18 WILLSON STREET - ZBA 18 Willson St. R-2/B-1
- - -- - 1 Cecile Berube IMMM
1
o �
(fit" of �ttlem, ��Httssrzcljusetts
'Sottra of A eel
>u.. NY Zb Z 55 Pd 'Sq
ci -, i:SS
DECISION ON THE PETITION OF CECILE A. BERUBE
FOR VARIANCES AT 18 WILLSON STREET (R-2/B-1 )
A hearing on this petition was held April 27, 1994 with the following Board
Members present: Stephen Touchette, Acting Chairman; Stephen O'Grady, Gary
Barrett, Associate Members 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, owner of the property, is requesting Variances from density and
setbacks,specifically, with respect the lot shown as Lot A on the plan
submitted, petitioner requests 5,000 sq.ft. lot size and area per dwelling
unit, 50 foot frontage and side yard of six (6) feet on easterly boundary
of lot A in order to allow existing garage to remain. With respect to the
lot shown as Lot B on the plan submitted petitioner is requesting 5,000
sq.ft. lot size and 50 foot frontage. Property is located in an R-2/B-1
district.
The Variance which has 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 structure involved and which are not generally affecting
other lands, buildings and structures involved.
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 derogating from the
intent of the district or 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. There was no opposition to the petition.
2. There was neighborhood support in the form of seven (7) letters from
neighbors and abutters.
3 . Petitioner and her late husband purchased the property as two (2)
separate lots.
4. Lot B was never built on as the petitioner and her late husband had
intended this lot to be sold in case of any financial circumstances that
could arise. Over the years these lots have merged.
DECISION ON THE PETITION OF CECILE A. BERUBE FOR
VARIANCES AT 18 WILLSON STREET, SALEM
page two
�7aY Lb 2 ss rri '
On the basis of the above findings of fact, and on the ,evi,dence presented
at the hearing, the Board of Appeal concludes as follows;- , :'. ,;S
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 unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. Property to be divided in strict accordance with the plans and
dimensions submitted.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. Petitioner is to obtain approval from any City Board of Commission
having jurisdiction, including, but not limited to, the Planning Board.
Variance Granted
April 27, 1994
Nina V. Cohen, Associate 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