73 BOSTON STREET - CLARK, CLIFFORD - ZBA 73 Boston St. R-2
Clifford Clark
N—
�S'
S�
DATE OF HEARING 71 j/`,
PETITIONER
LOCATION
MOTION: TO GRANT 2/ SECONDED
TO DENY SECONDED
LEAVE TO WITHDRAW SECONDED
CONTINUE SECONDED
ROLL CALL ABSENT PRESENT (GRANT DENY WITHDRAW CONTINUE
SCOTT CHARNAS
JAMES HACKER
ROBERT GAUTHIER
EDWARD LUZINSKI /
PETER STROUT r/
ASSOCIATE MEMBERS
RICHARD BENCAL
ARTHUR LABRECQUE
DISCUSSION & CONDITIONS: \ / /
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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 wTh ghq�lq�ing Board
Members present: James Hacker, Chairman; Messrs. , harna u ier, Strout and
Associate Member Bencal. Notice of the hearinWItLag sent to abutters and others
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Law Chapj9rY4f`1 v. SUEM.1kAM
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
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
To SECTION 17 OF THE MASS.
THIN k DAYS AFFER THE DATE OF FILING
APPEAL FROh1 THIS DECISI_N. IF A"JY, SHALL BE MADE PURSUANT
< CI{A71ER E08. AND SHALL BE FILED WI `'f.:;J ^r:":R
GENERAL LAVJ_-
,Jil III THE pFF:LE OF THE CITY CLERK. THE VARIANCE OR
OF THIS DE ;zRi
71'!'CA- L':::5. CHAPTER 8CS. SECTION 11, - �•
PUPcANI TC L:�`- TIL A COPY OF THE CECISION, BEFF.IF
?^, DAYS h;AVE EIAPScp AND NC APPEAL HAR is
GF.ANIED HECEiI:. S'r.':''-V,t.E.. it En DA, U'• HAS BEEN DISMISSED - .J.E GF THE OWNER
FILAII^_N Of iH: L'�� i THAT IT .:.
OR THAT. IF S6 N A:: APeEAI FaS. E"I R_E. AND INDEXED UNDER '•`+> '
OF RECORD OR H RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
RECORDED IN THE SLOTH ESSEX REGISTRY OF DEED
BOARD Of APPEAL
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
Ctg f e ale c �z�sttclju�Et#s
attrD of Cal
r.
TO THE BOARD OF APPEALS: �O ���J�
The Undersigned represent that he is ar�IT'04 In, of a certain parcel of land located
at NO. . . . ..l 3. . .6bS �O;;. . .SJd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.h.P�
. ; 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 IX A.1 of the Zoning Ordinance.
Kee- 7— rjoe�q L
The Application for Permit was denied by the 'lnspector of Buildings for the following
reasons:
Z-) At L
The Undersigned hereby petitions the Board of Appeals 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 dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Owner. . �.. . .°�. . . . . .`.`. C. . . ✓. .
Address. .'Z .3
Telephone. . . ��,U . . . . . . . . . . . . . . . . .
Petitioner. . . . . M KX
// Address. . . :7.3. . .3�5 ^:. . . . . . . . . . . . . . . . . .
Date. .Q�'/ qv� s . . . . . . . . . Telephone. . . .
�oy' .7 ° t�. . . . . . . . . . . . .
�, � /.y.
By. . . . 4Ii�'":'. .�:'. . . . . . . . . . . . ... . . . .
Three copies of the application must be filed with the Secretary of the- Board- of
Appeals with a check, for advertising in the amount of. . . . . : . . . . . . . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO....................................
PETITION TO BOARD OF APPEALS
LOCATION
................................................................
PETITIONER..........................................
ADDRESS...............................................
........... ....................................
CONDITIONS
................... ....................................
........................ .......................................
................................................................
.................................................................
...................... ...........................................
............................................................
PETITION APPROVED.................... ❑
DENIED.........................
19.........
f1�i# of �$ttfrm, Anssttr4use##s
Paxrb of 4pfal
August 12, 1985
NOTICE IS HEREBY GIVEN THAT AS OF AUGUST 7, 1985 THE
DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE
OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF
CLIFFORD & ELLEN CLARK FOR SPAECIAL PERMIT TO CONVERT
EXISTING TWO FAMILY INTO A THREE FAMILY DWELLING AT
73 BOSTON ST. (R-2)
BOARD OF APPEAL
Brenda M. Sumrall, Clerk
Appp�WM Mn MEOMD19, %F ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE FILING
i 00a WAL>JS,Q,`jw ZiR , AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF iIS. ®6[1BDm ITT THE OFFICE OF THE CITY CLERK.
