34 PROCTOR STREET - ZBA PROCTOR STREET
NORMAN & ANN MZCHAOD (R-2)
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33OIITb Df AppC211
Jul I 2 os Fri r95
CITY 0i AI f-H.
DECISION ON THE PETITION OF NORMAN AND ANN MICHAUD FOR A VARIAN�1` ^ TSUIF-ICFSS
PROCTOR STREET. (R2)
A hearing on this petition was held May 17, 1995 with the following Board
Members present: Stephen Touchette, Chairman; Gary Barrett, Arthur
LaBrecque, 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, is requesting a Variance on lot size,
lot coverage, front, side and rear setbacks to subdivide the lot to create
a new lot at 34 Proctor Street.
The Variances which have been requested may be granted upon a finding by
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 lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district of 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. There was no opposition in this matter.
2. Speaking in favor of the Petition where: Thomas Brophy, 35 Proctor
Street, Marion Germont, 30 Proctor Street, Edward and Muriel Santos, 6
Langdon Street and Kevin Harvey, 2-4 Winter Island Road.
3. This will allow petitioner a fuller use of the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, ordinances,
codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
DECISION OF THE PETITION OF NORMAN AND ANN MICHAUD FOR VARIANCE AT 34
PROCTOR STREET, SALEM
page two
3 . All construction shall be done as per the plan andl*imtnsions
submitted. ,ly 2 05
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6 . Petitioner shall obtain a building permit prior t Cif ' irnxn�, any ss
construction. Q p/f,A445S
3. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem
Assessors ofice and shall display said number so as to be visible from the _
street.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction, including, but not limited to the Planning Board.
8. Petitioner shall correct, at Petitioner's expense, any addditional
water problems created at 6 Langdon Street and certify same. The Certifying
Agent will be the City of Salem City Engineer.
9. Petitioner, at Petitioner's expense, shall install a Sump Pump at the
residence of Edward and Muriel Santos, 6 Langdon Street, Salem when
requested by Edward and/or Muriel Santos.
Variances Granted
May 17, 1995
Albert C. Hill, Jr.
Member, 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
PETITION
• i
WE, THE UNDERSIGNED ABUTTERS AND NEIGHBORS, PETITION THE SALEM ,
BOARD OF APPEALS TO GRANT THE REQUESTED VARIANCE(s) OF SHAWN
MICHAUD FOR 34 PROCTOR STREET SALEM, MASSACHUSETTS. THE VARIANCE
WOULD ALLOW THE BUILDING OF A SINGLE FAMILY HOME ON WHAT HAS
ALWAYS BEEN A VACANT LOT PRIOR TO AN-IINCREASE IN ZONING
REQUIREMENTS. WE FEEL THAT THE PETITION SHOULD BE, GRANTED IN
THAT THE RELIEF GRANTED WOULD BE BENEFICIAL TO THE NEIGHBORHOOD
IN THAT THE PROPOSED NEW HOME WOULD IMPROVE THE AREA AND INCREASE .
THE PROPERTY VALUES IN THE AREA AND BRING MORE TAX REVENUE TO THE
CITY.
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PETITION
WE, THE UNDERSIGNED ABUTTERS AND NEIGHBORS, PETITION THE .SALEM 4
BOARD OF APPEALS TO GRANT THE REQUESTED VARIANCE(s) OF SHAWN
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MICHAUD FOR 34 PROCTOR STREET SALEM, MASSACHUSETTS. THE 'VARIANCE, .
WOULD ALLOW THE BUILDING OF A SINGLE -FAMILY HOME ON WHAT HAS -
ALWAYS BEEN A VACANT LOT PRIOR TO AN,INCREASE IN ZONING
REQUIREMENTS. WE FEEL THAT THE PETITION SHOULD BES,GRANTED- IN -
THAT THE RELIEF GRANTED WOULD BE BENEFICIAL TO THE NEIGHBORHOOD .
IN THAT THE PROPOSED NEW HOME WOULD IMPROVE THE AREA AND INCREASE . "'.
THE PROPERTY VALUES IN THE AREA AND BRING MORE TAX REVENUE TO THE
CI�T{(Y..
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LOCUS PLAN
(n LOT 1 3249± SF. a w ti d SEE
- N/F PLAN 704
LEFTARI M DECK o OF 1952
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APPROVAL UNDER TyE SUBDIVISION O ASS%L -- $ �� in 0 �
CONTROL LAW NOT REQUIRED 0 _ o `�
SALEM PLANNING BOARD z 6 OD
EXISTING 251 ► ►� '-
2 aZ STORY - +
Q ? LOT 2% DWELLING 4745± SF .
I 1 30± '
No, 34
10+: STONE POST
36.00 46.33 42 . 15 t 269.20
FOUND N 08043 ' 18' W r
IRON PIN
DATE PROCTOR STREET
NOTES:
ASSESSORS MAP 15 PARCEL 341 SUBDIVISION
DEED REFERENCE: BOOK 7862 PAGE 272 PLAN OF LAND
ZONING DISTRICT- R2
LOCATED IN
- ZONING EVALUATION SALEM , MASS .
PREPARED BY
ZONING DISTRICT R - 2 EASTERN LAND SURVEY ASSOCIATES, INC.
FOR REGISTRY USE ONLY ITEM MIN./MAX. LOT 1 LOT 2
LOT AREA 159000 SF. 3249± SF. 4745± SF. CHRISTOPHER R. MELLO, PLS
LOT WIDTH 100 FT. 46.33 FT. 42.15 FT. 104 LOWELL ST. PEABODY, MA. 01960
FRONT YARD 15 FT. 5`* FT. 30+ FT.
SIDE YARD 10 FT. 10+ FT. 10+ FT. (508) 531 -8121
REAR YARD 30 FT. 12± FT. 111 FT. SCALE: 1 " = 20' FEBRUARY .22, 1995
LOT COVERAGE 35 % 37 % 29± % I HEREBY CERTIFY THIS PLAN CONFORMS
TO THE RULES AND REGULATIONS OF THE
REGISTERS OF DES, 54F THE COMMON-
WEALTH OF MA SET
or CHRISTOP11 R yGly' -
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ef A1ELL0,/J w �
774IS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE
NO CER77F7CA77ON IS INTENDED AS TO PROPERTY 777LE �..>
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED 0 10 20 40 60 80 F 10079
EASEMENTS