217-219,221 LORING AVENUE - PROVENCHER, KENNETH - ZBA 217-219 & 221 Loring Ave. R-1
-- - - - Kenneth Provencher
I
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f,,.comgb �
.." Ctg of ttlem, ttsstttljuse##s
ams Pottra of 4peal
Comm
DECISION ON THE PETITION OF KENNETH PROVENCHER FOR A
SPECIAL PERMIT AND VARIANCE FOR 217-219 & 221 LORING AVE.
A hearing on this petition was held January 15, 198f with the following Board
Members present: James Hacker, Chairman; Messrs. , &s71L� �j nd Associate
Members Bencal and LaBredque. Notice of the hearipgg���was sent b ters and
others and notices of the hearing were properly pub' Aged in the Salem Evening
News in accordance with Massachusetts General Law Chha ter 40A.
MAS
Petitioner, owner of the premises, is requesting a re-affirmation o> ' a Variance
and Special Permit which was granted in 1983 allowing parcel of land to be
divided into lots 16 and 18 in this R-1 district. Lot 16 containing an already
existing three family dwelling and a single family dwelling to be constructed on
lot 18.
The provision of the Salem Zoning Ordinance which is applicable.to this request
for a Special Permit is Section V B 10, which provides as follows:
-
Notwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeal may, in accordance with the
procedure and conditions set forth in Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of
nonconforming structures, and for changes, enlargement extension
or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extenstion, enlargement or
expansion shall not be substantiall more detrimental than the
existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request 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 of the City's inhabitants.
The Board of Appeal, after consideration of the evidence presented at the public
hearing and after viewing the plans of the property makes the following findings
of fact:
1 . Petition is requesting clarification of previous decision by the
Board of Appeal dated April 20, 1983;
2. No major opposition.
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 . The proposed use of, the property will not be substantially more
detrimental to the neighborhood than the existing use;
2. The proposed use of the property will promote the health, safety,
convenience and welfare of the City's inhabitants;
i
j DECISION ON THE PETITION OF KENNETH PROVENCHER FOR A SPECIAL
PERMIT AND VARIANCE FOR 217-219 & 221 LORING AVE. , SALEM
page two
3. The proposed use of the property is in harmony with the Salem
Zoning Ordinance;
4. The setback of the three family dwelling from Lot 18 is a condition
which especially affects the land in question but does not generally
affect the zoning district in which the land is located;
5. The condition just described causes special financial hardship to
the petitioner;
6. The desired Variance may be granted without substantial detriment to
the public good.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit and Variance requested under the following terms and conditions:
1 . Petitioner may divide the property into two parcels, one containing 6,220
square feet (lot 18) and one containing 5,920 square feet (lot 16) ;
2. Petitioner may keep the existing structure on lot 16 within five (5) feet
of the northernmost property line of lot 18;
3. Petitioner must obtain a Certificate of Occupancy and Use prior to the
recording of the plan submitted to the Board;
4. Petitioner may never build or construct a driveway within sixteen ( 16)
feet of the northernmost boundary of lot 16;
5. Petitioner must lay crushed stone throughout the parking area at the
rear of the existing three (3) family structure;
6. This decision to allow the continued use of the three family dwelling
will be in effect so long as the petitioner or his heirs continue to own
or reside in the adjacent single family dwelling (lot. 18) or so long as
the three family dwelling is owner occupied;
7. Petitioner must limit parking on lot 16 to three (3) spaces, no such
space to be less than sixteen (16) feet from the northernmost boundary
of such lot;
8. Petitioner must landscape the northwest corner of lot sixteen ( 16) ;
i
9. Petitioner must obtain a Certificate of Compliance prior to recording
said plan.
