75 BOSTON STREET - BOUCHER, DEAN T - ZBA 75 Boston St. R-2
Dean T. Boucher
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No . 71
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IDATE OF HEARING
PETITIONER
LOCATION
J
MOTION: TO GRANT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLli CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
JAMES FLEMING
JAMES HACKER
EDWARD LUZINSKI
PETER STROUT
ASSOCIATE MEMBERS /
PETER DORE
ARTHUR LABRECOUE v
CONDITIONS: C_�
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October 28, 1987
Notice is hereby given that as of October 14, 1987 the
decision of the Board of Appeal has been filed with the
City Clerk to grant the petition of Dean T. Boucher to
Construct four residential units at 75 Boston St.
Board of Appeal
Brenda M. Sumrall, Clerk
APPEAL FROM THIS DECISION, ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
IF
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
CHAPTGRANTED HEREIN,NS SHALL NOT TAKE EFFECT UNTIL AECOPPNOFiTHEDECSRGN, BEARING IANCE OR ETHE CERT-
.,E HAS BEE OFTHE
SUL^i CITY
APPEAL HAS BE DA FILE, THA VE LILT SHASEU AB BEEN D SND No f ISSED OR DENIED IST
OR THAT,
DLH 'HE
RECORDS DIORTH RECORDED ESSEX
SAND NOTED YON FTH ELOWNER'SI CCERTIFlCATJE OF TTLE,OF IME OF THE OWNS
BOARD OF APPEAL
1
zaiem rare uepartment .
Fire Prevention Bureau
48 Lafayette Street
Salem, Ma 01970
(617) 745-7777
TO: Board of Appeal
FROM: Capt. Turner, Fire Prevention Bureau
RE: Comments relative to August 5, 1987 meeting
75 Boston Street
Dean T. Boucher
Hearing date: August 5, 1987
The Salem Fire Department has no objection to the granting of a Variance
to allow four residential units to be constructed 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.
Oct 1�I 3 z4 P� '61
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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 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 Lars 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 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 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.
I_
..DECISION ON THE PETITION OF DEAN T. BDUCHER 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 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 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 requirements 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 being prohibited to and from Boston Street.
VARIANCE & SPECIAL PERMIT. GRANTED
APPEAL FROM THIS DECISION, IF ANY, SHELL BE 6:ADE PURSUANT TO SE :-N 7 OF�
GE.:EP.:,L LnV;S, Lu�,p;rg g;x A'2 SHsLL EE FLED V,'IT HI 2O CAl' eS M. Fleming Esq. Vic Chairman
DF THIS DEMI . I�; THE C F1 OF THE CITY G`RN. u' '
B f1 ? Fi5 '-ti YLA'.7'dII G BOARD AND THE CITY CLERK
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October 14, 1987
Dean T. Boucher
79 Boston Street
Salem, MA 01970
Dear Mr. Boucher:
The decision regarding your application for four (4)
residential units at 75 Boston St. has been filed in the office
of the City Clerk as of this date. The twenty (20) day appeal
period cannot be waived under MGL Chapter 40A.
Sincerely,
�l)
,jLTi17LZ�
James B. Hacker
Chairman
JBH:bms
Dean Boucher
79 Boston Street
Salm, Massachusetts 01970
October 7, 1987
James Hacker
Chairmen, Bard of Appeals
Dear Mr. Hacker,
An appeal filed with the Board of Appeals on June 16, 1987 regarding
75 Boston street was granted on August 5, 1987. To date, the decision
has not yet been filed with the City Clerk' s Office.
Unaware of the above situation I proceeded to contract for both land
escavations and future building on the above property.
A financial hardship has beed aquired since rescheduling would delay
the process and put me well into the winter months.
Due to the original oversight of filing the decision I am requesting
a waiver on the twenty (20) day waiting period.
if possible could a final decision be reached tonight.
We, the undersigned, abutters and nearby homeowners to that certain parcel of
land located at 75 Boston Street, Salem, wish to be recorded in favor of the
granting by the Salem Board of Appeals of the Variance and/or Special Permit
sought by Dean T. Boucher, which hearing is to be held on August 5, 1987 The
reasons for the petitioning of said Variance and/or Special Permit have been
fully explained to us and we are of the opinion that the granting of said
Variance and/or Special Permit will in no way be detrimental to the public
good and will not derogate from the intent of the Zoning ordinance.
