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10-10 1/2 HANCOCK STREET - OUELLETTE, FRANK & DIANNE - ZBA i6.0t ftidd6A St. ft-� Frank & Dianne Ouellette r-- J i �ra c n_ -V; 4 w �t1tt of =7 at -y J j Q H PuttrD of Appettl r 3 Z - S, c DECISION ON THE PETITION OF FRANK & DIANE OUELLETTE FOR A VARIANCE FOR 10-102' HANCOCK ST. , SALEM r A hearing on this petition was held on October 24, 1984 with the F6116wing Board Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski and Associate Member 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 40A. Petitioners are requesting a Variance to convert an existing four family dwelling into a five family dwelling in this R-2 district. The Board of Appeal, after careful deliberation, decided there was substantial difference from this petition and the petition for a Special Permit which was denied on June 20, 1984. Therefore the Board voted unanimously to hear this petition. 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 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; and 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 purposes of the Ordinance. After hearing the evidence present at the hearing the Board makes the following findings of fact: 1 . No opposition was raised by neighbors 2. Neighbors showed their support either by letter or appearance; 3. The proposed use would be in harmony 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 affect this lot but do not affect the district generally; 2. Literal enforcement of the Ordinance would work a substantial hardship upon petitioner; DECISION ON THE PETITION OF FRANK Sc DIANE OUELLETTE FOR A VARIANCE FOR 10-102' HANCOCK ST. , SALEM page two. 3. Desirable relief may be granted without substantial detriment to the public good or without substantially derogating from the intent and purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously in favor of granting the petitioner the Variance requested under the following terms and conditions: 1 . Eight on site parking spaces be maintained; 2. The premises shall remain owner occupied, if the property ceases to be owner occupied it will revert to a four family; 3. A Certificate of Occupancy must be obtained. VARIANCE GRANTED � w f� U l`N y ames B. Hacker, Chairman J A 3OPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM. THIS DECISION, IF ANY, SHALL BE MADE PURSUANT T0. SECTION 17 OF THE MASS. GENERAL LA! . CHAPTER E08, A14D SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS OE"!S:0% IN THE OFFICE OF THE CITY CLERK. T -.-S '_ Lr:. S CHAFER 808. SECTI N 11 THE VARIANCE OR S °CIA.L PERMIT PU Fa !J _ GP.ANTH¢%':'2Sn.$ CE-I��An'-- i EFFECT ECi UI-TIL A C^_PY OF The DECISIO'V BEA,-'j% THE CERT- .FICATION CF IH-. Cf'y CJ ERX, THAT 20 DAYS HAZE EL?.F.,cD A..D NO APPEAL HAS ° i FILED. OR Thi A:. IF SUCH AN APPEAL HAS SEEN FILE, THAT IT HAS BEEN DISin ISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY CF DEEDS AND INDEXED UNDER OF T E NA; E OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CE BOARD OF APPEAL