirement would render this property virtually useless causing substantial economic hardship to the owners 8. That the owners of the property and their families have resided for several years, and do presently reside, in the neighborhood of the property. 9. That the lot size of virtually every property on Atlantic Street is between 4,500 and 5,500 square feet and 50 to 55 feet of frontage. 10. That there are several multi-family dwellings located in this R-2 district. 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. The request relief can be granted without substantial detriment to the 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 unanimously, 5-0, to grant the requested relief, subject to- the following conditions: 1. Petitioner shall comply with all city and state statutes, 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. Petitioner shall obtain proper street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 6. A Certificate of Occupancy is to be obtained. Variance Granted March 15, 1995 �� Joseph J. Y c Board of Appeal, Member -- r o^ co S N fly ��55(( ii ��--���er ''mm r A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLAN18K BIZO T �-cI'P 46 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. c� y Board of Appeal < Ln S MAY 2 5 1995 Date k I hereby certify that 20 days have expired from the date this instrument was received, and-that NO APPEAL has been filed in this Office. A True TTEST, CITY C'LFRK.