IpUR9AT\'T TFD I{+ SSt GENERAL LF,WS, CFfA7TER 308. SECTION 11, THE ' OR SPECIAL PERMIT
'6[YANIILD ivvRE.1^L SHALL NQi TAKE EFFECT UNTIL A COPY OF',H:10 "EC PIPEALBHAS OEE NH FILED,T
Ip(0y)N[gN'OF THE CITY CLERK THAT 2O DI FIE TH ELAPSED
,a.THAT, IF SUCH AN APPEAL HAS BEEN FlLE,DEEDS
IT HAS BEEN DIS`.DER T DR DENIED IST
RECORDS IORTHE
SOUTH
EESSEX
ANDRNOTEDYONFTHEEOWNER'S INDEXED
OF TIITLE.OF AME OF THE OWNER
RECOR
BOARD OF APPEAL
Ti#u of "Salem, 'ffia5sarhuGe#ts
Aire Department �Heabquarfers
ROBERT J. CROWLEY 48 ?1afgrfte titrret
A/Chiefalem, tt. 01970
Date: July 24, 1985
City of Salem Re: 73 Boston Street
Board of Appeal Clifford and Ellen Clark
One Salem Green
Salem, MA 01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The property located at #73 Boston Street obtained compliance with Chapter 148,
Section 26E, Massachusetts General Laws, on May 27, 1982.
Should the petitioner be granted a Special Permit to convert this occupancy from
a (2) two-family dwelling to a (3) three-family dwelling, a fire alarm System
appropriate for the intended occupancy shall be installed prior to the issuance
of a Certficate of Occupancy.
espectfull
t1l
yn P. LaPointe
Fire Inspector
cc: Appellant
Building Inspector
File
Form #105
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ire Department �ieabquartcrs
ROBERT J. CROWLEY 48 `Eafngrltr *trcrt
A/Chfe( 4ttlrm, tt. 01470
Date: July 24, 1985
City of Salem Re: 73 Boston Street
Board of Appeal Clifford and Ellen Clark
One Salem Green
Salem, MA 01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed npanjq and address, the Salem Fire Department requests the
following it N5 placed on record:
The r0 () CCatedd at #73 Boston Street obtained compliance with Chapter 148,
Sec 2 E, Massachusetts General Laws, on May 27., 1982.
Should the petitioner be granted a Special Permit to convert this occupancy from
a (2) two-family dwelling to a (3) three-family dwelling, a fire alarm System
appropriate for the intended occupancy shall be installed prior to the issuance
of a Certficate of Occupancy.
espectfu1l
�1� t
t1XPointe
L
Fire Inspector
cc: Appellant
Building Inspector
File
Form #105
�� 6� �
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- iegai leg jc`C92 Oz 4 e 07.17-85
legal leg jc C92 02 4 e 0717 85 CITY OF SALEM
CITY OF SALEM - � BOARD OF APPEAL
`i BOARD OF APPEAL 745.0215
745F A Will hold a Public Hearing for all persons in-
Will hold a Public Hearing for all persons in- terested in the petition submitted by Cliffors and
Ellen Clark for a Special Permit to convert an
terested in the petition submitted by Cliffors and existing two family dwelling into a three family
Ellen Clark for a Special Permit to convert an dwelling at 73 Boston St. (R-2). Said hearing to
existing two family dwelling into a three family be held Wednesday, July 24, 1985 at T:00 P.M.,
dwelling at 73 Boston St. (R-2). Said hearing to One Salem Green;2nd floor.
be held Wednesday, July 24, 1985 at 7:00 P.M., j JAMES B. HACKER,Chairman
One Salem Green,2nd floor. IJuly 10, 17, 1985
JAMES B.HACKER, Chairman
July 10,17, 1985
legal leg je C37_09
legal leg Je C2709A
Y
aegai ieg 7c c92 02 4 e 07 17 85 y - -
bai ieg 1e C92 024 a 0717 85 CITY OF SALEM
BOARD OF APPEAL
CITY OF SALEM 745-0215
-BOARD OF APPEAL Will hold a Public Hearing for all persons.in-
j n the petition su
7terested in by Clfffors and
Ellen Clark for a S
Will holdVa Public
Hearing
earing for all persons in- existing two family d weal Permit to convert an
terested in the petition submitted by Cllffors and welling into a three family
Ellen Clark for a Special Permit to convert an dwelling at 73 Bost
on St. (R-2). Said hearing to
existing two family dwelling into a three family j +, be held Wednesday, July 24, 1985 at 7:00 P.M.,
dwelling at 73;Boston St. (R-2). Said hearing to h One Salem Green,2nd floor.
