10-12 LYNCH STREET - ZBA / 10-14 LYNCH STREET (R-3)
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DECISION OF THE PETITION OF RAYMOND AND RONALD FALITE REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 10-14 LYNCH STREET (R-3)
A hearing on this petition was held March 20, 1996 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen,
Albert Hill 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, owner of the property request a Variance from parking for the
property located at 10-14 Lynch Street (R-3) .
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 seeks a variance to allow on-street parking for cars
belonging to the future residents at 10-14 Lynch Street.
2. Petitioners plan to convert the building on this property to a multi-
family unit for 12 families without changing the footprint of the
existing structure, which was previously a rooming house is currently
unoccupied.
3. Because the lot size is incompatible with a parking lot that could
accommodate the required number of parking places, the building would
be unusable as a multi-family dwelling if a parking variance were not
granted.
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.
DECISICN OF THE PETITION OF RAYMOND AND RONALD FALITE REQUESTING A VARIAA:CE
FOR THE PROPERTY LOCATED AT 10-14 LYNCH STREET (R-3 ) .
page two
therefore, the Zoning Board of Appeal voted unanimously, ;-n to grant the
variance requested, subiect to the following conditions:
1 . Petitioner shall comply with ail 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,
3. A Certificate of Occupancy is to be issued.
Variance Granted
March 20, 1996
1 -
Nina Cohen
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 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.
Board of Appeal
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