24 PURITAN ROAD - ZBA 71 24 Puritan Rd. R-1
Anna M. Paradis
ti \�
oc_
l
of ',$2IlPTit� �'�i 2I85tIt�lYSPff�
r "
DECISION 014 THE PETITION OF ANNA M. PARADIS FOR A
VARIANCE FOR 24 PURITAN ROAD
A hearing on this petition was held November 12, 1986 with the following Board
[Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. 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 to allow property to be
used as a two family for a period of three years. Property is located in an
R-1 district.
The Variance which h1as 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; and
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 Ordiance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1 . There was major neighborhood opposition;
2. The addition of a two family home in this exclusively single family
neighborhood would adversely affect property values;
3. This area of Puritan Road is a badly congested section as it is a
major thoroughfare through this area;
4. No plans were submitted;
5• Work has been substantially completed with no permits from the
Salem Building Inspector;
6. Required amount of parking not available;
7• Fire Department in opposition because of lack of smoke detectors.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the subject
property and not the district generally;
DECISION ON THE PETITION OF ANNA M. PARADIS FOR A
VARIANCE FOR 24 PURITAN RD. , SALEM
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would not
involve substantial hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment to
the public good or without nullifying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
I
Therefore, the Zoning Board of Appeal voted two in favor (Messrs. , Fleming &
Luzinski) and three opposed (Messrs. , Bencal, Hacker and Strout) to the granting
of the requested Variance. By a vote of 3-2 the variance is denied.
VARIANCE DENIED
(1�4
/James B. Hacker, Chairman
I
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
it
I I
ii
f
I
i
rl
(I
SHALL BE hSADE PURSUANT TO SECTIOY 17 OF THE '
O.EN L"':S, CHA.P'cR SVS, A::D SHF.L% BE !ILED ;!i'.H1N 20 DAYS AFTER THE DATE OF F�LI;'c
CF THIS DECISION IN THE OFFICE Or 1
r THE CITY CLERK.
P TC "SS (-'�EEA: L-AVY?. CRA-TER 82S, SECTI^N 11, THE VARIANCE OR SPE;Iq PEP AT _
,,RANTED HEREIN, SHALL NJT T;.:E EFFECT UNTIL A COPY OF THE OECISi7?;, EE,2!;;, 7HE :_RT
FI-`u;Jt: CF THE CITt CLEP,K Ty?,T ?; CA)S HSS`_ ELAPSED AHD NJ APPEAL HAS SEEN FLED.
-R iHJ. IF SUCH AN APPEAL HAS BEEN FILE THAT li H".S Ew! Ci5'(IS`_9 OP, DE!JES U
RB;;-RDED 11; THE SJUTH ESSEX REGISTRY '•
RECORD OR IS RECORDED AND NOTED ON CF
EOVINERS!CERTFIICATE OF TITLEER THE ny•iE OF Tr,E OC;;;c' `
BOARD OF APPEAL i
_ I
i