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DECISION ON THE PETITION OF VASILE STEVEN FOR A VARIANC^c ¢'
AT 186 LAFAYETTE ST. (R-3)
A hearing on this petition was held April 19, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting
and Strout. Notice of the hearing was sent 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.
The petitioner, owner of the property, is requesting a Variance to allow third
floor to be used as a third apartment in this R-3 district.
The variance which has been requested may be granted upon a finding of 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 and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise of the petitioner;
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 careful consideration of the evidence presented at the
hearing, and after viewing the plans that were submitted, makes the following
findings of fact:
1 . The plans presented to the Board were not adequate and were not done
to any scale.
2. Petitioners proposal, as presented, would result in the construction
of a second ,outside stairway.
3. Two family use was granted to the petitioner in 1984 by the former
Inspector of Buildings.
4. Petitioner purchased the property as a single family house about five
years ago.
5. Petitioner failed to meet the burden of proof relative to legal
hardship.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the subject property
but not the district generally;
DECISION ON THE PETITION OF VASILE STEVEN FOR A VARIANCE
AT 186 LAFAYETTE STREET, SALEM
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would not
involve substantial hardship to the petitioner
3. The relief requested cannot be granted without substantial detriment to the
public good or without nullifying or substantially derogating from the intent
of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting
of the requested variance. Having failed to obtained the required four favorable
votes necessary to grant, the Variance is denied.
VARIANCE DENIED.
/ John R. Nutting, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MADS.
GENERAL LAWS. CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATEOF RLI fIG
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS. CHAPTER 808. SECTION 11, THE VARIANCE OR SPECIAL PER.'.IIT
GRANTED HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION. BEARING THE CERT.
RCATION OF THE CMfY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED.
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNED
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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THIS PLOT PLAN WAS NOT MADE
FROM AN INSTRUMENT SURVEY AND
L RAYET T� 1 J�G�i� IS UNDER NO CIRCU OF NCEBANK
RE OFF
REFERENCE.— SETS TO BE USED FOR ESTABLISH-
DEED: PEC. BK. '74PG. MENT OF FENCES,WALLS,HEDGES,etc.
PLAN: PL . BK. PL.
TO
I CERTIFY THAT THE BUILDING (S) SHOWN HEREON
ARE LOCATED ON THE GROUND AS SHOWN AND THAT MORTGAGE INSPECTION PLAN
THEY CONFORM TO THE ZONING BYLAWS OF THE Cl*fY
OF SALEM , AT THE TIME OF CONSTRUCTION.
OR ARE PROTCTED UNDER GENERAL LAWS CH. 481 . LOCATED IN
I ALSO CERTIFY THAT THE PREMISES SHOWN ARE SALM
VOT LOCATED WITHIN A FLOOD HAZARD ZONE AS PREPARED FOR
DELINEATED ON THE .MAP F COMMUNITY # 2520/o2
FED�..� MA ., E NT AGENCYr'B.
VAS)LC 4""'MILIA STE0CN
TH� FEDERAL EMERG a� NT AGENCY.
RO r `y� SCALE: 1 "= 20 ' MAfZC" 8 1984}
I�I �S NORTH SHORE SURVEY CORP.
clarE REG. PR o ' ¢ SURVEYOR 181 ESSEX STREET-SALEM, MA .
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