108 JEFFERSON AVENUE - KUPCHAN, NANCY - ZBA 108 Jefferson Ave. (R-1 )
Salem Hospital (Petitioner)
Nancy Kupchan (Owner) - -
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DECISION ON THE PETITION OF SALEM HOSPITAL FOR A O
VARIANCE FOR 108 JEFFERSON AVE. , SALEM ..
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A hearing,on this petition was held March 27, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Strout 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.
Petitioner requests a Variance to allow commercial/industrial uses in this R-1
district. The premises are owned by Nancy Kupchan.
The Variance which has been requested may 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 amy 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 hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . The ledgey topography of the property, and its proximity to commercial
properties, make it uniquely unsuitable, in this R-1 district,
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for single family use;
2. Petitioner would suffer a financial hardship if it were limited
to R-1 uses of the property;
3. Petitioner has proven to be a trustworth and reliable neighbor
and one which would not be expected to abuse the broad discretion
this Board, by granting this petition, would be investing in it
in regard to its use of the property.
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 or circumstances exist which affect this lot which
do not affect the district;
2. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon petitioner;
DECISION ON THE PETITION OF SALEM HOSPITAL FOR A
VARIANCE FOR 108 JEFFERSON AVE. , SALEM
page two
3. The Variance requested can be granted without substantial detriment
to the public good and without substantially derogating from the intent
of the district and the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 5-0 to grant the relief requested,
provided that:
1 . All underground tanks once used for gasoline be purged of gasoline
vapors and be pressure tested for their structural integrity, the
results to be reported to the Fire Inspector's office;
2. The testing of the automatic sprinkler system, and the results of the
test to be submitted to the Fire Inspector's office;
3. The installation and/or updating of the automatic fire alarm system
to reflect new occupancy;
4. Fire lane must be maintained around the building
Scott E. Charnas, Secretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
APPEAL FRO.'A THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE WASS.
CENERAL LAV.S, CHAPTER EC'. AND SHALL BE FILED V1ITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECiSiON-IN THE OMCE OF THE CITY CLERK.
FcSSANT 10 :::ASS. GE'i=F.f.'_ LA::'S. CHAPTER CCa, S.Ci:J(V 11, THE VAR'AiICE OR SPE^LPd FER::9T
CK.AWED HEREiN, SHALL N;:1 TP..-.E EF.ECT UI;Til A COY! C= THEDEL':SI;•:i, TH= C_i.T
Fiil:TiON OF 1HE. CITY CLER;i 11 AT 20 DAYS HAVE ELI,,-,'ED Ai0 NO APPEAL HAS G--EN FIM,
CC THAT, IF SU:r. AN 4PPEAL HS SEE:" FILE, THAT IT HAS BEEN DIS'1'iSSEO OR DE(IED IS -
RE.C•@D_D IN THE — tTH L S:!: R-LLIS'i,'. CF C•EECS AND INDEXED U12DER THE NA6iE UF THE O'. `F.
OF RECORD OR IS RECORDED AND NO ED Cit THE O'NNER"S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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