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73 BOSTON STREET - BOUCHER, DEAN - ZBA a 73 Boston Street R_2 _ Dean Boucher (Owner) i� Salem 1 Housing Authority g y (Petitioner) 11 a- 1 w Ctv of -rzlem, CM assadjusetts j®9 3nnrD of Avpeal 7 qww (�J S .Ub iil J 11:: jJ DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) , DEAN BOUCHER (OWNER) REQUESTING ELIMINATION OF PREVIOUSLY IMPOSED REQUIREMENTS OF A SPECIAL PERMIT AND AN ADDITIONAL SPECIAL PERMIT AT 73 BOSTON STREET. (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Vice Chairman; George Ahmed, Albert Hill and Associate Member Nina Cohen. 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 are requesting the removal of the owner occupied condition on a decision dated July 24, 1985 which allow property to be converted to a three family and to reduce the number of parking spaces from seven (7) to four (4) . Petitioner is also requesting a Special Permit to allow an existing deck that encroaches on side setbacks. The property is located in the R-2 district and is owned by Dean Boucher. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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 reduction of the parking requirement would impact the neighborhood. 2. The proposal as submitted would have a negative impact on the surrounding neighborhood. DECISION ON THE PETIT T^11 OF SALEM HOUSING AUTHORITY (,PETITIONERS) , DEAN BOUCHER FOR ZONING RELIEF AT 73 BOSTON ST. , SALEM page two y.9 On the basis of the above findings of fact, and on tlje ;evdence : presented, the Board of Appeal concludes as follows: 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted one ( 1) in favor (Mr. Ahmed) three (3) in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied February 16, 1994 ��e,44ee OA-4) Albert C. Hill, 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 MGL Chapter 4OA and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 4OA, 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 or 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 �'CO �y Ctu 0f "ialent, fflassar4uslefts Y� (line Satem (1 tat DECISION OF THE REQUEST OF DEAN BOUCHER FOR A REQUEST FOR A SPECIFIC AND MATERIAL CHANGE AT 73 BOSTON STREET. A hearing on this request was held on March 17 , 1994, with the following Board members present : Chairman Walter B. Power , III, David Hart, John Moustakis, Debra Hilbert, Chuck Puleo, Carter Vinson and Kosta Prentakis . Notice of the hearing was sent to abutters. The Planning Board, after hearing the evidence presented and at the request of the petitioner voted unanimously 7-0 to grant leave to withdraw this petition without prejudice for a Request for a Specific and Material Change. GRANT LEAVE TO WITHDRAW WITHOUT PREJUDICE MARCH 17, 1994 Walter B. Power, 1`11 -4/. Chairman A COPY OF THIS DECISION HAS BEEN ISSUED TO THE BOARD OF APPEAL EX\DH\SMCWTHDR.WN DATE OF EARIi-;G l PETITIONER >�Znn/ 2�L� "OCATIO i ;10TION: TO GRANT SECOND TO DENY SECOND � 70 RE-HEAR SECOND iEAVE TO WITHDRAW SECOND 70 CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE STEPHEN O'GRAD GEORGE A. AHMED I / LBERT C. HILL �� STEPHEN TCUCHETTE ASSOC:= '1EMBERS NINA V. COHEN A.RTffu,R h8 FrFL CONDITIONS:4 Q� s f e ;.CoHo��� Ctu of alert, f assar4usetts i k ' d r z �.C2T1tYCTni� �II2TY�1 (line , Salera Green DECISION OF THE REQUEST OF DEAN BOUCHER FOR A REQUEST FOR A SPECIFIC AND MATERIAL CHANGE AT 73 BOSTON STREET. A hearing on this request was held on March 17 , 1994, with the following Board members present : Chairman Walter B. Power , III, David Hart, John Moustakis , Debra Hilbert, Chuck Puleo, Carter Vinson and Kosta Prentakis. Notice of the hearing was sent to abutters . The Planning Board, after hearing the evidence presented and at the request of the petitioner voted unanimously 7-0 to grant leave to withdraw this petition without prejudice for a Request for a Specific and Material Change. GRANT LEAVE TO WITHDRAW WITHOUT PREJUDICE MARCH 17 , 1994 Walter B. Power , III �9z4< Chairman A COPY OF THIS DECISION HAS BEEN ISSUED TO THE BOARD OF APPEAL EX\DH\SMCWTHDR.WN ofttlem, � ttssttcltusetts 3 ; 19ottrb of c�upettl 1 J UD DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) , DEAN BOUCHER (OWNER) REQUESTING ELIMINATION OF PREVIOUSLY IMPOSED REQUIREMENTS OF A SPECIAL PERMIT AND AN ADDITIONAL SPECIAL PERMIT AT 73 BOSTON STREET. (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Vice Chairman; George Ahmed, Albert Hill and Associate Member Nina Cohen. 