NAME ADDRESS
�
- N
We, the undersigned, abutters and nearby homeowners to that certain parcel of
land located at 75 Boston Street, Salem, wish to be recorded in favor of the
granting by the Salem Board of Appeals of the Variance and/or Special Permit
sought by Dean T. Boucher, which hearing is to be held on August 5, 1987 The
reasons for the petitioning of said Variance and/or Special Permit have been
fully explained to us and we are of the opinion that the granting of said
Variance and/or Special Permit will in no way be detrimental to the public
good and will not derogate from the intent of the Zoning Ordinance.
NAME ADDRESS
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CITYOFSALEM
CITY OF SALEM 'i BOARD OF APPEAL
'I BOARD OF APPEAL
� � I 745-9595 Ext.381
745-9595 Ext.381 i Will hold public hearing for all persons inter-
Will hold public hearing for all persons inter- ested in the petition submitted by Dean T.
.; ested in the petition submitted by Dean T. Boucher for a Special Permit and Variance to
Boucher for a Special Permit and Variance to allow four(4)residential units to be constructed
` allow four(4)residential units to be constructed on an undersized lot at 75 Boston St. (R-2). Said
on an undersized lot at 75 Boston St. (R-2). Said hearing to be held Wednesday,August 5, 1987 at
hearing to be held Wednesday, August 5, 1987 at 7:00 P.M.,One SalemA Green,2nd floor.
7:00 P.M.,One Salem Green,2nd floor. ES B.HACKER,Chairman
JAMES B.HACKER,Chairman July 22,29,1987
July 22,29,1987 `
CITVOFSALEM
BOARDOFAPPEAL
Will hold 745-9595 Ext.381
ested in theublic hearing for all persons inter-
.,Boucher r petition submitted by Deao T
allow fo a Special Permit and Variance to
on an °r(4)residential units to be constructed
undersized lot at 75 Boston St' (R-2). Said
hearing to be held Wednesday, August 5, ). Sat
7:00 P.hL,One Salem Green;2nd floor.
July 22 29 1987 JAMES B.H CKER,Chairman
Appeal Case No._ ..
g, CITY OF SALEM, MASSACHUSETTS
G � I BOARD OF APPEAL
TO THE BOARD OF APPEALS: P h
The Undersigned represent that he is HxR the ownerja of a certain parcel of land located
at No. . 75, Bostop, $treet. . . . . . . . . .and said parcel is affected by Section(s) VI (Table. I nd
of the Massachusetts STate Building Code.
8e c't1'oh V,TB-3)
-P-lart s-c3esc-�ibi�g->=tie-weeiE-deep es e�;-ttaae-bees-saba}i��e�-do—�-I�r 3-n s{�ee-tor-o€�trltl-iitgs-ict
act�o-r-da-��ja-rEl�-SeeE�ett-F3F-.4--}-a€-Bke-Eeaseg-9eg$eaflee:
Petitioner owns vacant parcel of land containing approximately 12,826 square feet of land
which is located in an R-2 District. Petitioner desires to construct four (4) attached
townhouses which would contain four (4) residential units. There is adequate area for
eight (8) parking spaces and extensive landscaping.
4
[ The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
This is a direct appeal. '
for Special Permit
The Undersigned hereby petitions the Board of Appeals/to vary the terms of the Salem
Zoning Ordinance aad/ax_th e_Suildiag_Code-sad_asdgs_ths-Iaspemr �f $vldis x�
a�psoua xha�pplicior�-€ee-�efmi -se-3aa4d_as-€}4ed, as the enforcement of said
Zoning By-Laws would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance agd-liu4dieg Fode for the
following reasons:
The property lies in a residential two district which allows multi-family dwellings
+. not exceeding 4 families under the Special Permit provision of the Zoning'Ordinance
which therefore makes it a conforming use to the neighborhood provided (1) it is an
appropriate location for .the usG (.2) the use as developed will not adversely affect
the neijhborhood, (3) there will be no nuisance or serious hazard to vehicles or
pedestrians. It is respectfully submitted that theproposed use satisfactorily meets
all of the above-criteria. The property does not have sufficient area to meet the
density regulations under Section VI but definitely has sufficient area for 4 townhouses
and more than adequate off-street parking and extensive landscaping. The land is
-presently vacant, neglected and unattractive.
