3 FRIEND STREET - FERRIS, PAUL - ZBA 3 Friend St. R_2
Paul Ferris
Ctv of ttlem, ttsstttljuse##s OCT 14 8 os AH I
FILE
Paurb of 4vw
CITY CLU'FK. S4L6H,NAS
DECISION ON THE PETITION OF PAUL FERRIS FOR VARIANCES FOR
3 FRIEND STREET
A hearing on this petition was held on September 24, 1986 with the following
Board Members present; James Hacker, Chairman, Messrs. Fleming, Bencal,
Strout and Luzinski. Notice of the hearing was sent to abuttors and others,
and notices of the hearing were properly published in the Salem Evening News
in accordance with the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, owner of the property, was represented by Attorney John Serafini.
The petitioner requested Variances from 'lot area, rear yard, lot coverage, and
other density requirements of the Zoning Ordinance, in order to construct a
duplex-type, two (2) family dwelling at 3 Friend Street.
The property is an R-2 &district.
The variances which have been requested may be granted upon a finding by the
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 structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would
involve sustantial hardship, financial or otherwise, to petition; and
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 or the purpose of the Ordinance.
The Board of Appeals, after careful consideration of the evidence presented and
after viewing the plans, makes the followingfindings of fact:
l opposition to the plan, but that opposition
1 . There was substantia pp
generally approved the compromise of the plans that the Board
arrived at.
2. There is sufficient parking on the premises, a condition that
generally does not exist in the neighborhood.
3. There is no other use for the land, so that, if the petitioner
were denied his requested variances, he would suffer substantial
hardship.
4. The proposed duplex and its landscaping would enhance the
neighborhood.
On the basis of the above findings of fact and on the evidence presented at 'the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect this property but
do not generally affect other lands, buildings and structures in the
same district.
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2. r Literal enforcement of the Zoning Ordinance would involve
substantial hardship to petitioner; and
3. -The relief requested 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, those being variances from lot area, rear yard, lot coverage,
and other density requirements, provided that:
1 . The new building-be ,placed on the footprint of. the prior building,
exceeding such foot print only by the dimensions of the compromise
plan.
2. That the petitioner maintain four (4) parking_spaces on the premises.
3. That all -construction-meet the requirements of the Massachusetts
Building-
Code-4. That allthe .requirements of: the- Salem Fire Department relative
to fire prevention safety,' be complied with by the petitioner.
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5. That the petitioner obtain all necessary building and occupancy
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permits.
ames M. Fleming, Esq.
ember, Board of Appeal
P!. -AWT TO SEf17D^ 17 OF THE: MACS.-
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