99,99 1/2 BROADWAY - HYLAND JR, JOHN L - ZBA 99 & 99k Broadway
John L. Hyland, Jr.
Trustee of D.E.V. Realty TR.
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DECISION ON THE PETITION OF D.E.V. REALTY TRUST REQUESTING
A VARIANCE FOR 99 and 99-1/2 BROADWAY
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A hearing on this Petition was held on September 1, 1982 with the following
Board Membe4 present: Douglas Hopper, Jr. , Chairman, Messrs. Hacker, LaBrecque,
Feeherry aD4._AssociatG Pterryb�r Luzinski. Notices of the hearing were sent to
abutters and others and a notice of the hearing was published in the Salem
Evening News in accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has requested a variance for the property at 99 and 99-1/2
Broadway to divide the property into two lots. A variance is required
because the proposed division of the property will create two non-conforming
lots.
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) The proposed division of the property into two lots will have no effect
whatsoever on the area.
2) The proposed division of the property was unopposed by any abutters
or others.
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 peculiar configuration
and because of the fact that there are two separate structures on the property.
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 separate ownership
of the two structures on the property.
4) The desired variance may be granted without substantial detriment to -
the public good.
Therefore, the Board of Zoning Appeal unanimously voted in favor of granting
the requested relief. The Board granted a variance to the Petitioner on
the following terms:
D.E.V. REALTY TRUST
Page 2
September 1, 1982
The property may be divided in accordance with the plan submitted to the
Board. All variances from density regulations which are necessary
to allow this division of the property are granted.
r
nthony, M. Fe he ry, a retary
APPEAL fRCiB THIS A:'!Y, SHALL BE L!.^.DE PUR.SO"•.NT TO SECTION 17 OF THE MASS. -
GE^:�i" n'._. G r:° V r,p.) ,...LL CE I .'P,'- LC DAPS A;ISR THE CATS CE -!LING
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- BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS JMVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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