Ln
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CDOwner. . . . .`,yam Dean T. Boucher
. . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . .
�—
Address. .79.$oston,Street,. Salem, MA
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Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . .same as abov
. . . . . . . . .e. . . . . . . . . . . . . . . .
Addre : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tele . . . . . . . . . . . . . . .
. . . . . . . . . . . .
'
By. . . .CEO GE ALLIS, his attorney
These copies of the application must be filed. with the Se r tary 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 Salem
Evening News .
NO. . . . . . . . . . . . . .'. . : .
N TO BOARD OF APPEALS
LOCATION
'PETITIONER. . . . . . . . . . . . . . . . . . . .
ADDRESS. . . . . . . . . . . . . . . . . . . . . . .
i
CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,.
PETITION APPROVED. . . . . . . .
DENIED. . . . . . . . . . . . . . . . . .
DATE. . . . . . .. . . . . . . 19. . . . . .
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PLAN - OF LAND ATLANTIC ENGINEERING a
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/� 33 WEST MAIN STREET ��F JOHN g:
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7 GEORGETOWN, MA No. 31725
LE, I"u20' DATE : V30187 ; "Fc/STER
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THIS IS NOT A PROPERTY LINE ON THE BASIS OF MY KNOWLEDGE, �� SUM
MINATION. THE SETBACK DISTANCES INFORMATION AND BELIEF, 1
HEREON ARE TO INDICATE THE CERTIFY THAT THE STRUCTURES
IONS OF PROPOSED OR EXISTING ARE LOCATED AS SHOWN AND 7
TURES ONLY AND ARE NOT TO BE THAT THE SETBACK DISTANCES
0 ESTABLISH LINES FOR FENCES, SHOWN HEREON WERE THOSE
S, ETC. RECORDED AT THE SITE.
Daiem rare ueparcment .
Fire Prevention Bureau
48 Lafayette Street
Salem, Ma 01970
(617) 745-7777
TO: Board of Appeal
FROM: Capt. Turner, Fire Prevention Bureau
RE: Comments relative to August 5, 1987 meeting
75 Boston Street
Dean T. Boucher
Hearing date: August 5, 1987
The Salem Fire Department has no objection to the granting of a Variance
to allow. four residential units to be constructed 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.
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.�Y .
Sao' 8518K233
EXHIBIT A
The land together with the buildings thereon situated in Salem, Essex
County, Massachusetts, known as 875 Boston Street and shown on a plan
entitled "land of tho City of Salem, Boston Street, Salem, Mass., Scale:
1" - 20', March, 1947, Frank P. Morse, City Engineer, recorded with
Essex South District Registry of Deeds in Book 3551, Page 332 and being
mon particularly.bounded and described.as follows; - -
8t 4. Eegtnolrg at the.SOUTHEASTERLY corner.:thereof on Bothance running ston Street;
WESTERLY by land now or formerly of Alpers,.et al, 185.06 feet.-to
Putnam Street; thence running
NORTHERLY by Putnam Street,,-63 feet to land now or formerly of Sullivan;
thence running -
EASTERLY by said land now or formerly of Sullivan and by land now or
formerly of Vankiostis, 190.03 feet to Boston Street; thence
running ;
SOUTHERLY by Boston Street, on a straight line, a distance of 71.98 feet to the
point of beginning.
Containing 12,826 square feet. _
For title reference see deed of Alice H. Rock recorded with Essex South _
District Reyist.y of Deeds at Book 6955, Page 361.