Uri i,'),:! TF!SPIE SHALL DE MADE PURSUANT TO SECTION 17 OF THE es B. Hacker, Chairman -
6E.�.nni. LAWS, CHP.P LER 838, AN.") SHALL BE FILED 'VITHIN 20 DAYS AFTER THE DATE OF FILING _
OF TiIIS OECIMN IN THE OFFICE OF THE CITY CLERK. I�7 �1.�QC TyFEND
FT� F �7TH
sA>IT TO WASS. GENERRL Cp,$YcP�TEW4W ���`S1T1�TH tlAPIANPB NP, SP2C p P R Itt" THE PLANNING BOARD AND THE CITY CLERK
i' 'GNS3D
HEREIN, SHALL NGT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEAR:i';9 THE CERT- ,
GF THE CITY CLER:( THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEP: BLED,
;11t ihAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR DENIED IS
F ci:CF:'iEO IIY THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA.'.SE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OYJNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
'
o 0tg of 4$aJeura Agsttc�Illscft'
} aDra of'APPM1
DECISION ON THE o
PETITION F _a
5-- PIT _AND VMLw� mill PAO QO:A A
_ r 219 p�
M hes tng es thea petitlon vee p
embers present; Jesse° Bac held Choice April 20. 1
983 �Llh be r Piemonte, Noseat. laereC u ker, rman, Scott Chansa A the folio Board
publi hedas seat to abutters and o �°CO Iaakt a dt0enoocreta
Ota Lur ry, Meaara.
!n the Salam Even thee° and rotleas oft 1• Notice of the
Chapter LOA, New in accordance vtth ltassachuaeCts BeaarProperly
lays
j: The Petitlener has re tad a -
(Ia[C*ufal8 ins 1L s-A°ii!Lot of btal Petmlt to alIav hfm to alter tD
sraoGed,fros 6't20 he square feet foe 16;-��E ft_into Cvo_loter_ °�lreaddy non.
vt21 U— setback " 1`-- 1 PettttcneU1 S 920_squer°_
Ij be Tot 36,_ r°�«°°n_for a theca tmilY dwliin t v t ca be
li The provlaioa of 8 existial un_drat
request for a S the Solna toning Section
B M
1 pedal PetmfG L Section V !eb to aPP1leaDle to
8 30. which Provides.as ollowPetitloaer'a
this 0hstaadtng anyth Follow;
this the Priuce, [o the contrary
vlCb the �°and
of Appyl me Y °Pptaring in
Section VIII Pdend Yuce x eodttto Y• in accordant°
nes set forth In
alterations D• grant Spectnl Pctisfta For
And For c caase resoa'Ctmentan of aonconforml structures,
h6 ealar
Pneovidedd,n�lot• led, structural end"remain, or�Pa°'fon of
'. or expamsfo° sheLatin ll reset ouch change.the extension, enlar
aQ
shall this
S QD4caph apply
s p�bO awe to Ili thel orInto
rhood, aoe than _
i- rttaing device'. boards. aignso or other
In core
ral to
by the
col this Board is. uten rcvj�Lng
elfareMir tha lae[ha f a SPcclnll Pewit °quest any he gr tedcfal Permit regaaata, guided
Cron[ of
welfare of the City's inhabitants. will Promote the heal tupon 4h. indfag es she Board
.;� The Board of Yr eonveafence sod
hearingit I after consideration of the
j of face: 1L°Feer viewing the plops of the propertydence
makesthein, at
tthe Public
1,
couslate°t vithProposed vouricouudI.D° Property will create
J two.lots uhf
8 lots; ch are -
,�. h"the.bas's of rhe above tiding of fact. and the Board Of A's
concludes as followse evidence Presented at the pubIlc
o°'he neighborhood
orhood ,..property
rty will coe,be subs tt1
ana11Y more do[rfs
extsting
senenl
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- SF'i�•"C^'IYmiT`::.r, ^h:,a} [lr'f'ry..ZT?'1'"^1��^,.r�.. .....ae� C. . .:. � +;,��•:1''
" � eboe71 .9 raiz'563 E
DECISION Cd:Tfie MTn1ON or Me= P8DV8DIC"ER m I
•
FOR A SPECIAL FM=AND A VARtANCS FOR as 71 ?r
217-219 LORUC AVENUR Am e
.. •
2, The proposed nae of the property will jf�' to tffe health, safety, ( '}