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 are requesting the removal of the owner occupied condition on a decision dated July 24, 1985 which allow property to be converted to a three family and to reduce the number of parking spaces from seven (7) to four (4) . Petitioner is also requesting a Special Permit to allow an existing deck that encroaches on side setbacks. The property is located in the R-2 district and is owned by Dean Boucher. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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 reduction of the parking requirement would impact the neighborhood. 2. The proposal as submitted would have a negative impact on the surrounding neighborhood. DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) , DEAN BOUCHER FOR ZONING RELIEF AT 73 BOSTON ST. , SALEM page two `ue On the basis of the above findings of fact, and on the- evidence presented, the Board of Appeal concludes as follows: 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted one ( 1) in favor (Mr. Ahmed) three (3) in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied February 16, 1994 Albert C. Hill, 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 MGL 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 MGL 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 or 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 of �Irin, C �sscl?usFtts t JL' Y T r TO T KE S0.-'.P.D OF APPEALS: Undersigned represent that he is are the owners of a certain parcel of land located NO. . . . . . . 73. RQ5tQxl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Street; Zoning District. R2 . . and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . the Massachusetts State Building Code. ns describing the work proposed, have been submitted to the Inspector of Buildings in ordance with Section IX A. 1 of the Zoning Ordinance. Salem Housing Authority ( SHA) is the "Buyer" under an executed Purchase and Sale Agreement for the premises located at 73 Boston Street, Salem, Massachusetts . A special Permit•.was-,granted allowing the structure thereon to be converted to a three-family dwelling with the condition it be owner occupied and provide 7 parking spaces on site or on adjacent lot #75. The petitioner asks 'the Board to eliminate the "owner occupied" condi,t;on Ind to lower the ark - ing requ rement to 4 spaces and in additiono grant a special permit /&EF non-conforming existing deck located 6 .5 ' frpm the side- line or the property. Application for Permit was denied by the Inspector of Buildings for the following :sons: DIRECT APPEAL e Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem ning Ordinance and/or the Building Code and order the Inspector of Buildings to prove the application fee permit to build as filed, as the enforcement of said ning By-Laws and Building Code would involve practical difficulty dr unnecessary rds:ip to the Undersigned and relief -r�ay be granted without substantially dero- ting from the intent and purpose of the Zoning Ordinance and Building Code for e fclloring reasons: The relief requested will not be detrimental to the public good ,because the changes requested should have no.- noticeable impact i on 'the 'surrounding neighborhood ; as the building is an existing three family, the deck is in existence and the zoning requires . i 5 parking spaces . = u _ wu ^a_ _ :_ Dean Boucher and to Owner. . . . . .Kifr 'Boilthtr . . . . . . . . . . . . . . . . . . . . _ 73 Boston Street _? Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone. . . . . . Housing ,Authb;}ty„ Petltloner. . .Salem • • • • 27 Charter Street �� Address. . . g,,Iem;• M-A . .01970. . . . . . • • • • • . • • • Date. e11240$11 • • . • • • • • • Tel epho e. . ( Sos ) 714-4432 By . . . . . . . . . . K4�� ttLunc eg �alem�, MA 01970 0 �8pk Three copies of the application must be filed wit t e etre ary of the Board of A.::eals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . fc.— .:eeks prior to the meeting of the Board of Appeals. Check payable to The :ve.. . News. . NOW OR PORUEdLY NOW OR FORMERLY SULLIVAN O t >zy t0 N � i P 10 190.03 } i l: nAP-W' )}JW i� ,.1 ' C XXX A,i I t", p�r-� rkff•t` r � ' ±' 7P , ,� I, rsit ri�i, 6 ���. 