38 SHORE AVENUE - ZBA 38 SHORE AVENUE
v - DORILLA MORENCY
of Sakm, s xt xzse is
Pourb of c�ypal
'82 MAY -4 P2 :3P
CITY Cl EM"S OFFICE
S A L E M M S:
DECISION ON THE PETITION OF DORILLA MORENCY
REQUESTING VARIANCES FOR 38 SHORE AVE.
A hearing on this Petition was held on April 28, 1982 with the following
Board Members present: Douglas Hopper, Chairman, Messrs. Piemonte, Hacker,
Feeherry, and Associate Member Luzinski. Notices of the hearing were 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.
The Petitioner has requested variances for the property identified as
38 Shore Ave. which now consists of two non-conforming lots designated as
Lots A and B on a plan submitted to the Board. Variances are required because
a prior division of the property caused both of the current lots to be
non-conforming. The requested variances, if granted, will conform the lots
to current zoning standards.
The Board of Appeal, after consideration of the evidence presented at
the public hearing and after viewing the property makes the following findings
of fact:
1) The property in question currently is divided into two lots. A
two-family house is on Lot A; a single-family house is on Lot B.
Both houses have been at the site for over fifty years.
2) By virtue of a prior division of the property, by deed, into two
lots, neither lot now conforms to current zoning.
3) Petitioner's request involves no change of use nor any other changes
at the property. Petitioner seeks only to establish that each
lot is a legally proper one under current zoning.
On the basis of ,the above findings of fact, and the evidence presented
at the public hearing, the Board of Appeal concludes as follows:
1) The property in question is unique because of its peculiar frontage
problems and other access problems and because of the fact that
the structures on the site were there for many years prior to
any zoning statute.
2) The conditions described above especially affect the land in
question but do not generally affect the zoning district in
which the property is located.
t
i
'F . Z-
DECISION ON THE PETITION OF DORILLA MORENCY '82 MRY -4 P 230
REQUESTING VARIANCES FOR 38 SHORE AVE.
Page 2
CITY CLE . CFFICE
SALEI'I i"
3) The ,conditions described above which affect the land in question,
but not the zoning district generally cause the following special
hardship: unless the requested variances are given, it will be
virtually impossible to sell either lot.
4) the desired variance may be granted without substantial detriment
to the public good because the requested variances, if granted,
will change nothing on the site.
Therefore, the Board of Zoning Appeal unanimously voted in favor of
granting the requested relief. The Board grants a variance to the
Petitioner on the following terms and conditions:
1) Variances from frontage, front yard, side yard, rear yard, lot
area and density requirements and any other variance necessary to
cause the tao lots at the site to conform to current zoning
are hereby granted.
Anthony' Pf. Fee 'er�y, Secr`fetary
APPEAL MT!, THIS Cc",ii!'"•.`:, 1' M,':. Sh!AU 87 MADE P83S::=T U 17 OF THE i.'ASS.
GE'!Ei!9L LA'S". Cu:.. _.. -- D"'-. OF FILMG
OF REC10D
BOAPW OF APPEAL
1
COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND
CITY CLERK.
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SHORE AVE.
APPROVAL UNDER SUBDIVISION CONTROL '
LAW NOT REOUIRED
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• PLAN OF LAND
SALEM PLANNING BOARD Date OWNED B Y
DORIL L A MORENCY
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SALEM MASS.
SCALE.- /"= 20' OCT. 24, /979
KENNETH ✓. BOUFFARD ASSOC.
�S/lEPEBY CE,PT/FY THAT Tf//S PLAN CONFORMS TO THE PULES 94 LYNN Sr PEABODY, MASS.
ANO PEGULAT/OHS OF THE REGIJT.QY OFOEEDS-
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