122 BOSTON STREET - LUMBARD, GILERT E - ZBA �LUMBARD, GILERT E. j
122 Boston Street
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DECISION ON THE PETITION OF GILBERT LUMBARD REQUESTING
A VARIANCE FOR 122 BOSTON STREET
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A hearing on this petition was held on October 27, 1982, with the follovzng Board Members
present: James Hacker, Chairman; Messrs. Hopper, Feeherry and Associate Member Luzinski.
Notices of the hearing were sent to abutters and others and a notice ojQ the hearing,was
published in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
The Petitioner has requested a variance to use a portion of the first floor
of the premises for a one-bedroom apartment. A variance is required because the property
is in a B-2 zoning district where residential dwellings are prohibited.
The Board of Appeal, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings of fact:
1) Petitioner's proposed use of the property for a third residential unit
will have no adverse effect on the area.
2) Petitioner's proposed use of the property was unopposed by his abutters.
3) Petitioner intends to use this residential unit as a low-income rental unit under
Wta<HUD program. The proposed use of the property will thus add a much needed rental unit to
he city's stock of low-income housing.
On the basis of the above findings of fact, and the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1) The property in question is unique because of its present mixed use which limits
its use for business.
2) The conditions described above especially affect the land in question
but do not generally affect the zoning district in which the land is located.
3) The conditions described above which affect the land in question, but not
the zoning district generally cause the following special hardship: unless
a variance is granted, it will be virtually-impossible to use ,the property for business
purposes.
4) The desired variance may be granted without substantial detriment to the public good.
Therefore the Board of Appeal unanimously voted in favor of granting the requested relief.
The Board granted a variance to the Petitioner on the following terms:
1) A variance is granted to allow use of one half of the first floor of the site, in
accordance with plans submitted to the Board, as a one bedroom residential apartment.
2) Petitioner shall obtain a Certificate of Use and Occupancy prior to using this third
residential unit at the site.
3) Petitioner shall submit adequate plans to the Building Inspector in connection with
his building permit application.
PAGE 2
aETITION OF GILBERT E. LUMBARD
FOR A VARIANCE FOR 122 BOSTON STREET
October 27, 1982
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4) If Petitioner ceases to operate the existing variety':-store at the site
this variance shall cease, provided, however, that Petitioner may
such event, request a modification of this decision:""
"'Anthony M. Fee erry1v Secret >;y
AF a1 FP.--'! T'413 . t::'N, SH^L'. r ..,. ::.i T. T,., 1 17 CP TEE
BOARD 6r A F AL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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