75 BOSTON STREET - BOUCHER, DEAN - ZBA 75 Boston St. R-2
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DECISION ON THE PETITION OF DEAN BOUCHER FOR VARIANCES
AT 75 BOSTON ST. (R-2)
A hearing on this petition was held June o, 1989 with the following Board members
Present: James Fleming, Chairman; Messrs. , Febonio, Dore and LaBrecque. ;?otice
of the hearing was sent to abutters and others and notices of the hearing stere
properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chaoter 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 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;
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 fact:
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 this property
allowing construction of four (4) attached dwellings together with a garage.
3. The topography of the lot plus substantial areas of ledge make this a
more feasible development of the land.
4. There will be adequate parking on site
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 the subject propert,; but
not the district generally;
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship to the petitioner;
f
DECISION ON THE PETITION OF DEAN BOUCHER FOR VARIANCES
AT 75 BOSTON STREET, SALEM
page two
3. The relief request can be granted without substantialdetriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the Durpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
requested Variances from minimum lot area, side yard setbacks, front yara
setbacks and use to allow construction of a four residental unit building plus
garage, subject to the following conditions:
i . All construction be done as per the plans submitted.
2. Eight (8) on site parking spaces be maintained, as per the plan submitted.
right of way from Putnam Street, allowing vehicular access, be created
by deed, and properlty recorded in the South District, Essex County
Registry of Deeds.
4. All 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
Saiem Assessors Department.
6. All construction comply with the Massachusetts State Building Code.
7 . Building Permit be obtained from the Inspector of Buildings.
S. A Certificate of Occupancy for each unit be obtained.
9. Exterior finishes of the proposed building and garage blend with the
existing neighborhood.
10. 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.
VARIANCES GRANTED 4
✓James M. Fleming, Esq. , VMirman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
this decision, if any, shall be made pursuant to Section 17 o}
Laws. Chapter 808, and shall be filed within 20 days
l.I ".ia �,r il: of this decision in the office of the City Clerk.
. __. . _. . .a.. Qa�cral L�wr;, Chcnter 803, Section 11, the Variance
t -;•.-.n;2i hercln sha,l r.ct ta4e effect until a copy of the
;.fir r.x;i -c:iticn of Cir City Clark that 20 days have
r
his been filed, or teat, if such a
- - - ppeal has been
1 ,: 1! -.^rn Clsmissed c:c'enied is recorded in the South Essex
.., ,i Cc2+s and i:idzxad under the name or the owner of record or.
is recorded anu noted on the owner's Certificate of Title.
BOARD OF APPEAL
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4 Ctu of ttlem, Massachusetts
Poxra of Append
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June 27 , 1989
Notice -is hereby given that as of this date
the decision of the Board of Appeal has been 0
filed in the office of the City Clerk to grant
the petition of Dean Boucher for a variance to
allow construction of a four unit building and
garage at 75 Boston St .
BOARD OF APPEAL
Brenda M . Sumrall
Clerk of the Board
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Mass. General Laws, Chapter 808, and sha!I be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, 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 or the owner of record Or, '
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAU
V
1 LATE OF HEARING
PETITIONER
LOCATION sJ aAl2�s R oC
MOTION: TO GRANT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
JAMES FLEMING
EDS-I'NS1C�
3vm'"rii=r�T--NG
PET.F �r�:��
ASSOCIATE MEMBERS /
PETER DORE
ARTHUR LABRECQUE
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DECISION ON THE PETITION OF DEAN BOUCHER FOR `iARIANCES
AT 75 BOSTON ST. (R-2)
A hearing on this petition was held June o, 1989 with the follcwing Board P9embers
Present: James Fleming, Chairman; Messrs. . Febonio, Dcre and LaBrecque. notice
of the nearing 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 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 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;
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 fact:
1 . There was no opposition and several people, including the ':lard
Councillor Leonard O'Leary, spoke in favor.
2. A previous Special Permit and Variance had been granted to this property
allowing construction of four ( 4) attached dwellings together with a garage.
The topography of the lot plus substantial areas o_` ledge make this a
more feasible development of the land.
u . There will be adequate parking on site
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 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
AT 75 BOSTON STREET, SALEM
Page two
The relief request can be granted without substantialdetriment to the
Public good and without nullifying or substantially derogating from the
intent of the district or the Duroose of the Ordinance.
=herefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
reouested Variances from minimum lot area, side yard setbacks, front vard
setbacks and use to allow construction of a four residental unit building plus
garage, subject to the following conditions:
111 construction be done as per the plans submitted.
2. Eight (8) on site parking spaces be maintained, as Per the plan submitted.
right of way from Putnam Street, allowing vehicular access, be created
by deed, and properlty recorded in the South District, Essex County
Registry of Deeds.
A_1 the requirements of the Salem Fire Department, relative to fire
safety be adhered to.
?roper numbering of the four (4) units be obtained from the City of
Salem Assessors Department.
all construction comply with the Massachusetts State Building Code.
Building Permit be obtained from the Inspector of Buildings.
_ . A Certificate of Occupancy for each unit be obtained.
Exterior finishes of the proposed building and garage blend with the
existing neighborhood.
10. 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.
VARIANCES GRANTED
✓ aures M. Fleming, Esq. , Cimirman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
. .,^ !his decision, if any, shall be made pursuant to Section 17 of
Laws, Chaptcr 808, and shall be filed within 20 days
c•f this decision in the office of the City Clerk.
-. . .. . Qancra! L.v;, Ch_ ,Icr.803, Section 11, the Variance
herein shell r.ct tj'<e effect uri a copy of the
of cation oft" City Clark that 20 days have
his been filed, or that, if such appeal has been
dismissed C. c!_nied .s recorded in the South Essex
,f r;,2:!s and i:;daxed undar the name or the owner of record or.
is recorded anu noted on the oNner's Certificate of Title.
80ARD OF APPEAU
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DECISION ON THE PETITION OF DEAN BOUCHER FOR VARIANCES
AT 75 BOSTON ST. (R-2)
A :nearing on this petition was held June o, 1989 with the fo1'_owing Board Members
Present: James Fleming, Chairman; i4essrs. , Febonio, Dore and LaBrecoue. 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 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 upon a finding of the
Board that:
a. special conditions and circumstances exist which esoecialiy affect the
land, building or structure involved and which are not generally affecting
other lands, buildings and structures in the same district:
p. 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 fact:
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 this property
allowing construction of four (4) attached dwellings together with a garage.
3. The topography of the lot plus substantial areas of ledge make this a
more feasible development of the land.
4. There will be adequate parking on site
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 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;
i
DECISION ON THE PETITION OF DEAN BOUCHER FOR VARIANCES
AT 75 BOSTON STREET, SALEM
Page two
3. The relief request can be granted without substantialdetriment 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, 4-0, to grant the
requested Variances from minimum lot area, side yard setbacks, front _care
setbacks and use to allow construction of a four residental unit buiidine plus
garage, subject to the following conditions:
1 . '.11 construction be done as per the plans submitted.
2. Eight (8) on site parking spaces be maintained, as Per the plan submitted.
A right of way from Putnam Street, allowing vehicular access, be created
by deed, and properlty recorded in the South District, Essex County
Registry of Deeds.
All the requirements of the Salem Fire Department, relative to fire
safety be adhered to.
?roper numbering of thefour (4) units be obtained from the City of
Salem Assessors Department.
,0. all construction comply with the Massachusetts State Building Code.
7. Building Permit be obtained from the Inspector of Buildings.
8. A Certificate of Occupancy for each unit be obtained.
9. Exterior finishes of the proposed building and garage blend with the
existing neighborhood.
10. 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.
VARIANCES GRANTED )
ames M. Fleming, Esq. , VMirman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
' f;c-, this decision, if any, shall be made pursuant to Section 17 of
V " i(:- ;. ';.:reral Laws. C`.apter 808, and shall be filed within 20 days
of fi'.ir; cd tlns decision in the office of the City Clerk.
fzgcra! Liai;, Chcnlcr£03, Section 11, the Variance
.. ...:Yrt -;,ental herein shell pct take effect until a copy of iiia
.._.. !r r:., cfc:tion of thn City Clark that 20 days have
.s;.! has been filed, or tr.at, if such appaal has been
... . .._. it 11_,- r^ n dlcmissad c: denied is recorded in the South Essex
,r Cc_:is and indexed under the name or the o::mer of record or.
,s rccu:deJ and rioted on the owner's Certificate of Title.
