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12 & 14 PORTER STREET - ZBA 12 & 14 Porter St. R-3 Paul & Paul Lavoie ' - -- �- - Mark Petit — - - — xI I0 i I Jfr�•�4� ofttlem, � ttgstttljusP##s .s PaxrD of cA} ett1 JUL T3 3 P ,8 PILE# o� l DARIANOES FORN ON yE2PPORTERNSOF T. &A14 PORTERASTAVOR-3) PETI�f6$�LERK. SALE14,N,ASS, A hearing on this petition was held July 15, 1987 with the following Board Members present: James Fleming, Vice Chairman; Messrs. , Bencal, Luzinski, Strout and Associate Member 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 Mark Petit, owner of 14 Porter St. is under a Purchase and Sale Agreement with Paul & Paula Lavoie, owners- of 12 Porter St. Petitioner is requesting relief from minium side and rear yard setback, lot size, and density to allow lot lines to be redrawn to allow 204 sq. ft. to be conveyed from 14 Porter Street to 12 Porter St. Property is located in an R-3 district. The Variances which have 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 and 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 and after viewing the plans, makes the following findings of fact: 1 . The structure on 12 Porter Street was built on 14 Porter Street land; 2. Both structures are well over fifty (50) years old and this error was not discovered until now; 3. There was not opposition. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: r 1 . SDecial conditions exist which especially affect the subject properties and not the district generally; r 2. Literal enforcement of the Ordinance would involve substantial i hardship to the petitioners; 3. The relief requested 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. DECISION ON THE PETITION OF PAUL & PAULA LAVOIE/MARK PETIT FOR VARIANCES FOR 12 PORTER STREET AND 14 PORTER STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variances requested to allow property lines to be redrawn in order to convey 204 sq. ft. from 14 Porter St. to 12 Porter St. , as per the plan submitted. VARIANCE GRANTED Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK V APPEAL FROA! THIS DEC!SDN. iF ANY, SHALL BE MACE PURSUANT TO SECTION 17 OF THE M,AyS, GEN'RAL LA,:S :?=.F�EF C ..,D Sii.�L'_ BE FEED C• ;"!N 20 DAYS AFTER THE DATE CF FILING CF T . . ..`_:'S It THE _^ „E Ci THE CITY CLERK. 11, THE 1'A?:4::CE 'R t.:.',•__ :�E 6_ _ —— .c r_FfL:T _�," L A `P) 0, THE !,lrl I E_A lHE .EF.T. . !) ., ,iR?_AL HA.. L__, I _ED, 'Td ;F S:-... — .,..-�.._ ti S ..E . —, f` .. :.E_ ; D° .SSE OR !S IN T.'._ .__..• ESS�. ..J IS'G'• 01: =:S %D Iii DEAEO 8ND_F THE .. . :E•OF THE C,JNER OF RECDRD OR IS REL7RID AN DM1 FO'•ED UN THE CARER'$ CERTIFICATE OF TITLE.L BOARD OF APPEAL 4�vt APPROVAL UNDER SUBDIVISION CONTROL LAW NOT REQUIRED � � 0 � LL u CZDA,L ,T + SALEM PLANNING BOARD LOCUS M A P N/ F WERON REALTY N / F NORMIN P. RILEY TRUST TRUSTEE SEE PLAN BY EASTERN LAND SURVEY ASSOCIATES, INC. DATED 1/20/87 69°32139,+ N 43 g6 LOT B F" 41 552± SF I w N / F CLART D REALTY CORP. 0 N / F LEWIS & iA r�Ki ; SEE PLAN BY ESSEX SURVEY CHAIRMAN DAT E SHARON ,'� ,M SERVICE DATED 3/ 1 / 74 i /i ~ N W LIVERMORE W r 6635.46, (n a r w 5.61 = w o LOT A ; l- ' I, 802±SF ; -0 oo � � NO. 14 ; ° 0 Z i M i NO. 12 t N r r CL r Cn SUBDIVISION 37.53' .., rrrr 51 .93 ' -- s 800 oo' oo " w 45.00 ' PLAN OF LAND LOCATED IN SALE M . MASS. E E T P 0 R T E R S T R PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC. FOR REGISTRY USE ONLY CHRISTOPHER R. MELLO P. L.S. 40 LOWELL ST. PEABODY, MASS. SCALE : 1 " = 20 ' FEBRUARY 18, 1987 Deed Reference : �`H ofA PREPARED FOR to Bk 6640 Pg 341 1 HEREBY CERTIFY THIS PLAN CONFORMS TO THE CMRIST�OPNiP MARK PETIT RBk 7103 Pg 279 RULES AND REGULATIONS OF THE REGISTERS OF mi vF+.e DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. --- ------� 0 10 20 40 60 80 GECSRGE DEE III DESIGNER F7 350 L f i I i i I y .