31-33 STATION ROAD - ZBA 31-33 STATION ROAD }
TIMOTHY BOUCHER
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1999 FEB 23 A II: 40
DECISION OF THE PETITION OF TIMOTHY &TARA BOUCHER REQUESTING A
VARIANCE FROM THE PROPERTY LOCATED AT 31-33 STATION ROAD R-1
A hearing on this petition was held February 17, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, Stephen Buczko and
Stephen Harris. Notice of the hearing was sent to abutters and others and notices of the
hearing were property published in the Salem Evening News in accordance with .
Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Variance from front setback to construct a single family
dwelling for the property located at 31-33 Station Road located in an R-1 zone.
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
structures involved and which are not generally affecting other lands, buildings and
structures involve.
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. The petitioners, Timothy & Tara Boucher are prospective purchasers of the property
located at 31-33 Station Road. Timothy Boucher presented the petition.
2. The parcel of land at 31-33 Station Road is owned by Donald & Delinda Goudreau of
66 Moffatt Road, Salem.
3. The petitioners received approval to apply for a variance regarding the parcel of land
at 31-33 Station Road.
4. The petitioners seek a variance for front setback for the property located at 31-33
Station Road to allow the construction of single family dwelling 6'1" from the front
property line.
5. The subject property is located in an R-1 District.
DECISION OF THE PETITION OF TIMOTHY & TARA BOUCHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 31-33 STATION ROAD
page two
6. Mr . Boucher presented the Board with a petition in support of the proposed
residence at 31-33 Station Road which was signed by Dina Taruz, 35 Statiori'Road,
Donald & Delinda Goudreau, 66 Moffatt Road and Fran & John Nutting, 68 Moffatt Rd.
7. Correspondence from Stephen Dibble, Conservation Administrator, City of Salem,
conveyed that there are several existing constraints on the property including
wetlands, neighborhood flooding, and a City of Salem easement across the rear of
the property. Mr. Dibble also indicated that there exists a private sewer force line from
35 Station Road along the front property line. Mr. Dibble requested that any approval
should include a provision for and subject to required Conservation Commission
approval.
8. There was no opposition to the petition.
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 5-0 to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
Regulations
2. All construction shall be done as per the plans and dimensions submitted to the
Building inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. The petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number so as to be visible from the street. —
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7. Petitioner is to obtain approval from any City Board or Commission having a -
jurisdiction including, but not limited to, the Planning Board.
8. Petitioner shall install a sidewalk if requested by the City Engineer. >
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Variances Granted o
February 17, 1999
Stephen Buczko
Board of Appeal, Member
DECISION OF THE PETITION OF TIMOTHY & TARA BOUCHER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 31-33 STATION R-1
page three
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 17df 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
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February 13, 1999
We the undersigned hereby support Timothy J. and Tara C. Boucher for
the proposed residence at 31-33 Station Road.
Name,' I Address:
/on/
January 20, 1999
Salem Board of Appeal
One Salem,Green
Salem, MA 01970
To Whom It May Concern:
Tara & Tim Boucher have my full approval to apply for a variance regarding the parcel
of land at 31-33 Station Road, Salem, Massachusetts. I understand they are on the February 17,
1999 agenda.
Sincerely, Q�
Donald & Delinda Goudieau
66 Moffatt Road
Salem, MA 01970
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