Loading...
95 LAWRENCE STREET - LEBLANC, NAPOLEON - ZBA (2) 95 Lawrence St. R-2/B-1 Napoleon LeBlanc �T JUL 11 3 2e t� '89 �C t of f11P2tt U6921r4U6Pt Paurb of hupral TY klrum_ DECISION ON THE PETITION OF NAPOLEON LEBLANC FOR VARIANCES AT 95 LAWRENCE STREET, (R-2/B-1 ) A hearing on this petition was held June 6, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Febonio, Dore and Labrecque. 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. Petitioner, owner of the property, is requesting variances from lot size, density, setbacks, lot width and area per dwelling unit to allow parcel to be divided and to construct a single family dwelling on the new created lot. Property is located in a B-1/R-2 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, to 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, makes the following findings of fact: 1 . There was no opposition to the plan. 2. The Variances were allowed at a hearing on September 29, 1987 but construction did not begin. 3. The proposed division would create two lots that would conform with others in the area. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district generally; 2. Literal enforcement of the Ordinance would work a substantial hardship on the petitioner; 3. The relief requested can 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 NAPOLEON LEBLANCE FOR VARIANCES AT 95 LAWRENCE STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Variances requested, subject to the fallowing conditions: 1 . All work be done in accordance with plans submitted and dated July 29, 1987 with revisions dated April 7, 1988. 2. Plans for construction be presented to the Fire Prevension Bureau prior to issuance of a Building Permit. 3. Proposed construction conform to the Massachusetts State Building Code. 4. Proper street numbering be obtained from the City Assessor. 5. A Building Permit be obtained prior to construction. 6. A driveway large enough for two (2) cars be provided. 7. A Certificate of Occupancy be obtained. VARIANCE GRANTED Peter Dore, Member Board of Appeal 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 Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws. Ch^ter 808, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed,that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or LS Leeorded and noted on the owner's Certificate of Title. BOARD OF APPEAL of � �xs��tcltu5cff�F,, r � '� �oarb of DECISION ON THE PETITION OF NAPOLEON LEBLANC FOR, VARIANCES FOR 95 LAWRENCE ST. (R-2/B-1 ) A hearing on this petition was held September 29, 19&7 with the following Board Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Strout and Associate Member LaBrecque. Notice of the hearing was Sent to abutters and other" and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting variances from lot size, densit, setbacks, lot width and area per dwelling unit to allow parcel to be divided intc . twO lots, A & B, and to construct a single fa.R.ily on lot B. Property is located in a B-1/R-2 district. The Variances which have been requested may be granted upon a finding of the Board that: f- 64 m a a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally e , affecting other lands, buildings and structures in the same district; O J � I Cr) b. literal enforcement of the provisions of the Zoning Ordinance would in volve substantial hard C= ,,; ship, financial _ ., _ or otherwise, to petitioner; e c. desirable relief may be granted without substantial detriment to the o 74: 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 and after viev: the plans, makes the following findings of fact: 1 . There was no opposition to the plan; 2. The prcpcsed di!