217 NORTH STREET - ZBA 1 217. North St. R-2
Scangas
V
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`µ CtU of Salem, C4Eu9sarhusett9FU#
Po8fa of (�VFP211 CJTYCLE�h-51LEti. 'yASS.
DECISION ON THE PETITION OF PETER & ANASTASIA SCANGAS FOR A
VARIANCE FOR 217 NORTH STREET (9-2)
A hearing on this petition was held August 24, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Luzinski, Nutting and Associates
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 Law Chapter 40A.
Petitioners, owners of the property, represented by their attorney John R.
Serafini, Sr. , are requesting a Variance to convert a two family dwelling into
a three family dwelling in this R-2 district.
The Variance which has been requested may be granted upon a finding of the
Board that:
1 . special conditions and circumstances exist which expecially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
2. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
3. 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 is sufficient space to allow the third unit, in fact, construction
of the house indicates provisions were made for the eventual addition of
a third unit;
2. There is more than adequate parking;
3. A petition was submitted supporting the petitioner's request;
4 . Ward Councillor appeared in favor;
5. There was no 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 exist which especially affect the subject property
but not the district generally;
DECISION ON THE PETITION OF PETER & ANASTASIA SCANGAS FOR A
VARIANCE FOR 217 NORTH STREET, SALEM
page two
2. Literal enforcement of the Ordinance would work a substantial
hardship on the petitioners;
3. The Variances 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, , subject to the following conditions:
1 . Premises remain owner occupied;
2. Five (5) legal, on site parking spaces be maintained;
3. All requirements of the Salem Fire Dept. be adhered to;
4. A Certificate of Occupancy be obtained;
5• A building permit be obtained prior to construction.
. VARIANCE GRANTED
"/ohn Nutting Secret
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
.PPC AL FgC',; THIS DECISION: IF d;Y. SHALL BE MADE PURSUANT TO SECTION THE
l
'7ER AL L:,A'i S. CHAPTEP. 808. -i— SHV+LL EE FILED WITHIN 20 DAYS AFTER THE
DAA TE OF HUNS
., 1HE CITY CLERK. --IT
DECIS'•ON IN THE O.rric OF ER p,DE. SECTION 11, THE VARIANCE DR SPECIAL
CE"IERF.
�" o THE DECI$ON Ec c,�:C THE QEi-
`ri-LL N'1 �'"--1 UNTIL A CO.Y OF
CI�Rr i, 'O DAYS HAVE ELAPSED AND NO APPEAL HFS B`[I I '' D.
•� cr::V FILE TH SF IT HAS BEEN DISKISSIn 39
DCI I _
E nHEn AND INDE%Ep LNDER THE LAU° Or I��-
r.•,_, ;y._'_!, IN THE S UVH ES SE> R 1.'TRY 0
'E RECURC OR IS RECORDED AND NDiED UN IDE OWNER'S CERTIFICATE BO TITLE
BOARD OF APPEJd
WE, THE UNDERSIGNED, HAVE NO OBJECTION TO THE PETITION
OF MR. & MRS. SCANGAS OF 217 NORTH STREET TO INSTALL
A THIRD FLOOR APARTMENT.
WE THINK THERE IS ADEQUATE PARKING.
WE ADDR SS
�� f .
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WE, THE UNDERSIGNED, HAVE NO OBJECTION TO THE PETITION
OF MR. & MRS. SCANGAS OF 217 NORTH STREET TO INSTALL
A THIRD FLOOR APARTMENT.
WE THINK THERE IS ADEQUATE PARKING.
ADpD�RESS
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