BOARD OF APPEAL
. Ctu of tt1em, ttssttcl#use##s
' Foam ,of �kppt l
Rf'r,Lm'E�
TO: Brenda
FROM: James Fleming
DATE: June 23, 1989.
RE: Dean Boucher
79 Boston Street
Salem, Massachusetts
------------------------------------------------------------------------
The enclosed is the Decision on Dean Boucher's property at 79
Boston Street, Salem. Please add the conditions which you have and file
the same.
JAMES FLEMING
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gDARD OF APPEALS
DECINN g4PH'89
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A hearing on the Petitio�t �fF Dean Boucher regarding the
property at 79 Boston Street, Salem, Massachusetts, was held on
June 6, 1989. Notice of the hearing was published in accordance
with the required statutory standards . The Petitioner was
represented by counsel.
Evidence was presented at the hearing that the Petitioner
had been previously granted a variance by the Board to construct
four units of attached dwellings together with a garage. The lot
is an undersized lot located in an R-2 district. The Petitioner
stated that subsequent to the granting of the permit and variance
by the Board, an indepth soil analysis was made and it disclosed
that presence of substantial areas of ledge made it unfeasible
for any economic development in accordance with the permits which
had been granted. The Petitioner, therefore, filed the present
Petition seeking necessary variances so as to construct four
units on two floors in one building together with garage as shown
on the submitted plans. The Petitioner introduced evidence in
the form of photographs which indicate the unusual topographical
nature of the lot in question and reviewed the construction plans
as presented to the Board indicating that the proposed
construction was the most feasible development of the land.
There was no objection . Several people spoke in favor,
including the Ward Councilman, Leonard O ' Leary. The Board
considered all the evidence and found that the lot in question,
due to its irregularities and the presence of substantial ledge,
in fact created a hardship as to the normal development
procedures. The Board found that the proposed construction of a
single building with garage would be in keeping with the
surrounding area and would preserve more open space. The Board
found that there was adequate parking as per the plans
submitted.
The Board, therefore, voted to grant the required variances
from minimum lot area requirement and side yard and front yard
requirements so as to permit the construction of four units and
garage, all as shown on the submitted plans.
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CITY OF SALEM
CITY OF SALEM BOARD OF APPEAL
iBOARD OF APPEAL 745-9595 Ext. 381U
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 Dean Boucher
ested in the Petition submitted by Dean Boucher for Variances to allow construction of four dwelling
for Variances to allow construction of four dwelling units and a garage at 75 Boston St.(R-2).Said hear-
units and a garage at 75 Boston St-(R-2).
z1989id hear-
at 7 00 ing to be held Wednesday, May 24, 1989 at 7:00
ing to be held Wednesday, P.M., One Salem Green, 2nd floor.
P.M., One Sale m Green, 2nd floor.
M. FLEMING, Chairman JAMES M. FLEMING, Chairman
�
----P.M.,
May 10, 17, 1989
May 10, 17, 1989
i �
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
y (11itg of ttlem, ttssttclpzsPtts
Puttrb of ' }JTzal
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TO THE BOARD OF APPEALS:
The Undersi qned respresent that he is are the owners of a certain .parcel of land located
at NO. . .75 Boston treet. . . . . . . . . . . . . . . , ,, , , , , , , , , ,Street; ZoningvDistrict A?.? . .
and said parcel is affected by Section(s): n,z,/ . .
of the Massachusetts State Building Code. Section VI, Table i
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
DIRECT APPEAL
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lig Appl atida for Permit was denied by the Inspector of Buildings for the following
reasons:
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 fallowing reasons:
SEE ATTACHED SCHEDULE
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Address.79 Boston St. , Salem
J r . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .
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0 745-6830
Telephone. . . . . .. . . . . . . . . . . . .. . . ... . . . . . . . . .
Petitioner, Same . above
. . • . . . .
Same as above i
Address. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
Date. , March. �Or, 1289 Same as above
Telephone.. . 1. . . . . . . . . . .
B o n k, e'rafi i, Esq. . . . . . . . . . . .
63 Federal St. , Salem
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. . . . . . . . . . . . . . . . . . . . . . . . . .
ifour weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
Petitioner is the owner of property located at 75
Boston Street, Salem, in an R-2 zone. Petitioner was granted
a previous variance by this Board on August 5, 1987 to
construct four attached .townhouses on the same parcel of
property. Subsequent reevaluation of the site with
engineers and contractors ` revealed that the cost of
constructing according to the plan that had been approved. by
the Board of Appeals would be prohibitive.
Petitioner therefore requests a new variance to
allow construction of four units on two floors in one
building and a garage as shown on said plan. Petitioner also
requests variances from Minimum Lot Area per dwelling, lot
width, front yard and side yard requirements, all to allow
said construction.
The lot in question has difficult terrain, has very
uneven grades, is narrow and has a great deal of ledge making
it difficult to develop. These are special conditions
peculiar to the lot which would create a hardship to
Petitioner if the Zoning Ordinance were to be literally
enforced.
The Petitioner would have adequate parking as shown
on said plan. The proposed garage would add three spaces
plus storage. With the five additional spaces shown for the
lot on the plan, there would be a total of eight spaces,
whereas only six would be required.
It is submitted that the construction would enhance
the area by the single building occupying less space than the
attached structures previously approved by the Board. The
area in question is composed of varied commercial and
multifamily residential uses, and it is submitted that the
granting of the variances would not derogate from the intent
of the zoning ordinance, nor would it be contrary to the
master plan or the public welfare. It would add additional
units, providing benefit to the housing market.
The Petitioner therefore respectfully requests
approval of the above variances.
t' (1�itg of "_5a1em, Pas5adju5e#fs OCT 14 3 24 W81
Barb of f(,E .
PITY CLERK.SILcM.VAS--.
DECISION 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 Das 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 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 Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist i:hich,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 from 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 :aas 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 Sale. 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. GRANTED
7 CF (�
APPEAL FROM. THIS DECISION,
IF ANY. SHALL BE MADE PURSUANT TO SE - ',
GENERAL LACES. CHF.P.ER FE A':D SHALL EE FLED WITHIN 20 CRY a es M. Fleming, Esq. , Vi C Chairman
GF THIS CEC!S:C.'. I: THE C.MI'E Cr THE CITY CLEPri
}BIS-DFMMWrP ]TAS; BEEF L ET Q`r _��1 ;PP'�P.'.INING BOARD AND THE CITY CLERK
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Ali LV FER EI `_ L Ci _ L A CCFI t . •H•,.. L.E E.
CUP. n EJ CL.CVr,�E E�. ; , \�
OR IP'1. IF $J, r APPEAL ` - J'.R.' -`_ _ THE "
OF RECORD OR 15 F..:SROEC "- JI. Tr[ O.ILER'S CER 1iFICA.E IiTLE
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PDMTb of tA�JP2Il �i7Y Ct€RK.SAL:Y NASA. �
DECISION 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, 1487 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, hoijever, 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 may be granted upon a finding
by the Board that the grant of the Special Permit will promote 4he 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 sane 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 from.: 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 PETITI011 OF DEAL: 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 e
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 substantialdetriment 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 const r ct-ion be done as per the plans submitted to the Board; `
2. Fourteen ( 1 off street parking spaces be maintained, as per the parking,
plan submitted to the Board;
f 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 recuirements 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 fa Sly^sid ral upi-l� have exteriors that blend with the. existing
neighborhood;
10. Al vehicular access and egre=_s to and from the site be from Putnam Street,
vehicular access and egress being prohibited to and from Boston Street.
VARIANCE & SPECIAL PERMIT GRANTED --) � j
APPEAL FRO%, THIS DECISION, I, ANY, SHALL BE G:ADE PUP.SUA'2T TO SEMI-'1 7 CF LI" (,G
Or KEF-; L:.S'Cc. C^.AFTER Sns, A':J SH4LL BE FREU 5'21;HIP: [ CA1'_ a^_e5 M. Fleming, Esq. , V1C Chairman
L; THE
OF THE CITY CLERK. r T
A GOP1;,2$,_ }NIS;DEf ISI10hT'`I3AS } 1 ,Er d T13 �?iANNING BOARD AND THE CITY CLERK
FIC; i .0 i i CiF../.
OR i i IF SJCt APPEAL
.t ._-.5 tN U L E-,� -' : : r THL _
OF F,,, OF OR J� Ri'.''RDED _'2 JL WE u.CEr a CER iFICA.E 11TLE.
eitp of *aIrm, lagorbugrug
_fire Bepartment A)eabquarterg
4S-Latapette street
6alem, An.01970
Joseph F. Sullivan
Chief
City of Salem Re: 75 Boston Street
Board of Appeal Dean Boucher
One Salem Green Hearing date: May 24, 1989
The Salem Fire Department has no objection to the granting of Variances to
allow the construction of four dwelling units at #75 Boston Street subject
to the following conditions:
1. Plans for the proposed construction are presented to the Fire
Prevention Bureau for approval prior to the issuance of a
building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, the
Salem City ordinances, and Massachusetts General Laws, relative
to fire safety.
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
4. The applicant shall obtain and post proper street numbering from
the City Assessor in accordance with the city ordinance relative
to the numbering of buildings.
Signed,
Robert W. Turner,
Fire Marshal
Petitioner is the owner of property located at 75
Boston Street, Salem, in an R-2 zone. Petitioner was granted
a previous variance by this Board on August 5, 1987 to
construct four attached townhouses on the same parcel of
property. Subsequent reevaluation of the site with
engineers and contractors revealed that the cost of
constructing according to the plan that had been approved by
the Board of Appeals would be prohibitive.
Petitioner therefore requests a new variance to
allow construction of four units on two floors in one
building and a garage as shown on said plan. Petitioner also
requests variances from Minimum Lot Area per dwelling, lot
width, front yard and side yard requirements, all to allow
said construction.
The lot in question has difficult terrain, has very
uneven grades, is narrow and has a great deal of ledge making
it difficult to develop. These are special conditions
peculiar to the lot which would create a hardship to
Petitioner if the Zoning Ordinance were to be literally
enforced.
The Petitioner would have adequate parking as shown
on said plan. The proposed garage would add three spaces
plus storage. With the five additional spaces shown for the
lot on the plan, there would be a total of eight spaces,
whereas only six would be required.
It is submitted that the construction would enhance
the area by the single building occupying less space than the
attached structures previously approved by the Board. The
area in question is composed of varied commercial and
multifamily residential uses, and it is submitted that the
granting of the variances would not derogate from the intent
of the zoning ordinance, 'nor would it be contrary to the
master plan or the public welfare. It would add additional
units, providing benefit to the housing market.
The Petitioner therefore respectfully requests
approval of the above variances.
The City of Salem Board of Appeals 745-9595,
extension 381 will hold a public hearing for all persons
interested in the petition submitted by Dean Boucher for
variances to allow construction of four dwelling units and a
garage at 75 Boston Street, Salem, Massachusetts (R-2) . Said
hearing to be held Wednesday, 1989 at
7: 00 P.M. , One Salem Green, second floor.
James M. Fleming, Chairman
The City of Salem Board of Appeals 745-9595,
extension 381 will hold a public hearing for all persons
interested in the petition submitted by Dean Boucher for
variances to allow construction of four dwelling units and a
garage at 75 Boston Street, Salem, Massachusetts (R-2) . Said
hearing to be held Wednesday, 1989 at
7: 00 P.M. , One Salem Green, second floor.
James M. Fleming, Chairman
i
I
Co m
fi c itp of *aIem, ,4ia!55arbu5ett5
lire Mepartment 31)eabquarter5
481afapette 6treet
6alem, Ba.01970
Joseph F. Sullivan
Chief
City of Salem Re: 75 Boston Street
Board of Appeal Dean Boucher
One Salem Green Hearing date: May 24, 1989
The Salem Fire Department has no objection to the granting of Variances to
allow the construction of four dwelling units at #75 Boston Street subject
,7ect
to the following conditions:
1. Plans for the proposed construction are presented to the Fire
Prevention Bureau for approval prior to the issuance of a
building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, the
Salem City Ordinances, and Massachusetts General Laws, relative
to fire safety.
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
4. The applicant shall obtain and post proper street numbering from
the City Assessor in accordance with the city ordinance relative
to the numbering of buildings.
Signed,
Robert W. Turner,
fll Fire Marshal
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PETITION IN SUPPORT OF PROPOSED VARIANCE
LOCATION: 75 BOSTON STREET, SALEM, MASSACHUSETTS
We, the undersigned abutters of the property located at 75
Boston Street, Salem, Massachusetts, support the proposed
Variance for the property located at 75 Boston Street, Salem,
Massachusetts. The proposed changes have been explained to me/us
and I/we understand the impact this change in use may or may not
cause. l 5-R� 2
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CITY HALL PAGE.
SALEM, MA 01970
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RegisierofDeeds