217-219,221 LORING AVENUE - PROVENCHER, KENNETH - ZBA (2) N
217-219 Loring.Ave. R-1 e
Kenneth Provencher - — — -
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< Q AMENDED DECISION ON THE PETITION OF KENNETH PROVENCHER
FO IY SPECIAL PERMIT AND VARIANCE FOR 217-219 LORING AVENUE
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A hearing oxERhisZ:.?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;
AMENDED DECISION ON THE PETITION OF KENNETH PROVENCHER
. FOR A SPECIAL PERMIT AND VARIANCE FOR. 217-219 LORING AVENUE
y 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;
4. The setback of the three family dwelling from Lot 18 is a cond' $o �
especially effects the land in question but does not generally e fee He A� '��
zoning district in which the land is located;
CITY CLER CS OFFICE
5. The condition just described causes special financial hardship toS ' 0,Fpett6fonex
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
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 FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE NiASS. _
GENERAL LAWS, CHAPFER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FLING 2ilz Iw
OF THIS D:-CISION IN THE OFFICE OF THE CITY CLERK(. - .SCott E. CharnaS Acting Secretary
PL�..;HNT TO :.-.455. � ER9_ LAPIS. CHA?TER 08, SECTION 11, THE VARIANCE DR 5.'..i'_ Pc,.. � � _
(RANTED HE,MN. SHALL NOT TARE EFFECT UNTIL A COPY OF THEI)ECISION. BEMIN'8 THE rEZT- -
FICAP7N OF THE CITY CLER4 THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED. - -
OR THAT. IF SUCH AN APPEAL HAS 8EEN FILE THAT IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE S;iOTH ESSEX RE;iISTRY GF DEEDS AND INDEXED UNDER THE NAME OF THE UINER -
•OF RECORD OR IS RECORDED AND NOTED ON THE O'WNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL - -
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK -
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DECISION ON THE PETITION OF KENNETH PROV4CHER FO A
SPECIAL PERMIT AND VARIANCE FOR 217-219 1''gRING EUSNUE
A hearing on this petition 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 Ptassachusetts General Laws
Chapter 40A.
The Petitioner has requested a Special Permit to allow him to alter the already`non-
conforming 12,140 square foot lot by dividing it into two lots '5,920 square feet
(Lot 18) and 6,220 square feet (Lot 16) . 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 of 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 finding 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;
DECISION ON ,THE PETITION OF KENNETH PROVENCHER
FOR A SPECIAL PERMIT AND A VARIANCE FOR
217-219.LORING AVENUE m �+ -
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2. The proposed use of the property will pf-gmote the health, safety,
convenience and welfare of the City's i&abitanay;
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3. The proposed use of the property is in hpmony Rth the Salem
Zoning Ordinance; S
4. The setback of the three family dwelling`a%rom Lot-�18 is a condition which
especially affects the land in question Vut does not generally effect 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 granted without substantial detriment to•.the
public good.
Therefore, the Board of. Zoning Appeal voted unanimously in favor of approving the.
grantof a Special Permit and,a Variance. The Board granted a Special Permit and
a Variance under the following conditions:
1. Petitioner may divide the property into two parcels, one containing 6,220
square feet. (Lot 16) and one containing 5,920 square feet (Lot 18).
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 .
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 Special Permit to allow the division of the property will only be
in effect for so long as both parcels are owned by the same owner. .
7. Petitoner must limit parking on Lot 16 to three (3) parking spaces, no such
space to .be_ less than sixteen (16) feet from the northernmost boundary of
such lot.
8. Petitoner must landscape the northwest corner of lot sixteen (16) .
9. Petitioner must obtain a 'Certicate of Compliance prior to recording said plan
,PPEAL FDO:A THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 37 OF THE MASS. "
°NERAL LA is CHAPTER. 803, AND SHALL BE FILED WITHIN 2D DAYS.AFTER THE ATE OF FILRIG - -
THIS DECISP1:1 1. THE OFFICE- OF THE CITY CLERK. -
Po-CAI'T TO 1AS3. GENERAL LAWS CHAPTER 303, SECTIGN 11, THE VARIANCE 134;, sgnIT�'__
-.RARIED HEREIN, SHALL NOT TAKE EFFECT UUM A COPT OF THECECISIOiJ, i 1,-
t •Charnas, Acting, Secretary
Fb:ATIGC OF 7HE CITY' CLERK THAT 2C DAYS HAVE ELAPSED AtJD NC APPEAL AS eiEN FL-E7.
:.R THAT. IF SOCU AN APPEAL HAS BEEN FILE, THAT IT HAS DEEM D!S?.iIS'SED OR DEMEO IS - _ -
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEECS AND INOE%E_0 UNDER THE NAME OF THE 05VitcP -OF RECORD OR IS RECURDED AND NUEO ON THE O'i1NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
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`i COPYRIGHT CLEARANCE CENTER, INC.
`►/; ,.� 21 Congress Street, Salem, Massachusetts 01970
Telephone: (617) 7443350
January 19 , 1983
TO WHOM IT MAY CONCERN
RE: Kenneth R. Provencher; Personal Reference in Support of
Variance Request
Gentlepeople:
I have known Mr. Kenneth R. Provencher since September, 1981,
when I leased the second floor of his house at 219 Loring Ave. ;
that tenancy continues to date.
During this 16 month period I have had occasion to have many
business as well as personal discussions with Ken. Unlike
many landlord-tenant relationships, ours has been most cordial .
In all matters he has been fair and honest and has always
sought to find the basis for both of our competing economic
interests to be satisfied.
As an attorney and former home-owner, I am duly cognizant of
community concerns in granting a property variance. I have
found Ken Provencher to be a man of exceptional character and
integrity; a man of which any community would be proud. It
is my belief that it is not just in Ken' s best interest, but
also in Salem' s best interest to assist in the aspirations of
such a hard-working, energetic, capable, and deserving young
man. Although it is a cliche that human resources are a
community 's most valuable assets, men like Ken Provencher bring
substance to such phrases .
I support unreservedly his building plan and strongly urge
approval of his request.
Vf( ly yours,
Alen, J.D.
Man ger, International Agreements &
Special Projects
J /se
DIRECTORS. Alec Hotlman Chairman Oouhledar is C'n..Inc Charles Butta Treasurer /lnughmn-Mii/jlln Co.
E.K.Gannett Secretary Institute of Electrical& Electronic Engineers Jame.BarakyAcademic Rres.c Inc. D.H.Michael Bowen AmrrimnChemira(Sorieir
Gerald Frank The Authors League f America,lnc. Donald King King Re.earch.Ino. Thomaa King American Ru.inem Pre..,Inc. Michael D.Mach., Xema Cmpnrarlou
Louis L.Snyder City Uniceuity f h'e. York Be.H.Weil Elson Research& Engineering Ca PRESIDENT. David P.Waite
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