397 ESSEX STREET - MCGRATH, VINCENT - ZBA 1
397 Esse:; St. R-2
Z & M REALTY (OWNER)
- - VINCENT MCGRATH (PETITIONER) — -
-�
CITY OF SALEM
BOARD OF APPEAL
9
One Salem Green
SALEM, MASSACHUSETTS 01970
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DECISION ON THE PETITION OF VINCENT MCGRATH FOR VARIANCES
AT 397 ESSEX ST. (R-2)
A hearing on this petition was held Tuesday, September 29, 1987 with the following
Board Menbers present: James M. Fleming, Vice Chairman; Richard Bencal, Secretary;
Peter 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 seeking a Variance to allow an existing
four family plus five rental roa-:s and a Variance from parking in this 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 sane district, ,
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted �rithout substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district of the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and after
viewing the plans, makes the following findings of fact:
1 . The property has been used in its present conditions for
many years;
2. No support or opposition was voiced or presented;
3. Petition has owned this property since 1978.
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 affect the subject property but not
the district in general;
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioner;
3. The relief requested can be granted without detriment and without
nullifying or substantially derogating fron the intent of the district
or the purpose of the ordinance.
DECISION ON THE PETITION OF VINCENT MCGRATH FOR VARIANCES
FOR 397 ESSEX ST. , SALEM, :
page two
Therefore the ZoninBoard
�,o of Appeal voted unanimously, 4-0, to grant the
relief requested, provided that: ,.
1 . All conditions of the Salem Fire Department in a letter to this
Board, be adhered to;
2. Three (3) legal parking spaces be maintained on site;
3. Proper licensing for a rooming house be obtained from the
Salem Licensing Board;
4. A Certificate of Inspection from the Salem Building Department
be obtained.
VARIANCES GRANTED
i hard A. Be nca Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
6PPFElll F=71f5 IF ANY, SHAiC BE h ADE PURSUANT TJ SEUMN 17 OF THE M,.M
ED--RAL �i:«R 878, A'(D SHALL El FLED W:T !N 21 DAiS Ai TER THE DATE OF FUNS
JO I-PIS �+=F --F IN THE OFFS; OF TH. CITi CLERK.
.�URSF.F,1
-M .1-.47S CE;:["./.L IA;;S. CHAP–.R 8::5. ccr :,': 11. TE:. 1".-;A",C,. 07 EPFCIAL FER::IT
.GRAnu h..'u.i. SHALLK-? TA'.E EF;ECT U:M'. A C;" 0. iH.E:':---!:. EEA:. Tii C;RT•
FfCATfln ff-1,..c GTY C.:,.S.THii? c7 D.Al'$ HA'S L"rS:D A.,; '=?:,L H" C:CV
Fl-,ED.
JOT; TH ;c SUCH A'( AFFE4. H KEN F:_E. TiY.I c °EES ':—Ic =2 CC L':':..D is
.4IZU iD !N THE S:CTH ESSEX R._ISTRY CE D`DS A:i Ii;C_Y,E[; L.:::. SHE L,....E OF THE
MFIT— R" OR IS RECORDED AND WE' C'i Tr:E CWiiER S CERT;,,:--1E OF TITLE.
BOARD OF APPEAL
N/F - KAUDERS
53,70
51524 SF
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ESSEX S1 .
MORTGAGE SURVEY PLAN, No7
R. J. MOHUN. Registered Professional Engineer, Saugus, Mass.
97 ESSE^ STRUT .I hereby certify that the building shown on this plan is
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1 �, '^ M R GA LTY TSR U ST located on the ground as shown and that it. conformed to
Own the zoning laws of the City/Town of
Sella:
(W=20 FT 5 25-1986 when constructed. SALEM
Dat.: when
No: ���
r �. I further certify that this property ���
= N O located
�. :onaPLmbr. ASS C5 S QR'3 MAP. M, . vaxe,w,wN, within a FLOOD HAZARD ZONE as delineated on the
Date: MAP of: �j t� ,c
DaatRelaranea:BOOK 6526 Page 183 COMMUNITY: 2501O2 A MAR.IS-7
Dated:
1 an Alla anoa:PL EK. Pian By the Department of Housing and Urban Development
IFederal Insurance Administration.
IESSEX COUNTY SOUTH, REGISTRY OF DEEDS
Property line and street line offsets shown on this plan are
� specifically for the determination of zoning requirements
RM°gonh0lfd�' c�+.•,,�
P
No,1015.7 - f.
This plan is derived from tape measurements in the field. It A 'P 0
does not include measurements of angles with a transit.
Offsets are not to be used for fences, walls, etc. sDc.
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Signet:
" R.E. 10153 ,
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