.eonvanLenee and welfare o1 the City's La$abita111a;
3. She proposed me of the property is in IL(()mony 61th the Salem
Zoning Ordlasace;
m �
4, She setback of the three family dwiling 2ron Lo✓18 is a condition &Lch -
especially affects the land in question but does not generally effect the _ 1'
sooLug district in which the land is located' L"
S. She condition just described causes special financial hardship to the 4
petitioner; It
6. She desired Variance Way be granted without Substantial detriment to the
public good. - :-
.ea
Therefore, the Board of Zoning Appeal voted unavou
lmaly Ln favor of approving the 1*
grant of a Special Permit and a Vari"ce, the Board granted a Special Pormit and
a Varlanca under the following conditions:
1. Petitionsr my divide the property into two parcels, fee containing 6,220
square feet (Let 16) and one containing 5,920 square [ret (La; iB). - '
2. Petitioner my keep the existing structure on lot 16 within ftva (5) feat
of the wrthaoat property line of lot 18,
ttm -
3. Petitioner mut obtain a Certificate of Occupancy and Use prior to the _ L
the recording of the plan submitted to the Board.
4. Petitioner my never build or construct a driveway within sixteen (16) feet z
of the mrthet st boundary of lot 16. -
5. Petitioner rust lay crushed atom throughout the parking area at the
rear of the existing three (3) family structure.
J( 6. This Special Pemit to allow the division of the property will only be S_
in effect for so long as both parcels are owned by the more ower.
_ 1 - 7, Petitener must limit parking on Loc 16 to three (3) parking spaces, no such
space to be less than sixteen (16) feet from the northernmost boundary of
Such lot.
_ 8. PetLtomr=at landscape the northwest carnes of lot sixteen (16).
9. Petitioner moat obtain a Certicate of Compliance prior to recording said plan. = f
ICC'L iM'S J:UL9H. R D SHIM at MADE PIIISmnT 10 SECRDa It CF ME tlFat ,Y _
ta.aY1[MW eE taED MUM 2J DAYS AIT(t THE ACE W FILIAa :
' .mi M1191 N ME DFF:CE 9F IDE CRY CIUM. )S!
Y..,,TL(fa U.v.CL'RML V..G.tMTI'IEa tat S•CRWI 11.CH[YIJ(la:[C CQ�.`sR':R•t`,_ �'"+�•"" - !''
."110 H(a(I:l,-ML act FADE Effect WMIL a CJM M,FITC a[CISp.I. dyq� ,,.ham,sA ACCinB 5ecretaty
IF.Ll6C CI IH2 c1r,CLELL flat 23 e1Y$HA$(:APAI AH.)No MY(/L LCCA 4'
..R.HA: IT S'FI bl APYFAI'I'.gem nttAtlmf R HAS SEEN 0Y.•'ISSCa CG a[tlid IS "(
RICI JED m 11 111:1(SSE:etr6nT CF DEEDS AHD 11ElE1 WIDER THE.169E CF THE
ar REMO at 11 RiMaCa'RED 0"'a ME Datna't C1aCRWCE Of RIIL i
1
e4Laa aAPPEAL =
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COPE OF THIS DECISION AND PLANS.HAVE BEDS(
FIT" VIM INS PIAtLYS22C BOARD AND TRE
CITY CLERK
J
__-- Data lune 8. 1983
---' 1 hereby-eertiry Owl 20`days have expired-
he
xpired-
fr MU figldote Owl iro(naoent was Ceclived,
tMg e,E,W F, has bean fdad in this
K Salsfq 2ARSf. ►►///_-'l__e rj(/ 3r '" ,`4`'
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facet ea. RLCOBOIDa7.,, :21173_W.PASt^,•{I_ may. IPS?. 167,
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A �o0�:'11 9 ensE )Go
Titu of at-era
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AME__ N ED DECISION ON THE PETITION OF KENNETH PROVENCHER
d,- FO1 SPECIAL PERMIT AND VARIANCE FOR 217-219 LORING AVENUE
A hearing ot?lthisZ:�etition was held on April 20, 1983 with the following Board
Members present: James Hacker, Chairman; Scott Charnas, Acting Secretary; Messrs.
