4 MILK STREET - L'HEUREUX, ROLAND - ZBA 4 Milk St. R-2
Roland L'Heureux
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CITY CLERK.SALEM,.MASS.
DECISION ON THE PETITION OF ROLAND L'HEUREUX FOR A
VARIANCE FOR 4 MILK STREET (R-2)
A hearing on this petition was held was held March 16, 1988 with the following
Board Members present: James Hacker, Chairman; Messrs. , Bencal, Luzinski, Strout
and Associate Member 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 a Variance to allow construction
of a two story addition in the rear of the existing structure. The property
is located in an 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 or structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve 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
and after viewing the plans, makes the following findings of fact:
1 . Parking is a serious problem in the neighborhood;
2. The existing use is storage garage ;and to change the use would
be detrimental to the neighborhood;'
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3. To accommodate the proposed use and the proposed increase in the
structure would require a Variance from lot size and density and
petitioner failed to request these variances.
4. There was substantial neighborhood opposition.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the subject
property and not the district generally;
2. Literal enforcement of the Ordinance would not involve a substantial
hardship to the petitioner;
3. The relief requested can not be granted without substantial detriment
to the public good or without nullifying and substantially derogating
from the intent of the district or the purpose of the Ordinance.
1
DECISION ON THE PETITION OF POLAND L'HEUREUX FOR VARIANCE
FOR 4 MILK STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the
granting of the requested relief. The request, having failed to carry the
required four affirmative votes to pass, is therefore denied.
DENIED l�
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
TION 17 OF THE
FILED 1"aiHIN 20 DAYS AFTER THE DATE OF FIL!tJ5
APPEAL FRr TH,.!,_ 4Ftai',DtJ. IF P.tlY, SHALL BE t1-,;JED ,, PvjjN 20JT TC S
6ENERtLL CAWS. CH-ER 8DB. AND SHELL BE
OF
Till !SI�'' I'' TH. OFFICE OF 7HE CITY CLERK.
GF".;FRAC LAtlIS. CHP.PTER SGS. SECTION 11, THE VARIANCE OR SPECIAL PER;1i
FSS. THE DECISION, BEARIyG THE CERT-
. �41RSA1CT 1T` '" JE ELAPSED AND NO APPEAL HAS BF FILED,
GRRNIEO 7dT'�`tlt. SHALL NOT 7AK.E EFFECT UNTIL A COPY OF ISSED OR DENIED IS .
GRA% W* 11 CIF, CLERK THAT 20 DM HA' HAS BEEN DIS,+`,
;; .H AN AP?EFL HAS BEEN FILE. THAT IT
?Jt° S;iUTH ESSEX S BEEN
RY OF DEEDS AND INDEXED UNDER THE 1JAIe;E OF THE
OR .THAT.
'*ECORDEC NR
UF' SH,IS RLGOROEp AND NOTED ON THE OWNER'S CERTIFICATE BOARD OF APPEAL