1'4 } 6 r �a! s y fft kjJ 1J �r 6 5 M f CO . .•z .�^v O .. ` w S,y�iit;, r V-'�kx i45 }n3V � O ` � 1 }4i kr�' ;; t� -- 12,826 sQ. FT. '`,�.�t r O i 1 tl dl rV V . dG _ 4'x ,,'.. . � � i.'�,�� : 7r �tyi: Y,j Y 21 •; i { C , '. j��+�.i 185.06a • 4'7. 46 ._ I /2760 (n Lor f{ o 428$ Sy. 1 a CEO 7 LoT 744t04' Sl,.ff. t k 48.ef baa. s . o a - P E T (®S= dam m I I PAR ING I Fn u � _ ' � G p o zp w n 1 1 PA 'IN c, t � 8 9 Ass, GX f N9 i 7- Z; ' r b 8u, o, til I, r a� Ift r_ 75 � O5T0 SrRLLT- ? ----- --.________-_ P IJ T N R N sT B E E T � I aNE W14LL - C m t PAP- IM6 _ m u w 0 -P P I 1 I T4� PA �(INc, ti ID�a �_+ i 11t G la ( J` x (TII J P� r rl b , I � o �I 7 � ►� USTnNI S rR � Lr �1 of 5aIPTTL, C��I35tIt�llSPftB 4 Poarb D'{ e4pral DECISION ON THE PETITION OF CLIFFORD & ELLEN CLARK FOR A SPECIAL PERMIT FOR 73 BOSTON ST. A hearing on this petition was held July 24, 1 Ak w h h Qfhifllp (ing Board Members present: James Hacker, Chairman; Messrs. , ha na , u Wier, Strout and Associate Member Bencal. Notice of the hearingjHn# sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Law ChaptOtM4t1V ShLSX1UM Petitioners, owners of the premises along with Joel Decareau, request a Special Permit to convert an existing two family into a three family dwelling in this R-2 District. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, ex- tension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after hearing the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . No opposition was presented to the plan; 2. The plan will not substantially affect traffice or parking in 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 . The relief requested is in harmony with the purpose and intent of the Ordinance; 2. The relief requested will not be substantially more detrimental to the public good than the existing two family dwelling. 1 DECISION ON THE PETITION OF CLIFFORD & ELLEN CLARK FOR A SPECIAL PERMIT FOR 73 BOSTON ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, provided that: 1 . A minimum of seven (7) parking spaces be maintained, along with access thereto, either on the premise or on the adjacent lot; 2. The dwelling be owner occupied; 3. a Certificate of Occupancy be obtained. SPECIAL PERMIT GRANTED ]�/ o -4;z1i G Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK SHALL BE MADE PURSUANT TO SECTION 17 OF THE N'SS- THIN 20 DAYS AFTER THE DATE OF APPEAL FROZE THIS DECISA,,'ER "•1 IA%DF ANY. CLERK. ^•3:R GENERAL LAI'-- CH^''c2 EDB, ,,,. SHALL BE FLED W' c VARIANCE OR p"r THIS GES�'O.I IN THE ."1'C OF THE CITY gCc, SECTION 11. THE co T TC � �>< EtII C'T'_ LF..,S. CyAPTER COPY OF THE GEC'�fON. BEFF.II�-_ _C• PLP._ :a T EFi EC1 U[;TIL F CC APPEAL HAS ?^, DAYS SAVE ELAPSED AND NC GF.AI;iE3 PECEiN, Sr.'-Lt°F.... i HAS BEEN DISMISSED ^.l.E'GF THE OWNER FILAIITN OF -,s' Ui• i THAT IT .:. OR THAT. IF S� H A:: APrEAL H.:S EEEN FC- AND INDEXED UNDER ',5c ' RECO;DE11 IN THE SCJTH ESSEX RNOSED C•F DEEDS pN THE OYlNER'S CERTIFICATE OF TITLE. OF RECORD OR IS RECORDED AND BOARD OF APPS WdN�1nd . PUT N AM S T.. b, 00- S P av 1�3� 010 z a 9 2970 N _ C � Z v O O \ 46r N O Zc 0, . ic rb > Q - -- - _ .. ':.� •e _ .+ms_.'Y +�.tea s" � N• ��� 27.0lid o a 3N111,. 71S- BOSTON ST _ - - N O 7u..l..�l.(! � '✓-� " 7...r .�a'"`"_'.T:C."^ --r�-i'.'i`�.�vii..r-^..na �-+na-ti -9� -�rL. OCT 143 i4 PUB] �' (Ilifg of 5airm, j4Ftt55ttcfju5Pff$ 3 � FILEN � $ pwirb of Appenl CITY CL€AK.SALEM. NASt. DECISI014 ON THE PETITION OF DEAN T. BOUCHER FOR A SPECIAL PERMIT AND VARIANCE FOR 75 BOSTON STREET (R-2) A hearing on this petition was held August 5, 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski and Associate Members Dore and 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 accord- ance with Massachusetts General Laws Chapter 40A. The petitioner, represented by Attorney George Vallis is seeking a Special Permit and Variance to allow four (4) residential units to be constructed on an undersized lot at 75 Boston Street, which is located in an R-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance the Board of Appeal may, in accordance with procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures,a nd for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In