Piemonte, Hopper,- LaBrecque, Associate Members Luzinski and Bencal. 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 40 A.
The Petitioner has requested a Special Permit to allow him to alter the already non-
conforming 12,140 Square foot lot by dividing in into two lots, 5,920 square feet
(Lot 16) and 6,220 square feet (Lot 18) . Petitioner also asks that a Variance be
granted from the setback requirements for a three family dwelling existing on what
will be Lot 16.
The provision of the Salem Zoning Ordinance which is applicable to petitioner's
request for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in
this Ordinance, the Board of Appeal may, in accordance
with the procedure and conditions set forth in
Section VIII F and IX D, grant Special Permits for
alterations and reconstruction on nonconforming structures,
and for changes, enlargement extension or expansion of
nonconforming lots, land, structures, and uses,
provided, however, that such change, extension enlargement
or expansion shall not be substantially more detrimental than
the existing nonconforming use to the neighborhood, nor shall
this paragraph apply to billboards, signs, or other advertising
devices.
In more general terms, this Board is, when reviewing Special Permit requests, guided
by the rule that a Special Permit request may be granted upon a finding by the Board
that the grant of a Special Permit will promote the health, safety, convenience and
welfare of the City's inhabitants.
The Board of Appeal, after consideration of the .evidence presented at the public
hearing and after viewing the plans of the property makes the following findings
of fact:
1. The proposed division of the property will create two lots which are
consistent with surrounding lots.
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 proposed use of the property will not be substantially more detrimental
to the neighborhood than the existing use;
i
i
fioor'71?�
tTAMENDED'DECISIOW ON •THE PETITION OF KENNETH PROVENCHER PACE 561
. f FOR A SPECIAL PERMIT AND VARIANCE FOR 217-219 LORING AVENUE
•
2 The .proposed use of the property will promote the health, safety,
,convenience and welfare of the City's inhabitants;
` 3 ;The proposed use of the property is in harmony with the Salem
•Zoning Ordinance; FiF(;T I
4. The setback of the three family dwelling from Lot 18 is a cond' o r h J
especially effects the land in question but does not � `R1V � + n9 J,
q generally e fec: LI e
zoning district in which the land is located;
j
CITY "-
F OFFICE
5. The condition just described causes special financial hardship toSfhe: pe+ Eiorex
6. The desired Variance may be granted without substantial detriment to the
public good.
Therefore, the Board of Zoning Appeal voted unanimously in favor of approving the
grant of a Special Permit and a Variance. The Board granted a Special Permit and
I a Variance under the following conditions:
1. Petitioner may divide the property into two parcels, one containing 6,220
square feet (lot 18) and one containing 5,920 square feet (lot 16) ,
2. Petitioner may keep the existing structure on lot 16 within five (5) feet
of the northernmost property line of lot 18.
3. Petitioner must obtain a Certificate of Occupancy and Use prior to the
recording of the plan submitted to the Board,
4. Petitioner may never build'or construct a driveway within sixteen (16) feet
of the northernmost boundary, of. lot. 16.
5. Petitioner must lay crushed stone throughout the parking area at the
rear of the existing three (3) family structure.
6. This decision to allow the continued use of the three family dwelling will be
in effect so long as the petitioner or his heirs continue to own or reside in
the adjacent single family dwelling (lot 18) or so long as the three family
dwelling is owner occupied.
