256 JEFFERSON AVENUE - ELLIS JR, JOHN H - ZBA � 256 Jefferson Ave. B-1
John H. Ellis Jr.
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DECISION ON THE PETITION OF JOHN ELLIS JR. FOR VARIANCES
AT 256 JEFFERSON AVE. (B-1 )
A hearing on this petition was held January 31 , 1990 with the following Board
Members present: James M. Fleming, Chairman; Richard A. Bencal , Vice Chairman;
Edward Luzinski , Richard Febonio and Associate Member Peter Dore. 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, represented by Attorney John Keilty, Peabody,
is requesting a Variance from lot area, lot width, lot coverage, front yard depth,
side and rear yard setbacks as well as parking, to allow four apartment units
in this B-1 zone.
The Variances which have been requested may be granted upon a finding by 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 involve
substantial hardship, financial or otherwise, to the 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 . To external changes are to be made to the property.
2. Property is located in a business zone (B-1 )
3. The property was purchased by the petitioner in 1980 as a four family
and has been used as. such on and off since at least then as a four family.
4. The area in question is a highly congested area and borders on a high
traffic intersection.
5. Property is assessed by the City of Salem for three units only.
6. Opposition was presented in letter form by Ward 3 City Councillor
Vincent Furfaro and opposition by abutters and others was voiced at the
hearing.
7. No support, other than from the petitioner, was expressed in any form.
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DECISION ON THE PETITION OF JOHN ELLIS JR. FOR VARIANCES AT
256 JEFFERSON AVE. , SALEM
page two
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 do not exist which especially affect the subject
property but not the district in general ;
2. Literal enforcement of the provisions of the Zoning Ordinance would not
involve substantial hardship to the petitioner;
3. Desirable relief can not be granted without substantial detriment to the public
good or without nullifying and substantially derogating from the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 0 to 5 against the granting the
requested Variances . Variances are therefore denied.
DENIED
A;,/ � �� �
R-fchard A. Bencal , Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Anneal from this decision. if any. shall be mtde pursuant to Section 17 of
Tile Miss. General Laws. Chanter P,o9, and sh-.11 he ftlad vnthin 20 days
.:Ilrr III; C.rtc of 6601 of Ifir. rle aron m tele ou;ce of the City Clerk.
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Is recorded and noted on the owner's Certificate of rills.
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