mroe general terms, this Board is, when reviewing Special Permit requests, guided by. the rule that a Special Permit request ray be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Variance which has been requested may be granted upon a finding of 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 substantial hardship, financial or otherwise, to the petitioner; and c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating fror,, the intent of the district or the purpose of the Ordinance. The Board of Appeal, after hearing the evidence, and after viewing the plans presented, makes the following findings of fact: 1 . No opposition to the petition was presented at the hearing; 2. Councillor at Large Robert Gauthier spoke in support of the petition, indicating that the proposed four (4) townhouses would be an appropriate development in one of the main entrance corridors of the City. DECISION ON THE PETITION OF DEAN T. BOUCHER FOR A SPECIAL PERMIT AND A VARIANCE AT 75 BOSTON STREET, SALE'•: page two 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 . The proposed development will promote the convenience and welfare of the City's inhabitants and will be in harmony with the district; 2. The relief requested can be granted without substantial detriment or without nullifying or substantially derogating from the intent of purpose of the Ordinance; 3. Special conditions exist which especially affect the subject property but not the district generally; 4. Literal enforcement of the provisions of the Ordinance would involve substantial economic hardship to the petitioner. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Varaince and Special Permit, allowing the construction of four (4) residential units on the undersized lot, subject to the following conditions: 1 . All construction be done as per the plans submitted to the Board; 2. Fourteen (14) off street parking spaces be maintained, as per the parking plan submitted to the Board; 3. A right of way from Putnam Street, allowing vehicular access, be created by deed, and properly recorded in the South District, Essex County Registry of Deeds; 4. All the requirements of the Salem Fire Department, relative to fire safety, be adhere to; 5. Proper numbering of the four (4) residential units be obtained from the Assessors Department, City of Salem; 6. All construction meet the re:uirements of the State Building Code; 7. Building be obtained from the Salem Building Inspector; 8. A Certificate of Occupancy be obtained for each unit prior to occupancy; 9. The four (4) residential units have exteriors that blend with the existing neighborhood; 10. Al vehicular access and egress to and from the site be from Putnam Street, vehicular access and egress teing prohibited to and from Boston Street. VARIANCE & SPECIAL PERMIT. GRAN7ED , �B APPEAL FROM THIS DECISION, IF ANY. SHALL BE 6:ADE PURSUANT TO SE 7 CF GENERAL LI,Y:S. CH, F7ER KE A'7 SHALL EE UEL WITHIN 2O CAYS 3CeS M. Fleming, Esq. , Vic Chairman OF THIS CEC!S:O:. 1': THE CFFI:E OF THE CITY C'_ERri. A GQPY;;F3E �iilS;Dc`FISSOPI`-RAS B=ED F"f! f E ANNING BOARD AND THE CITY CLERK C7FY S] t J LGi is Or 'h. CtF• 7^ �"' _Sr �v+ri 11 ,I i` : D. - OR THT, IF ST:r. :F. APPEAL ' . . RECO"nOiJ I.; THE SG:?H ES_:'•. RE', O. •_ OF RECUR OR IS R--nRDED Z-1 01: TEE Olf:ER'S OERTIF1CA:E C Jun C• y (Jitu of ialrm, ��assttLnusPfts�L. 1 DECISION ON THE PETITION OF DEAN BOUCHER FOR iARIANCES AT 75 BOSTON ST. (R-2) A hearing on this petition was held June c, 1989 with _he following Board Members Present: James Fleming, ::hairman; :-?essrs. , Febonio, Dcre and _aBrecaue. ;otice of the hearing was sent to abutters and others and not_ces of 'he hearing were properly published in the Salem Evening News in accordance with `iassachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Variance to allow construction of a four (4) unit residential building and garage in this R-2 district. The Variances which have been requested may be granted ;oon a finding of 'he Board that: a. special conditions and circumstances exist which esoeciall; affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district: It. literal enforcement of the provisions of the Zoning Ordinance .could involve substantial 'hardship, financial or otherwise, to the petitioner; 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 Appeal, after careful consideration of the evidence presented and after viewing the plans, makes the following findings of `act: 1 . There was no opposition and several people, including the Ward Councillor Leonard O'Leary, spoke in favor. 