7. Petitioner must limit parking on lot 16 to three (3) spaces, no such space to be
less than sixteen (16) feet from the northernmost boundary of such lot,
8. Petitioner must landscape the northwest corner of lot sixteen (16) .
9. Petitioner must obtain a Certificate of Compliance prior to recording said plan,
APPEAL FROA1 THIS CECIS ION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE FdASS.
GENERAL LAWS, CNAPfEi1 gid, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING ��. ( �•
- OF THIS DEGSIOA IN THE OFFICE OF THE CITY CLERK. �1 \•�" L ' "� _
P:!@1AI11 TO X:4SS. GE`iE!;4'_ LAWS. CIiAPTER 503, SECTION 11, THE VARIANCE OR S"Zr!A+ ^ES .ptt E. Charnas, Acting Secretary
BRR9fED HEREIN. SI!.-,1_L NCT IA'(E EFFEGr ONilL A COPY OF THE"-ECISION, BEARI +;I! +
FICATICN OF THE C!TY CLEMi (HAT 20 DAYS HAVE ELAPSED ANI) NO APPEAL HAS Pc'moi;
UR ',HAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE SOi ITH ESSEX REGISTRY CF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
=0F RECORD OR IS RCORDEO AP1U NUTED ON TIIE UWMEH'S CERTIFICATE OF TITLE.
BOARD. OF APPEAL
A C0171 OF THIS 'DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND TIIE
CITY CLERK
I
II
Dote June 8, 1983
I -
hereby certify that 20 days have expired
I from th% �� p�ythis instrument was received,
anrlvt? at i+iO At'A) 4L has been filed in this
o Lce
A�Tryenil , 411_41
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ACfIER 5alass.
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—..X11,'i-• �
locus., I/ic/O.-io /a /0pi,? 13PPROVRC o/JDtR THE Sb80/✓ISI0N
CONTROL LRW NOT REQUIRED
� SR[EN P[HNNINO 80,9R0
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55.0
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19=5,920' S.F
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5CdLE' /'-= 2000" z 'JT In
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/O T"C RULES AND REGUL47IONS OFTi-IE7 -
4cclsr"s 0! pff D9. \ ( p
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dFc- LY/P�f 'f � a I X12/
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rOF' RE CLSTRY USF ONLY
PL//N p?W OF L//79N, /
5 .13 lts- V ,D
5&.<3 /N
Al SALE/'1
PR(PRRfD FOR
K[NNETll R. PRDU/Z ri?
NOTE: T///5 P[dv COMPILED FROM SCRLC:/"= 20 OCT. 24,1985
P(19N5 RNO DEEDS OF RECORD
9ND .4 PFIRTIRC F/E(D SURVEY. --�
I ESSEX SURVEY SERVICE, /NC.
/B/ F35EX SrpFCF - 54LEAL , A14SS.
1
1 _
Tiemey, Kalis, Adamopoulos & Lucas
Attomeys at Law
1 133 Washington Street, Salem, Massachusetts 01970 (617) 741-0862
John F. Tiernev
Robert t. Kalis
Anthony C. Adamopoulos
Henry A. Lucas. Jr.
Louis J. Muggeo
of Counsel -
November 27, 1985
Mr. Scott E. Charnas
33 Broad Street
Boston, MA 02109
i
Dear Mr. Charnas:
.Thank.,you for ,coopera.ting with,.my office earlier this week in discussing the matter.
referred to ;in :the enclosed :decis•ions.
As explained, the attorney representing the financing institution with regard to a
conveyance of the subject property appears concerned that the decisions were recorded
out of order. I am unable to answer while he will not agree to just re-record the
amended decision, but am seeking to obviate the situation as quickly as possible to
allow for the closing to proceed.
Enclosed you will find the original and -one-copy of an Affidavit which I hone, will ,
upon your signing, satisfy the bank's attorney.
