31 STATION ROAD - ZBA 31 STATION ROAD
4 TIMOTHY BOUCHER
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UPC 10333 s
No.953L-3
HASTINGS, AIN
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rv� co„T ,Q CITY OF SALEM, MASSACHUSETTS
`3 3 BOARD OF APPEAL -
a'�1 Q 120 WASHINGTON STREET, 3RD FLOOR '
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 7 J'�l
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STANLEY J. USOVICZ, JR. Iwt
MAYOR ,. — j*1, I(J:
DECISION OF THE PETITION OF TIMOTHY & TARA BOUCHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 31 STATION ROAD R-1
A hearing on this petition was held June 19, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau, Nicholas Helides and Joseph Barbeau. 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.
The petitioner is requesting a Variance from front yard setback and rear yard setback to
construct a 2 -car garage for the property located at 31 Station Road located in an R-1
zone.
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 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. Petitioner i s seeking relief of a front & rear yard setback to construct a 2-car garage.
2. A petition Signed by seven of their neighbors in favor of this request was presented
to the Board,
3. The proposed addition would only encroach on a small portion of the rear setback,
and only 3 feet of the front setback.
4. Plans were submitted showing the proposed garage.
5. There was Inc, opposition to this petition.
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DECISION OF THE PETITION OF TIMOTHY & TARA BOUCHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 31 STATION ROAD R-y
pagetwo
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Conservation Commission.
VARIANCE GRANTED
June 19, 2002 �C�
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Board of Appeal
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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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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
April 9, 2002
We the undersigned hereby support Timothy J. and Tara C. Boucher for
the proposed residence addition of a garage to the residence at 31-33
Station Road.
Name:_-�� �/ � Address:
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