2. A previous Special Permit and Variance had been granted to anis property allowing construction of four (4) attached dwellings together with a garage. The topography of the lot plus substantial areas of '_edge make this a more feasible development of the land. There will be adequate parking on site On the basis of the above findings of fact, and on the evidence Dresented at the nearing, the Board of Appeal concludes as follows: ' . Special conditions exist which especially affect the subject property but not the district generally; 2. Literal enforcement of the provisions of the Ordinance would work a substantial hardship to the petitioner; DECISION ON THE PETITION OF DEAN BOUCHER FOR VARIANCES 5T 75 BOSTON STREET, SALEM =age two -he relief request can be granted without substantiaidetrimenc to the public good and without nullifying or substantially derogating from the intent of the district or the ourpose of the Ordinance. 'herefore, the Zoning Board of Appeai noted unanimously, -0, to grant the red'uesced Variances from minimum lot area, Side yard setbacks, front vara setbacks and use to allow construction of a four residental unit building plus arage, subject to the following conditions: All construction be done as per the pians submitted. 2. Eight (8) on site parking spaces be maintained, as per the plan submitted. :. right of way from Putnam Street, allowing vehicular access, to created by deed, and properlty recorded in the South District, Essex County Registry of Deeds. A-11 the requirements of the Salem Fire Department, relative to fire safety be adhered to. Proper numbering of the four (4) units be obtained from the City of Salem Assessors Department. :.11 construction comply with the Massachusetts State Building Code. - . Suilding Permit be obtained from the Inspector of Buildings. Certificate of Occupancy for each unit be obtained. Exterior finishes of the proposed building and garage blend with the existing neighborhood. 'O. All vehicular access and egress to and from the site be from Putnam Street, vehicular access and egress being prohibited to and from Boston Street. 7ARIANCES GRANTED dames M. Fleming, Esq. , irman COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK " ...; decision, if any, shall be made pursuant to Section 17 of Laws. C1ccp:er 808, and snail be filed within 20 day$ - - !- :+ er Gvs decis!cn in the erfice of the City Clerk. -. r,^.ora! L.raic, Ch.',ter E03. Section 11. the Variance hs,-cin snail nYt take etfact until a copy of the ;.r r:.—;rc:iticn of tho C!ty Clark that 20 days have has teen filed. or that. it such aPPeal has been `con C: rnissed or eeniad is recorded in the South Essex .. s LC-1.!S and tdazad undar the name or the o::•ner of record or is rccorrod anu rated on the owner's Certificate of Title.. BOARO OF APPEAL' CITY OF SALEM CITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL A '"- 745-9595 Ext. 381 '" '' 745-9595 Ext. 381 Will hold a public hearing for all persons inter- Will hold a public hearing for all persons inter- ested in the petition submitted by SALEM ested in the petition submitted by SALEM 1 HOUSING AUTHORITY requesting removal of HOUSING AUTHORITY requesting removal of owner occupied condition, lower parking from 71 r occupied condition, lower parking from 7 to 4 spaces, and Special Permit to allow existing ! to 4 spaces, and Special Permit to allow existing deck at 73 BOSTON STREET(R-2).Said hearing." - ` deck at 73 BOSTON STREET(R-2). Said hearing', to be held WEDNESDAY,FEBRUARY 16, 1994; r to be held WEDNESDAY, FEBRUARY 16, 1994; AT 6:00 P.M.,ONE SALEM GREEN,second Floor: AT 6:00 P.M,ONE SALEM GREEN,second Boor; FRANCIS X. GREALISH, JR., Chairman FRANCIS X. GREALISH, JR., Chairman February 2, 9, 1994 SN38640 February 2, 9, 1994 SN38640 t t •;� Cl � ixfLm, C �s� Llnz�t tts Tsarb of, 7C Th'E 50AP,D Of APPEALS: Undersigned represent that he is ,are the owners of a certain parcel of land located NO. . . . . . . 