46 CHARLES STREET - WILLIS, WILLIAM & CONSTANCE - ZBA 46 Charles St. R-2
William & Constance
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DECISION ON THE PETITION OF WILLIAM & CONSTANCE WILLIS FOR
VARIANCES FOR 46 CHARLES STREET, SILEM
A hearing on this petition was held March 19, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Charnas, Luzinski and
Strout. Notice of the hearing was sentI 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.
Petitioners, owners of the premises, request variances from any and all applicable
density and setback requirements in order to be allowed to convert an existing
three (3) car garage into a single family dwelling in this R-2 district.
The Variance which has been requested may be granted upon a finding by 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 or structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve 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.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . A three (3) car garage standing alone on this lot has no
financially viable use consistent with the residential
character of the neighborhood;
2. This situation is unique to the district.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, We Board of Appeal concludes as follows:
-1 . Special nxonditions exist which especially affect this property but do
Eqt gen6ally affect other lands, buildings and structures in the
Mme dis`•trict;
2. .•L,iteral_gnforcement of the Zoning Ordinance would involve substantial
hharnhif to petitioner; and
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3. The"f'elYef requested 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.
DECISION ON THE PETITION OF WILLIAM & CONSTANCE WILLIS FOR
VARIANCES FOR 46 CHARLES ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, provided that: j
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1 . The dwelling be owner occupied;
2. The dwelling conform to plans submitted to the Board;
3. A minimum of two (2) parking spaces be maintained on the premises;
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4. A Certificate of Occupancy be obtained;
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5. Plans for the proposed construction are presented to the Fire
Prevention Bureau, showing type and location of automatic smoke
detectors to be installed, prior to the issuance of a building permit;
6. The owner of such properties obtain proper numbering from the City
Assessors, and that compliance with the City Ordinance relative to
house numbering be adhered to.
VARIANCES GRANTED
22L�2o
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
O=�UION, IF P.P;Y, SHALL BE MADE PURSUANT TO SECTIO': 17 OF THE MASS
a. F A SHALL BE FILED WITHIN 20 DAYS APER THE DA E OF
G I:I
THE OFFICE OF THE CITY CLERK. n. t,?!IT
Le.';g ChAPTER 808, SECTION 11 THE \'^E. r OF SP
P - - 51 a '�=RT.
ct ::
TA.,E EFFECT UN
CCPY OF THE
HA-,.
i;,. O'-ERd THAT 20 DAYS HAVE ELAPSED AN' I... Sc cD IS
' - A4 APPEAL HAS BEEN FILE, THAT IT HAS - r _L .CA,LE OF THE OWNER
Oc F AND I :nED UN.
3E9 iN THE SOUTH ESSEX REGISTRY OF DEEDS
CORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE uF TITLE.
BOARD OF APPEAL
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