^Sinn would create to lots that would conform with other lots in the area; 31. The cc-figu^ation of the lot makes It difficult to .^..a`ntain. On the basis o_` the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist 4:hich especially affect the Subject property but r.ct the district in general; 2. Literal en`orcement of the Ordinance would work a substantial hards -4 on the petitioner; 3. The relief requested can be gra.n.'ed without detriment to the public Coot a^d without nullifyin` cr st:b_tan tially deroCa_ing from the ^.ten'. Of the d'strlct or the purpos- Ol the Ordinance. / DECISION ON THE PEIITION OF NAPOLEON LEBLANCE FOR VARIANCES FOR 95 LAWRENCE ST. , SALEM page two Tterefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the variaJ..es requested, subject to the following conditions: /' 1 ,� All work be done in strict accordance with plans, as amended �/ September 29, 1957 and submitted to the Board; 2. Plans for construction be presented to the Fire Prevention Bureau prier to issuance of a Building Permit; 3. Proposed construct conform to Massachusetts State Building Code; i 4. Property street numbering be obtained from the City Assessor; 5• Building Fermit be obtained prior to construction; 6. A driveway large enough for two (2) cars b=_ provided; 7 . A Certificate of Occupancy be obtained. GRANTED Peter Strout, Board of Appeal ACCP: OF THIS DECISION HAS BEEN FILED WITH SEE PLA!:NING BOARD AND THE � CITY CLERK A°PEAL FED ' TH3 DETIEC'i, IF A.':Y. cy,_L BE VVE Pu2__=.'1T TO SECTION II OF T-- =CS CENEFd LA...S. CHAPTE. K SHA - .O �� OF THIS DEWN IN 'TH-- . .{-,-E ..-.LL BE F:::,,y1:STH:.. DSY$ ARM THE 0.4?: OF ,E!IfIG - CFrI OF THE Olil CLEF.K' P OcS&I TO VMS. GE'Inn LOW. COPTEH E_?. SRAO It THE VAIA%CE PP S=E-'o FER71T � C FA%7 EG HEcE:L. SHALL KTi TAXE EFFECT Uf:TI'_ A Wy OF THUHL`ICI:. E=.P". a E,T- rl : HECF7HE CITY CLEFS THAT 2!DOS h-F ELOWD ONO 113 A, `L Ho E _% p OF TH T, IF S--H AN F=FE= •..L H;u c__ FILE THAT IT n-_ E_--N S$T^ r4 C" IS P. IDED 1% THE SMTH E_SEX PEGS n'i OF 3..- EDSAND I'..EtE: C.'.:EP 7h'E il - F inE C�.I;En V FEMM On IS P.EWDED AND QHD ON THE C�INEP.•S CE':-rl...iE OF TITHE" ••-. • . I. r ' . ' • WORD OF AFFEAL LAWRENCE S TR EE T PLAN BOOKA38 PLANg1. ESSEX REGIS kY OF DELD6, SALEM, MAoS. S 240 - 19'- 28° W P.K. 14 PReceived aa, � .K. •• 15.27 60.00' wft�� Rer- _p\ F ` ej c6 ul w - NO. 9 5 W DWELLING �rr„ N Q FOR REGISTRY OF DEEDS USE ONLY W >_ I CERTIFY THAT THIS PLAN HAS BEEN f- PREPARED IN CONFORMITY WITH THE — RULES AND REGULATIONS OF THE REG- 3: J ISTFRS OF DEEDS OF THE COMMON- N 1— WEALTH OF MASSACHUSETTS.; ' o L LOT Aol 'N 3,646 S.F. f az9 y xEGISTERREviArm^suRVEYOR N r L ha ;' .. ooe ll °` NOTE: SEE BOARD OF APPEALS DECISION DATED / OCT. 20, 1987 AND ACCOMPANYING PLAN. Co 'an r / o 15.00 v, G A R N 2!3` 43-15' 06 58.53' a (TO BE REMOVED ) /4' tiI 4 r` o _ LOT B Q M PROPOSE© ' 3,716 S.F. 24'x40° L� .N DWELLING ir 000/00, i0 P InV j. O Y I � 1 y ° ow PLAN OF LAND Z 4.t SALEM , MASSACHUSETTS _ OWNER : NAPOLEON R. LEBLANC 206 LORIING AVE . :APPROVAL_ UNDER SUBDIVISION SALEM , MASS. CONTROL LAW NOT REQUIRED ' VimNI M NBARDor �0t4 SCALE : I _ 10� DATE : JULY 29 1987 N 25°- 04'- 0011 E J0 V REV : APRIL •7, 1988 No. CARTER a TOWERS ENGINEERING CORP. +�- \s7 °i$tt BOSTON B MAINE CORP. ( BOSTON DIVISION ) ` "LL"", 6 FAIRVIEW AVENUE �'' SWAMPSCOTT, MAS:3. 011907 GRAPHIC SCALE T E 0 5 10 15 20 30 40 I y ZONING :: R- 2 a B— I 15350 ( 13871) I