16 MASON STREET - ZBA 16 MASON STREET
JOSEPH LHEAUREUX
v
, Leo Notice
CITY OF SALEM
!!! , BOARD OF APPEAL
745-9595 Ext.381
C Will hold a public hearing for all
` persons interested in the petition sub-
mitted by JOSEPH L'HEUREUX
requesting a Variance for a lot cover-
age,existing regulation calls for no
more than 360%e,the proposed lot
coverage is approximately 45%for
improvement to facade including a
greenhouse addition for property
.located at 16 MASON STREET, R2.{
`l Said hearing to be held WEDNES-
DAY,MARCH 20,2002 at 6:30 P.M.�
i 120 WASHINGTON STREET,3RD
FLOOR,ROOM 313.
' Nina Cohen
Chamnan
(3/6,13)
t
6�go r CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL i:l !i1�F'i�-,r �%�:-LN f'1A
3 120 WASHINGTON STREET, 3RD FLOOR (-I ERIPS OFFICE
SALEM, MA 01970
s
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USSROVICZ, JR. TCOP I°IA'f - PMAYO
DECISION ON THE PETITION OF JOSEPH L'HEUREAUX REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16 MASON STREET R-2
A hearing on this petition was held on April 24 2002, with the following Board Members
present: Nina Cohen, Chairman„ Richard Dionne , Nicholas Helides, Joan Boudreau
and Stephen Harris. Notice of the hearing was sent to abutters and other 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 Variances from lot coverage, existing regulations calls for no
more than 36% of the proposed lot coverage is 45%for improvement to fagade for the
property located at 16 Mason Street R-2.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit 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.
careful consideration of the evidence resented at the
The Board of Appeal, after p
hearing and after viewing the plans, makes the following findings of fact:
1. Petitioner seeks variances for lot coverage of 45% for a proposed 2-1/2-story garage
to be built. The city ordinance allows for lot coverage of 35%
2. The petitioner stated that the garage was for his personal use to store a boat and
personal items.
3. Two direct abutters spoke in opposition to the petition stating that the size of the
garage would be too large for the area.
4. Councillor Mike Bencal, Ward 6 spoke in opposition to the petition stating that the
parking situation wasn't addressed satisfactorily.
5. Jim Fleming who lives in the neighborhood stated that the petitioner failed to show
any hardship that would merit allowing the petition.
r
't
DECISION ON THE PETITION OF JOSPEH L'HEAUREAUX REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16 MASON STREET R2
page two
On the basis of the above findings of fact, and on the evidence presented at the hearing,
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 result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 5 in opposition to grant the requested
variances. Having failed to garner the four affirmative votes required to pass, the motion
is defeated and the petition is denied.
VARIANCE DENIED
APRIL 24, 2002
Stephen Harris Cciv,
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 MGL
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 MGL 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 passed 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 owners Certificate of Title.
Board of Appeal