T nd ogether with the buildings thereon situated In Salem, Essex
County, Massachusetts being shown as Lot A on "Plan of Land owned
by Moses Alpers, Jerry Rich and Ethel Gordon Realty Trust, Salem,
Mass., April, 1947, Osborn Palmer, C.E," recorded with Essex South
. District Registry of Deeds, Book 3524, Page 600, and bounded and
described as follows:
NORTHEASTERLY by Boston Street, 38 feet;
NORTHWESTERLY by land of the City of Salem, 127.60 feet;
SOUTHWESTERLY ' by Lot B on said plan 29.70 feet; -
SOUTHEASTERLY by said Lot B, 79.71 feet;
SOUTHWESTERLY again by said Lot 8, 7.79 feet; and
SOUTHEASTERLY again by said Lot B, 48.85 feet.
Containing 4,285 square feet, according to said plan.
For title reference see deed of National Grand Bank of Marblehead and
Albert R. Pitcoff, Executors of the Estate of Gardner M. Damon(Essex
Probate 8350309) recorded with Essex South District Registry of Deeds
at Book 6949, Page 149.
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, 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, the 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.
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The variances whi'ch7 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
i
affecting other lands, buildings and structures in the same district; I^
J
b. literal enforcement of the provisions of the Zoning Ordinance would involve 4
substantial hardship, financial or otherwise, to 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. `
y
r _
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 addition will promote the convenience and welfare k
; y 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 or
purpose of the Ordinance.
y Special conditions exist which especially affect the property but do not
generally affect other lands, buildings and structures in the sane distric�;
i
Literal enforcement of the Zoning Ordinance would involve substantial
I economic hardship to the petitioners;
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CITY HALL PAGED lazll
SALEM, MA 01970 .
e DATE : 07/02/67
-R-T-I'F-fE-fJ-A0UTTE-RS-1_
• a SUBJECT PROPERTY: MAP: 15 LOT: 0284 SUI=F:
' Rr'rPE-'FtT-Y AfrC*RE=Sv�-QQ75-P_.r?Sfi@N-S-T-RE
. ASSESSED OWNER BOUCHER DEAN T •
DOWNEY KII1 E
s e
• MAP LUT SUFF PROPERTY ADDRESS ASSESSED OWNER MAILING ADDRESS •
15-f1 '"IS FJL?19-Pi1FNft11-�s7Rl T CAt4 t7N-RCiBERi- 1-9-PU=FNt4hREET
. 1e
SALEM MA 01970 •
,a 15 0276 801 0023 PUTNAM STREET U1 CLOUTIE:R RAYMOND W 7 HIGHLAND AVE ✓ °
Tt4i REaA F--fVE:RL-Y-MA 01-9 15
. 15 0276 802 0025 PUTNAM STREET U2 CLOUTIER RAYMOND tJ 7 HIGHLAND AVE Ll< .
THERESA R BEVERLY MA 01915 °
O 8? 003t?-Pl7fiNAt1-ST PEE BtvRN-T1-0MA-S-1V I3 3-CEDAR-CRE _
• SALEM MA 01970 •
15 0283 0024 PUTNAM STREET CYR A RALPH 46 HANSON ST'REET , 4
SAI_EP'I-h7A-049�8
. 15 0265 0071 BOSTON STREET ROBERTS RONALD A 71 BOSTON STRF_'ET' a •
SALEM MA 01970 "
1-5-e286-- Q669-8i4S-T-eN-STREET' PE.L.AS-PATER-J R - 135-E,43STGN A RE:ET
R A
SALEM MA 0197024 •
15 0291 0073 BOSTON STREET BOUCHER DEAN T 73 BOSTON STREET L/
_. ii{1T4EY'-K=Ii1-E SAL-Fhi-hh4--O'1-9-7-0 y ,
• 15 0292 0079 BOSTON STREET BOUCHER BOSTON STREET REALTY TRUST 79 BOSTON STREET U� •
BOUCHER DEAN T & DOWNEY K.IN E TRS SALEM MA 01970
5-t7' ^3-----------0Hf3"1-C 5TOPt-SFR1 ET tb`SA MAN'UEL 8-1-2()S--QN-ST-RE " 37
. A CELESTE SAI_EI1 MA 01970 •
15 0298 0011 GOODHUE STREET HOWARD REAL. ESTATE TRUST 11 GOODHUF_ STREET
1Ek=PIER-JAMES-H T . SAL-FM-h'IA 0-1-9=Tf- w
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