Please feel free to contact me if you have any„comments or,question. Otherwise, if
all is in order, .please endorse the: affidav t, have it notarized, `amd return` t
in the enclosed self-addressed envelooe`°at your. ey
arliest :convenience. If oti. feel
that there will be..delay 'in` this,.matter, we;:will be happy to:have someone retrieve the-
document from you Thank you..
Y Ve ruly yours, ,
r �
J Tierney
JFT/ms - In
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4
Enc F; Y
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AFFIDAVIT
CONFIRMING AND CLARIFYING ACTION OF THE SALEM BOARD
OF APPEALS CONCERNING 217-219 PORING AVENUE,_ SALEM,
ESSEX COUNTY, MASSACHUSETTS
11 . The undersigned, Scott E. Charnas of Salem, Essex County, Massachusetts, -
is a member of the Ci.ty of Salem, Massachusetts Board of Appeals and has so f
served from prior to and including April 20, 1983 through to the present date.
On the dates of April 20, 1983, .April 29, 1983 and May 11 , 1983 I served as
acting Secretary to said Board and authored and signed the Board's "Decision
on the Petition of Kenneth Provencher for a Special Permit and Variance for
( 217-219 Loring Avenue" filed with the City Clerk on April 29, 1983 and the
"Amended Decision on the Petition of Kenneth Provencher for Special Permit
and Variance for 217-219 Loring Avenue" filed with the City Clerk .on May 11 ,
1983.
I
2. The amended decision of the Board filed with the Clerk on May 11 , 1983,
(an recorded in the Essex South District Registry of Deeds at Book 7129, Page
560) .was. drafted and approved-by the Board of Appeals in order to correct
certain language which erroneously appeared in theoriginal decision of the :
Board that was filed,wittithe Clerk' :on April 29, J983 (and recorded`;in, sa, d
Deeds at Book 7129, Page 562)1 to wit; the language in condition number
page
page two of said decision. It was the Board's intent to have the wording
which appeared in the'amended decision on the petition . . . " exist as its final
decision and this Affidavit is intended to confirm said proper wording to be
as follows: I
"6. This decision to allow'the. continued use of the three family dwellind
will be in effect so long as the petitioner or his heirs continue to own or 111111
reside in the adjacent single family dwelling (Lot 18) or so long as the three
family dwelling is owner occupied"...:';
Such wording is meant 'to be _substituted. for that appearing 'n! he
original decision dated April 29983
3. .. Having-{.now reviewed both the decision and amended decision, I also notice
a ,typograph�cal error which appears ;n,,paragraph one.,of said conditions on '.page . .
two of the amended decision"?and hereby, affirm that the intended proper wording
kt' thereof i s
°7 Pet:i tioner.may div de'the `property, into two parcels, one containing
6,220'square fee (Lot' 16) and'one, con tain"ing 5,` 920-,JLot 18)
This Affidavit' will ,serve,: then, to, correct.:'the square footage by having ahe
co'r.rect" square-J'ootage applied to ;the proper lot ,number
r: _.
4. Regardless of the order of recording the decision and.;the amended decision
with the-Registry of. Deeds,jthe amended decision, as .hereinabove corrected for
typographical and I nguage `errors ; .was and"is '7intended as the decision of the
Board with respect to the petition of Kenneth_Provencher for a special permit I
Y
,J
and variance for 217-219 Loring Avenue and same is hereby confirmed.
Signed under the pains and penalty of perjury this _ day of November,
1985.
as Actin
Scott E. Charn 9 Secretary
City of Salem, Massachusetts
Board of Appeal
i
COMMONWEALTH OF MASSACHUSETTS
�I
Essex, SS. November 1985
i
Then personally appeared the above-named Scott E. Charnas , andacknowledge8
thelforegoing._.to be' his free act and deed,, before me,,
I
Notary Public
My Commission Expires: i
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