173 OCEAN AVENUE - PELLETIER, LIONEL - ZBA r- 173 Ocean AVe. R-2 ,
Lionel Pelletier
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CIT 1'
C,L ' ;, F'rICE
DECISION ON THE PETITION OF LIONEL PELLETIER FOR VARIAKM� iM" MAjg
173 OCEAN AVENUE (R-2)
A hearing on this petition was held April 15, 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. 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 the requirements
of SEction VI, Table 1 of the Zoning Ordinance relative to lot area, area per
dwelling unit and lot width to allow parcel to be divided into two lots, A & B.
Also requesting a Variance from minimum depth of front yard for Lot A. A single
family dwelling to be constructed on Lot B. Property is located in an R-2 zone.
The Variances which have 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 in-
volve substantial hardship, financial or otherwise, to 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 not opposition;
2. Lots to be divided will be about the same size and in keeping with
the neighborhood.
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 . Special conditions exist which especially. affect the subject but
do not affect the district generally;
2. Literal enforcement of the Ordinance would involve substantial hardship
to 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 LIONEL PELLETIER FOR A VARIANCE
AT 173 OCEAN AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
51
1 . A building permit be obtained prior to construction;
2. Plans be presented to the Fire Prevention Bureau for approval
prior to the issuance of a Building Permit;
3. Proper street numbering be obtained from the Assessor;
4. A Certificate of Occupancy be obtained.
VARIANCES GRANTED
J/
Tames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. IF ANY. SHALL 8F, ED MADE
20NDAYS AFTER THE D TN 17 OF E HOF FILING _
GENERAL LAWS. CHAPTER BOB.0ANp SHA.1 Bc
OF THIS 6ECISION IN THE OFFICE OF THE CITY CLERK.
PUP.SAN7 TO MASS. GEHEP.AL LAWS CHAPTER EOE. SECTI�5 11. THE VAF.IA::CE Of SoP'!GL PER6117
.CT
GRANTED F L'NTION OF THIE CITY SHALL
CLERK THAT 20iDAY5 HAJEAELAPYE-D FA. OcI EVA'P cH:.S IE2EI NFILED.T
c AD INDEXED c':C.ER THE NAaiE Of THE OWNER
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE. THAI IT H..S BEEN D!c:, -T T CR CEGIED
RECORDED IN THE SCU7H ESSEX RECISTR. C% DEEDS
QF. AEG= OR 1S RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE
6C14RQ OE APPEAR
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CITT y
DECISION ON THE PETITION OF LIONEL PELLETIER FOR VARIANC ALtM HAu)FF
I
SS E
173 OCEAN AVENUE (R-2)
A hearing on this petition was held April 15, 1987 with the following Board
MembersP resent: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and
Strout. 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 the requirements
of SEction VI, Table 1 of the Zoning Ordinance relative to lot area, area per
dwelling unit and lot width to allow parcel to be divided into two lots, A & B.
Also requesting a Variance from minimum depth of front yard for Lot A. A single
family dwelling to be constructed on Lot B. Property is located in an R-2 zone.
The Variances which have 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 in-
volve substantial hardship, financial or otherwise, to 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 not opposition;
2. Lots to be divided will be about the same size and in keeping with
the neighborhood.
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 . Special conditions exist which especially affect the subject but
do not affect the district generally;
2. Literal enforcement of the Ordinance would involve substantial hardship
to 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 LIONEL PELLETIER FOR A VARIANCE
AT 173 OCEAN AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . A building permit be obtained prior to construction;
2. Plans be presented to the Fire Prevention Bureau for approval
prior to the issuance of a Building Permit;
3. Proper street numbering be obtained from the Assessor;
4. A Certificate of Occupancy be obtained.
VARIANCES GRANTED
lames B. Hacker, Chairman
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 70 SECTION 17 OF THE MALS, Y
GENERAL LAWS. CHAPTER 8D8. AND SHALL BE FILED WIT"IN 20 DAYS AFTER THE DATE OF FILING ,
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. carC
PUF.S4N7 TO K;ASS. CENEP.AL MWS. CH/'.PIER £D8. SECiIvN 11, THE VARIANCE OF. 1AL RER,11T
A.h;O NO AFFE!d H%."> Ei.ER FILED,
DRANTEO HEREIN, SHALL NOT TACE ERECT U!-TIL A COPY OF THE LIE'-VICfI. EE!,".!M1!• 'Ht CCR
FIG4TION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED
OR THAT. If SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS DEE" I .DS AND INDEXED "IISSEp OR CENIED IS
ECORDEDI(N 6E SOUTH ESSEX EGISTNOTEIUF ONrTNEEOWNER'S CERTIFIG9i9 OF TITLE C THE A' OF THE bWNER
BDw GE APPEAR
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