29 ANDREW STREET - RICARD, PAUL & JANE - ZBA 29 ANDREW ST. R_2
— - Paul & Jane Ricard
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DECISION ON THE PETITION OF PAUL AND JAN RICARD FOR A
SPECIAL PERMIT AND A VARIANCE FOR 29 ANDREW. STREET-83 AUG 12 A10_78
A hearing on this petition was held on July 27, 1983 with the followingBoard
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Members present: James Hacker, Chairman; Messrs., Hopp%ITY�-;-�zihsk3 ! FAssociate
Member Bencal. Notice of the hearing was sent to abutters �ii`d'�-oth;%rs'and notices
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioners originally requested a Special Permit to convert an existing two
family dwelling into a four family dwelling in this R-2 district. At the hearing
the petitioner changed his request from the four family to a three family, this
was agreeable to the Board. Petitioner is also requesting a Variance from minimum
parking requirements.
In general terms, this Board is, when reviewing Special Permit requests, guided
by the rule that a Special Permit 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, and that the request is in harmony with the Zoning Ordinance.
The Board, after considering the evidence presented at the public hearing and
after viewing plans of the property makes the following findings of fact:
1 . No opposition to petitioner's plan was raised by neighbors;
On the basis of the above findings of fact, and on the evidence presented at the
public hearing, the Board of Appeal finds that the proposed use of the property
will promote the public health, safety, convenience and welfare of the City's
inhabitants and that the proposed use is in harmony with the Zoning Ordinance.
Therefore, the Board of Zoning Appeal voted unanimously to grant petitioner the
requested relief. The Board grants the Special Permit under the following terms
and conditions:
1 . The property may be converted to a three family dwelling; .
2. The use of the property as a three family dwelling is conditioned upon
the property remaining owner occupied, in the event it ceases to be
owner occupied the property shall revert back to its prior use as a
two family dwellin.-;
3. A Certificate of Use and Occupancy shall be obtained prior to renting
of the third apartment.
With respect to the petitioner's request for a variance, the Board of Appeal finds,
as follows:
1 . The desired variance cannot be granted without substantial cetrinent- to.
the public good,
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DECISION ON THE PETITION OF PAUL AND JAN RICARD
FOR A SPECIAL PERMIT AND A VARIANCE FOR
29 ANDREW STREET
page two
Therefore, the Board of Zoning Appeal voted unanimously to deny the petitioners
request for a Variance from minimum parking requirements.
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B. Hacker, -Chairman
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AH EAL FFMA THIS D'.CISITI, IF ANY. SHALL BE !BADE PURSUANT TO SECTION 17 OF TFE i'':.4Sa.. - _ -
- C3AFiER .vi:D SHALL C F:Efu Cr i'.'lilil 20 DAYS A ER THE DAT: OF Fi'_!?16
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OF D 5i� 11 iH.J^r GF T1[ CI Y CLERK. - -
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,tE C. . i!i TI '•N Era v EE..'.: .S - •.c-S A.+') NXESED 1...D..: ' :.A.:. OF THE OWNER
OF PECCRD OR IS MNDED AND NOTED Ct. THE O'.7HER'S CERTIFtCA:E OF ii_LE. -
BOARD OF APPEAL _
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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