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20 COMMERCIAL STREET - ZBA (004) 20 COMMERCIAL STREET Jeannette Realty Trust i ` KON LE R AMERICAN STANDARD UNIVERSAL RUNDLE 1 ELGER CUNNOB 13ERGERON CO INC. DISTRIBUTORS 20 COMMERCIAL STREET SALEM,MASS. 01970 PAUL J. LYONS (617)744-4317 PRESIDENT `y�..cormi o s ,r • nttra of eal P DECISION ON THE PETITION OF PAUL J. LYONS, JEANETTE REALTY TRUST FOR A VARIANCE FOR 20 COMMERCIAL STREET A hearing on this petition was held on September 29, 1982 with the following Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, Hacker. Feeherry and Associate Member 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 20 Commercial Street to construct an addition of approximately 5000 square feet. A variance is required because the proposed addition will violate density regulations and will encroach into minimum front ,.: side and rear yard setbacks. 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 addition will create jobs and will have a minimal effect on the neighborhood. 2) _. Petitioner!s proposed construction was not opposed by abutters. 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.. 2) The condition 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 dist:-ict generally cause the following special hardship: unless a variance is granted, it will be very difficult to construct :. an addition at the site. 4) The desired variance may be granted without substantial detriment to the public good. Therefore, the. Boad of Zoning Appeal unanimously voted in favor of granting the requested relief. The Board granted a variance to the Petitioner on the following terms: 1) Petitioner may construct an addition, not to exceed 22' in height, of approxi- mately 5,000 sq. ft. in accordance with the plan submitted to the Board. • 2) The proposed addition mav be constructed to within 5' of the rear and side yard property lines and to within 20' of the front yard property line. 3) Petitioner shall submit detailed plans to the Building Inspector in connection with his application for a building permit. PETITION OF PAUL J. LYONS, JEANETTE REALTY TRUST FOR A VARIANCE FOR 20 COMMERCIAL STREET PAGE 2 September 29, 1982 4) Petitioner shall construct a retaining wall at the rear property line between the subject property and the properties of Simmons and Dyerson. The choice of. materials shall be approved by the Building Inspector. A 6' stockade fence shall be constructed on top of the retaining wall. 5) A certificate of Occupancy and Use shall be obtained prior to the use of the property. r• . Ax,ehony M. Feeher y, §ecretary APPEAL FROIM THIS DECISION, IF ANY, SHALL BE ;MADE PURSUANT TO SECTION 17 OF THE MASS, GE?iE2AL !.A':4!ti, CHAPi E:: 303. "D SHALL BE FLED i'!-SIN 20 DAYS AFTER THE DATE OF FILING OF THi> ._.iS!J.`i I'i THE el.-;CE I,- CLE.. „-! R d. PL r li. THE 1r3'_':r1 nc Sp,-Cf.A -R R A C'7 r _ r'{ -! t:'i. ,la HAVE �'_:it.,w O f r ,.r. �aI Fl i_ED, bR 4 I •;rt°E.. o a_£S'�1 IT P i _.. P: _., i,' �V IS REL =i T. :f Ei» ? F DEuS A,;O �:a_.°'✓ L,.uc., ri 7 c OF THE G'NNER OF RECL'n^U CR ;S RtCu'30E0 AND t1CTED ON THE OWNER'S C.-"I:TIFICATE 0, TITi" BOARD OF APPEAL A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK •