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256-262 WASHINGTON STREET - ZBA (2) 256-262 WASHINCTON STREET FRANCES TAVAREZ i \\U v \ �D of -1&tt1em, � ttssttrllu$etts 3 9 Poura of �vpeal Jun 23 2 5G DECISION OF THE PETITION OF FRANCIS TAVAREZ REOUESTING A , VARIANCE FOR THE PROPERTY LOCATED AT 256-262 WASHINGTON STREET (B'l ) ie: A hearing on this petition was held June 19, 1996 with the following Board members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph Ywuc and Richard Dionne. 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 request a Variance for a Change of Use from a Variety Store to a Travel Agency. This is for the property located at 256-262 Washington Street. The Variance which has been requested may be granted upon a finding of 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 land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. Bill McKinnon, director of the H.L. Realty Trust, appeared for the petitioner. 2. Petitioner seeks a variance for a change of use to allow a travel agencv to conduct business in the property at 262 Washington Street. Petitioner also seeks a parking variance, for the same purpose. 3. There was no opposition to the proposed action. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. DECISION OF THE PETITION OF FRANCIS TAVAREZ REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 256-262 WASHINGTON STREET (B-1) page two 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 statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain building permit prior to beginning any construction. 4. A Certificate of Inspection is to be obtained. Variance Granted June 19, 1996 ak',- CSC Nina Cohen, 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 DATE OF HEARINGLl /✓� PETITIONER LOCATION MOTION: TO GRANT b SECOND AMENDMENT SECOND TO DENY SECOND I TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND I ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE GARY M. BARRETT ALBERT C. HILL— = SPEFHEF-TO CHU ETTE NINA V. COHEN 4z" ASSOCIATE MEMBERS ARTHUR LEBRECQUE / JOSEPH J.YWUC CONDITIONS: G l/l e cell . \zbaform\ i sy"`�`40� APPEAL CASE NO. . . . . . . . . . . . . . if # rs��m, � �zss�c�jusetts 64 iuewc Poura of ' pPvenl TO THE BOARD OF APPEAL: The Undersigned rep sen t t he/she is/are the owners of a certain parcel of land located at: ;7 Y:'-!'!hj;�. ..Street; Zoning District... ......... .. ......: and said parcel is affected by Section(s)..... ....... .. ........ of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section I% A.1 of the Zoning Ordinance. -' m V1 �> CA N .� Gtr Q N Q') 6L w W a o Ca n Uj C1 w<t N c.: n aThe Appli¢a4on for Permit was denied by the Inspector of Buildings for the following -feasofii('s): 7 The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: V n 9 Ovner�i7ivY"`fit-•y���/ dR��j�/� .... Address.7! is Z** dpi..: .... Telephone....!y���....Y.L..rOz ..... PetitionerY....n G�5 a7(lc7✓G Z ....................... Address v. D �l J a.rre'l Si, Date....... Telephone.(n ) y� � . . Za 6 By...................................... Three copies of the application must be filed with the Secretary of the Board of Appeal with a check, for advertising in the amount of $............. four weeks prior to the meeting of the Board of Appeal, Check payable to the Salem Evening News. NO. . . . . . . . . . . . . . . . . . . PETITION TO BOARD OF APPEALS LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner. . . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PETITION APPROVED. . . . . . . . . . . . . ( ) DENIED. . . . . . . . . . . . . ( ) Date: . . . . . . . . . . . . . . . . . . . . 19. . . . . JRTGAGE SURVEY PLAN IN ' SALEM, MASS. � REID LAND SURVEYORS ' 365 CHATHAM ST., LYNN, MASS. I CERTIFY THAT THE BUILDING IS LOCATED NOTE. WHEN OFFSETS ARE AS SHOWN AND CONFORMED TO THE ZONING ONE FT. OR LESS A FULL SET BACK REQUIREMENTS OF THE CITY OF INSTRUMENT SURVEY IS SALEM WHEN CONSTRUCTED, OR IS RECOMMENDED. EXEMPT FROM VIOLATION ENFORCEMENT ' 444 UNDER M. G. L. TITLE VII CH. 40A SEC. 7, `H OF 4ly,i , LPN ' WILLIAM m 'I v REID 4 No.29422 ST 9 O Jen �l:n5 79. S r I r1le t^ /Rea/Zj �st h (9 /7 400!- S. F 0 v a,. k '�2Ce2 "{Z60 't2 S6 'ff256 f vo 93.28 � SAO f h,-cl 46Z W/a S .N//VG T'O iV %5.T ' 'I, HEREBY, CERTIFY TO THE BEST OF MY KNONLEDGE ED MNOTE.' THIS PLAN WAS PREPARED FROM A THAT THE PREMISES SHOhON THIS PLAN ARE NOT LOCA 7- TAPE SURVEY ANO IS INTENDED FOR ON THF HAZARD AREA AS DELINEATED MORTGAGE PURPOSES ONL Y. OFFSETS SHOWN FEDERAL EMERGENCY MANAE MAP OF COMMUNITY A SPECIAL FLO0 /OD 250!02-B PREPARED BY THE ON OR SCALED FROM THIS PLAN, ARE SUCCESSORS DATED B/5/B5,GEMENT AGENCY OR IT'S PANEL S , ZONE CAPPROXIMATE ONL Y AND SHOULD NOT BE I FURTHER CERTIFY THAT THIS INSPECTION MAS PER-' USED TO DETERMINE PROPERTY LINES. ADFOR MOR76A6E/DAN NSPECTI MS'wASAADOPTED BY SCALE 1 -30 THE HASSACMdSETTS ASSOCIATION OF LANG SURVEYORS DATE i"Je y 'N, AND CIVIL ENGINEERS'. BOOK 9039 PAGE H2 6- CERT,to FE ES OR ORIYENAYS SE7NEY DO NOTDAL MAYmMATE CONTROL of /°9S— O / 7 3 .4 . PRZVER7Y LINES ACOLR4TELY.