be held Wednesday, July 24, 1985 at 7:00 P.M., y JAMES B.HACKER, Chairman
One Salem Green, 2nd floor. y 1 July 10, 17,1985
July 10,'17, 1985 JAMES B. HACKER, Chairman f �
. legal leg je C37 02 4
legal lee
cmvik
BOARD OE ASSESSORS
4
A 93 WASHINGTON STREET. CITY HALL. SALEM,MASSACHUSETTS 01970 (617) 744-0660
ABUTTERS
JUNE 11, 1985
TO: 73 BOSTON ST: ` ASSESSED OWNER: CLIFFORD CLARK, ELLEN CLARK MAP 15 LOT 291
JOEL DECAREAU
MAP LOT LOCATION ASSESSED OWN MAILING ADDRESS
15 285 71 BOSTON ST RONALD ROBERTS SAME AS LOCATION
15 286 69 BOSTON ST PETER COPELAS JR 35 BOSTON ST
SALEM, MA 01970
15 284 75 BOSTON ST CLARK CLIFFORD, ELLEN .LA SAME AS LOCATION
& JOEL DECAREAU
15 283 24 PUTNAM ST A. RALPH CYR 48 HANSON ST
SALEM, MA 01970
15 292 79 BOSTON ST DEAN BOUCHER EAS LOCATION
15 298 11 GOODHUE ST HOWARD REAL ESTATE TRUST "
JAMES WEENER TR
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Psarb Df
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, 19 whhgf�}] ing Board
Members present: James Hacker, Chairman; Messrs. , ha na u ier, Strout and
Associate Member Bencal. Notice of the hearinjFj&s,# sent to abutters and others
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Law ChaplCiT 4=V. S,aLE4X,AAM
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.
a
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
J� z
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
TO SECTION 17 OF THE NO.SS.
APPEAL FROM THIS DECISI"N, IF ANY, SHALL BE MADE PURSUANT
R THE DATE OF FILING
< CIIAPT ER €DS. F.^1D SHALL BE FILED WITHIN 20 GAYS ARE �r,� ;R
GENERAL LAI— DFRCE OF THE CITY CLERK. E VARIANCE OR Sr�r' -
OF THIS DEC:S'O;; 19 THE CHAPTER SGS. SECTION 11. EG _FFIF - 'R7
PUP.So,I;T TO L>>` ' 't"CT" Ll.:;S_ ALA COPY OF THE CECl510N. B° .,_
EF DAYS :T'L ELAPSED AND NC 0.PPEAL HAS iS
GF.A1;1 E� HECEA, S'rd:•L C,,; ,n•E EFi ECT V HAS BEEN DlShtiSSED :.R . '
FE.: .I'{F' TH Ai IT ..bf OF THE OGNER
FIOATI^_N
of TH: l;l, p„:F. EEEt; FILE. .•.
OR THAT. IF S� II A:: APr:AL EX RISiRY GF DEEDS AND IND ED UNDER -,II '
REGRECORD IORT IS REGORDEDSAND NOTED DN THE OVINER'S CERTIFICATE OF 71 RE.
OF BOARD OF APPEAL
CtU of �$ttlent, fflassar4usdis
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J F Psarb II{ &AFI22il
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, 1Ikk wUh 9 ]ling Board
Members present: James Hacker, Chairman; Messrs. , ha na u ier, Strout and
Associate Member Bencal. Notice of the hearingjLia# sent to abutters and others
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Law Chapj9rY4=V. $hLfiN,jkAM
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. Theplan 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.
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
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 MP.SS.
BE FILED WITHIN ' GAYS AFTER THE DATE Of FILING
APPEAL FROM THIS DECISION, IF RNY, ; ;R
GENEP.AL LAWS. CHARTER £OZ. P.tiD SHALL OF HE CtT� CLERK. c VAmANCE OR SF'r;�;
OF THIS DEC:SOi: 1:1 THE C'Ff,,CE CHAPTER BOS. SECTION 11, TH. -„_ E=RT'
PUPS c,!CT TO i.:.�SS "S TIL A COPY OF THE DECISION, BEF.F.II ,
2D DAYS HAVE ELAPSED AND NO APPEA! HAS •.,. ,I,," IS
GF.AI;iE1 HE08Y., SF,%t•_L 1:.:1 ,I`.''c EFi2CT U HAS BEEN DISMISSED .rl,E GF THE OGNER
FICA1l^N Df TH= L'^.I APr'dAL K 'S. EEEW Fl!E. THAT IT k.
OR THAT. IF S� H ' AND INCDEXED UNDER '.!+i=
NOTED ON THE OWNER'S CERTIFICATE OF 71iLE.
ORECORDED F RECORDIOR S RECDRDEDSANDR'yIS�RY OF DEED
BOARD OF APPEAL
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