73. Agstom. . . . . . . . . . . . . . . . . . . . . . . . . .. Street; Zoning District. RZ . . and said parcel is .affected by Section(s) . . . . . . . . . . . . . . . . the Massachusetts State Building Codi. - ns describing the work proposed, have been submltted. to the Inspector of Buildings in ordance with Section IX A. 1 of the, Zoning Ordinance. Salem Housing Authority ( SHA) is the "Buyer,' under an executed Purchase and Sale Agreement for the premises located at 73 Boston Street, Salem, Massachusetts . A special Permitiwal.s;granted allowing the structure thereon to be converted to a three-family dwelling with the condition it be owner occupied and provide 7 parking spaces on site or on adjacent lot #75 . 1 The petitioner asks the Board to eliminate the "owner occupied" coedg;.tt;on nd to lower the ark - ing req v cement to 4 spaces and � in additiono grant a specia� permit der non-conforming existing.'deck located 6.5 ' fr9m the side line of the property. - Application for Permit was denied by the Inspector of Buildings for the following asons: DIRECT APPEAL i i E Undersigned hereby petitions 'the Board of Appeals to vary.the terms of the Salem ning Ordinance and/or the Building Code and-order the Inspector of Buildings to prove the application fee permit to 6iuild as filed; as the enforcement of said nine By-Laws and Building Code wouldlinvolve practical difficulty or unnecessary rds^ip to the Undersigned and relief fray be granted without substantially dero- ting rrom the intent and purpose of the Zoning Ordinance and Building Code for e following reasons: The relief requested will not be detrimental to the public good ,because the changes requested should have no; noticeable impact` on "the 'surrounding neighborhood ; as the building is an existingy three family, the deck is in existence and the zoning requires 5 parking spaces. T U" Tem w Dean Boucher and vn j Owner. . . Kim, B6tichtr . . . . . . . . . . . . . . . . . . . . o- 73 Boston Street ea a i . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g� U. Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' > Petiti.oner. . Salem Housing ,Au thb;}tg , , , , , mo - 27 Charter Street Address. . . . .RaIem;• M-Y - 01970• • • • • • • • • • • • • • . Date.!,lr./� ' . . . . . . . . Teleph e. ( 08 ) 4-4 32 . . . . . . . . . . . . . . . �� g . . . . . . . . . . . . . L a J. -Lundregg , Esq. dsn is St. , alem, , MA 01970 Three copies of the application mustibe filed wit It e) S ecre ary of the Board of Rr._als with a check, for advertising to the amount of. . . . . . . . . . . . . . . . . . . . . : . . . . fe.:r weeks prior to the meeting of the Board of Appeals. Check payable to The e, News. Ctu of 'Salem, 'fflttssadjusetts M ;a4 ' 19nura of �kpveal March 15, 1994 YOU ARE HEREBY NOTIFIED THAT AS OF MARCH 10, 1994 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO DENY THE PETITION OF THE SALEM HOUSING AUTHORITY REQUESTING RELIEF FROM OWNER OCCUPIED AND PARKING CONDITIONS SET ON A PREVIOUSLY GRANTED SPECIAL PERMIT AT 73 BOSTON STREET. PROPERTY IS OWNED BY DEAN BOUCHER. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD 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 MGL 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 MGL Chapter 40A. , Section 11, the Variance/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 owners Certificate of title. Board of Appeal Q r4 ofttlem, � ttssrzc(tusetts 3 9Paurd of Atvenl _ .. �S CfT� DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) , DEAN BOUCHER (OWNER) REQUESTING ELIMINATION OF PREVIOUSLY IMPOSED REQUIREMENTS OF A SPECIAL PERMIT AND AN ADDITIONAL SPECIAL PERMIT AT 73 BOSTON STREET. (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Vice Chairman; George Ahmed, Albert Hill and Associate Member Nina Cohen. 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 are requesting the removal of the owner occupied condition on a decision dated July 24, 1985 which allow property to be converted to a three family and to reduce the number of parking spaces from seven (7) to four (4) . Petitioner is also requesting a Special Permit to allow an existing deck that encroaches on side setbacks. The property is located in the R-2 district and is owned by Dean Boucher. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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 reduction of the parking requirement would impact the neighborhood. 2. The proposal as submitted would have a negative impact on the surrounding neighborhood. c 4 DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) , DEAN BOUCHER FOR ZONING RELIEF AT 73 BOSTON ST. , SALEM page two L Su3i ill On the basis of the above findings of fact, and on the;evidenee presented, the Board of Appeal concludes as follows: 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted one (1) in favor (Mr. Ahmed) three (3) in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied February 16, 1994 D // Albert C. Hill, 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 MGL 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 MGL 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 or 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 of -,-Salem, �Ragzarllusetts s �Bnara of Aupeal °ems ; J uu ivi'i �y iian 1J DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) , DEAN BOUCHER (OWNER) REQUESTING ELIMINATION OF PREVIOUSLY IMPOSED REQUIREMENTS OF A SPECIAL PERMIT AND AN ADDITIONAL SPECIAL PERMIT AT 73 BOSTON STREET. (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Vice Chairman; George Ahmed, Albert Hill and Associate Member Nina Cohen. 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 4OA. Petitioner are requesting the removal of the owner occupied condition on a decision dated July 24, 1985 which allow property to be converted to a three family and to reduce the number of parking spaces from seven (7) to four (4) . Petitioner is also requesting a Special Permit to allow an existing deck that encroaches on side setbacks. The property is located in the R-2 district and is owned by Dean Boucher. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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 reduction of the parking requirement would impact the neighborhood. 2. The proposal as submitted would have a negative impact on the surrounding neighborhood. 'C DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) , DEAN BOUCHER FOR ZONING RELIEF AT 73 BOSTON ST. , SALEM page two - 3 {jtit D On the basis of the above findings of fact, and on tlLe evidence presented, the Board of Appeal concludes as follows: - 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted one ( 1) in favor (Mr. Ahmed) three (3) in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied February 16, 1994 Albert C. Hill, 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 MGL 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 MGL 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 or 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 I �� /'r�0 79 i , �� ��� V,� .`�:T F...., '•.,, '' �` �'..,'.v"' ��� VV17 IA;— y + 'ossf9s �'qFF C2 44\` � O � �pti �+ n� 0 ,� y b4 ti yy ytiy, 0 O 3 4 O w '3"� � n° l\\j °• a ear U N OO 9Y` A1•ti�a C�� O L� lb 0 "ice o�Sb ,ow Y�r) Op�9 A .ee s 'a6• oA y4ti a 6 S if d '�4 y OU L4 0e0vW 4 O �\ I 1p b; � pOpOf 4 CV `,. c o 2 a F =a FFT a RO 0 R k as �`O3 ee C4 °ro � A 9dv0 k W INna N rte. E<r .. y...z� °`n-�i s',,,=`"•^<,Y �a.��.- a<.��'3h�i '" .i'E'-5',,,a"§=� �i" �°�,+"" £s.a..+' � .+�c..R» � "r'l. 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E.......... aOwWrJtY, nxrr .......... 1 7 12 10 MAP Lo I Sut-F & i3 :40 5 15 0291 0073 BOSTON STREET BOUCHER DEAN T 13 ARTHUR ST 16 ........... .......... ........ 17 .......... .. • ........... 14 -0 T,R. -1-1,1 R.EALV',% ..........I........ uTel""'e—.... R!SE:GNA­1% EL L B 20 15 Us I l IT 17 SALEM MA 01970 220 15 0285 0071 BOSTON STREET ROBERTS RONALD A 71 BOSTON STREET 24 Ill,$,i 25 .......... 26 HN, & ISOM s 60, 6. ............ 0 -%,,-,I,�e%....... Z.11-1111111. ... ...... ... AIXK MA:IGIP,70 ...... 27 .............. 21 1.11,11 u I u 281 2 23 3 1 24 -15 02"13 83 0024 PUTNAM STREET' CYR A RALPH 48 HANSON STREET DOWNEY K'IM E SALEM MA 01970-2801 31 I ll�3 z5:;..... ..... �3 .................. I XCUSTREET-,%e, Ill I I -1.3,:A THWST�,11.... P79 p6sV I Y,1". ...... .................... 'I..... ............... ........... ^ISA M Iojss T. 3 -M-HER-,,DEAN .T, V,CKA)N�E,,, XME`,�� % lk ..........I ...... 28 37 29 3 9 .3 30 40 31 TI ....... ..... ....... ........... .... 'I"I............ 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