256-262 WASHINGTON STREET - ZBA j MIGUFL FUNFZ'; (R-3)
256-469�.WASHINGTON STREET
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DECISION ON THE PETITION OF MIGUEL FUNEZ FOR A VARIANCE
FOR THE PROPERTY LOCATED AT 256-262 WASHINGTON STREET (R-3)
A hearing on this petition was held May 17, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrette, Albert Hill,
Nina Cohen and Arthur LaBrecque. 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 is requesting Variance for Change in Use (Variety Store) & a
Variance from parking for the property located at 256-262 Washington
Street. This property is located in a R-3 district.
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. The location has been in continuous commercial use.
2. The petitioner will sell toys, novelties, baby items, etc.
3. There will be no food sold.
4. There was no opposition to the request.
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.
PETITION OF MIGUEL FUNEZ FOR A VARIANCE FOR
THE PROPERTY LOCATED AT 256-262 WASHINGTON STREET (R-3)
cage two
3 . The request 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.
Therefore, the Zoning Board of Appeal voted unanimously, 3-0, to grant the
requested relief, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, 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 a Certificate`of Inspection.
4. Petitioner is to obtain approval from any city Board or Commission
having jurisdiction including but not limited to the Board of Comm-
ssion having jurisdiction over the Salem Sign Ordinance.
Variance Granted
May 17, 1995
Stephen C. Touchette, Chairman
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
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D iE OF HEARING
-_,,TIT- r:-o
.00ATION
OTION: TO GRANT SECON �\ AMENDMENT SECOND
TO DENY SECOND L
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TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
I
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE=HEAR CONTINUE
GARY N. 3ARRETT
ALBERT C. HILL
STEPHEN O'GRADY-
STEPHEN TOUCHETTE
NINA V. COHEN
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
JOSEPH J. YWUC
CONDITIONS: I
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1,zhaforml,
'TCA GE 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
UNDER M. G. L. TITLE V1I CH. 40A SEC. 7,
OF M,gss� n w/J
RALPH yG
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IHEREBY, CERTIFY TO THE BEST OF MY KNOWLEOGE NOTE, THIS PLAN WAS PREPARED FROM A
EOANIThl
HINPAEfi-D FOR
SPECIALYrSES HFLOOD HAZARD AREAAAS DELINEATED MORTGAGE PURPOSES 0M INTEND
NOFFSETS SHOWN
ON THE HAP OF COMMUNITY P250102-B PgEPARED BY THE
FEDERAL EMERGENCY NANA6EHENT AGENCY OR IT'S ON OR SCALED FROM THIS PLAN, ARE
SUCCESSORS DATED 8/5/85 PANEL T- , ZONE C APPROXIMATE ONL Y AND SHOULD NOT BE
I FURTHER CERTIFY THAT THIS INSPECTION MAS PER-• USED TO DETERMINE PROPERTY LINES.
Alm FOR CHUSE 6E LOAN INSPECTIONSTEC'WAS ADOPTED BY SCALE I �- 3O
THE NASSACHUSETTS ASSOCIATION OF LAND SUq�EYORS DATE /"day '�/, /9%s
AND CIVIL ENGINEERS. BOOK 9 0 3 9 PAGE H2 S CERT,/f
FENCES OR OgIVENAYS As 7?YEEN DOES Y DO NOTDAL NAYS I DICATE CONTROL ►r 9S— 0 1 3 C .
PROPERTY LINES ACCURATELY.
APPEAL CASE NO. . . . . . . . . . . . . .
f Ctu of 'Salem, '3Elassadjusetts
04
�9surb of '1Fpettl
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at:0.'� C.-....�.??. SN 1�%✓{.Street; Zoning District../�: 3.............:
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 1% A.1 of the Zoning Ordinance.
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clhe Ap s icatilon for Permit was denied by the Inspector of Buildings for the following
reason(s):
:1 ) " �
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:
1
Owner, < •. r-'.
Address. ........
Telephone. ��d�.. T..Z�S ............
Petitioner. .: .....::. .........
Date. ys Address.
.
,.��4dy..s�•. s/�/E
Telephone Cs°,,2
. ..................
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 c-
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Petitioner_ . . . . . . . . . . . . . . . . . . . . . .
Address.. . . . . . . . . . . . . . . . i" . . . . . . . .
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CONDITIONS
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PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( ) '
Date: . . . . . . . . . . . . . . . . . . . 19. . . . . ,